Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement

DECLARATIONS: This Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement (“Agreement”) is entered into by the undersigned (“Client”) for the express and exclusive benefit of PGA Golf Properties, Inc., a Florida corporation, its affiliates, its parents, and each of its and their officers, directors, managers, employees, and agents (collectively “PGA”). The provision of any and all services by PGA, including, but not limited to, by its employees and authorized agents, and Client’s use of any PGA premises or facilities (as defined below), online/remote fitness or golf programs, or equipment, are all subject to the terms of this Agreement.

ASSUMPTION OF RISK: Client agrees that if Client engages in any activity, enters or uses the premises or facilities at the PGA Coaching Center, PGA Headquarters, Fields Ranch, and/or PGA Frisco (collectively, the “PGA Premises”) for any purpose, or uses any equipment at the PGA Premises, Client does so at their own risk and assumes all risk of any and all injury and/or damage of any kind whatsoever that Client may suffer, whether before, during, or after such engagement, entry, or use, including, but not limited to, any injury and/or damage of any kind whatsoever arising out of the negligence of PGA or other users of the PGA Premises, and further, Client acknowledges and agrees that Client's assumption of risk includes, but is not limited to: Client’s use of any equipment (mechanical, golf training, exercise-related, or otherwise), golf clubs, or related equipment (whether Client’s, PGA’s, or a third-party’s), hitting or putting bays, simulators, studios, ranges, locker rooms, sidewalks, parking lots, stairs, lobby or other general areas of the PGA Premises, and Client's participation in any individual or group activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic and anaerobic activities, strength and conditioning activities, aquatic activities, yoga, pilates, massage, golf play, golf lessons, training and conditioning activities, golf club fitting, or any related activities or endeavors of any kind whatsoever conducted on or in the PGA Premises (collectively, the “Assumed Risk Activities”).

RELEASE AND INDEMNIFICATION: Client agrees on behalf of themself and all of Client’s personal representatives, heirs, executors, administrators, agents, and assigns to fully, absolutely, and unconditionally release, discharge, hold harmless, and indemnify PGA from any and all claims, demands, actions, suits, damages, judgments, and causes of action of any kind and of whatsoever nature (collectively “Claims”), whether known or unknown, fixed or contingent, suspected or unsuspected, or whether having arisen or hereafter to arise, which Client ever had, now has, claims to have, or may have in the future against PGA, for, upon, or by reasons of any act, omission, other conduct, matter, event, or cause whatsoever, in any way arising from, related to, or in connection with (a) the Assumed Risk Activities, (b) instruction or supervision by PGA, (c) negligent hiring or retention of employees, and/or (d) slipping/tripping/falling while on or in any portion of the PGA Premises or while traveling to or from the PGA Premises, including injuries resulting from PGA’s or anyone else’s negligent inspection or maintenance of PGA’s premises or facilities.

This Agreement is not and is not intended as a release or attempted release of claims of gross negligence or intentional acts.

ACKNOWLEDGMENTS: Client expressly agrees that the foregoing assumption of risk, release, and indemnity is intended to be as broad and inclusive as permitted by the law in the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Client expressly agrees to: (a) be solely responsible for Client’s own safety and well-being, (b) comply with all rules imposed by PGA regarding the use of the PGA Premises and the engagement in any activity at, on, or in the PGA Premises or through PGA, (c) conduct themself in a controlled and reasonable manner at all times, and (d) refrain from using any portion of PGA's premises or facilities or any equipment of any kind in a manner inconsistent with its intended design and purpose. Client understands, acknowledges, and agrees that the use of any equipment of any kind at, on, or in PGA’s premises or facilities involves risk of serious injury, including permanent disability and death. Client further understands, acknowledges, and agrees that PGA is not responsible for property that is lost, stolen, or damaged while in, on, or about the PGA Premises.

PHOTOGRAPHS/VIDEO/AUDIO: Client gives permission for PGA to use, without limitation or obligation, photographs, film, video, and/or audio recordings that may include Client’s image, likeness, and/or voice for purposes of promoting PGA, the PGA Coaching Center, and/or the PGA Premises via print, digital, and online channels with or without Client’s direct or indirect knowledge or consent.

Client acknowledges and agrees that (a) Client has carefully read this Agreement, (b) Client fully understands its terms and their impact on Client, (c) Client fully understands that Client is giving up certain legal rights, (d) Client is voluntarily executing this Agreement intending to be fully bound by all its terms, and (e) that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.

I hereby certify that (a) I am the parent or legal guardian of Client; (b) if Client is a minor under applicable law, I have full legal capacity to execute this Agreement on behalf of Client; (c) regardless of whether Client is a minor, I am executing this Agreement in confirmation of my understanding and agreement to the terms of this Agreement; and (d) I have read and fully and completely understand and unconditionally agree to the terms set forth in this Agreement.