By indicating that you accept this Terms and Waiver & Release of Liability (the "Agreement"), you agree to be bound by its terms and conditions. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY OF OUR OFFERINGS. These offerings include mobile golf simulator rentals, equipment, instruction, and events, and for the purposes of this Agreement, all such offerings are called the "Services".

This Agreement constitutes a legally-binding contract between you and Fairway Feinz Mobile Golf Simulator LLC. Please note that Sections 2, 3, 9, and 13 contain waivers, releases, and arbitration and indemnification agreements regarding your participation. Please read those Sections, and this entire Agreement, carefully.

You acknowledge that you have read this Agreement and understand that it contains a RELEASE OF LIABILITY in favor of Fairway Feinz Mobile Golf Simulator LLC, its officers, directors, owners, investors, managers, employees, agents, independent contractors, volunteers, affiliates, subsidiaries, related operating companies, insurance carriers, suppliers, successors, and assigns (collectively herein, the "Company" or "Fairway Feinz"). This Agreement applies to today and each time you (1) use Company equipment or Services or (2) have Company equipment delivered to your location in the future.

1. Assumption of Risk

1.1. You understand that your use of Company equipment, Services, and/or the mobile golf simulator will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the Company's equipment and/or Services and you ASSUME ALL RISK of injury, illness, damage or loss to yourself (including without limitation serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death) or your property that might result from such participation and/or use (including without limitation) any loss or theft of any personal property.

1.2. You represent that you are physically capable of participating in golf simulation activities and services provided by Company. You understand that no exercise/activity program should be undertaken without the consent of a medical doctor and you are responsible for obtaining such consent.

1.3. You understand and appreciate that physical exercise and activities (including, without limitation, golf and golf simulation) can be inherently strenuous, dangerous, and subject to great risk of injury, including, but not limited to, serious injury, severe illness, or death, and You expressly assume the responsibility for such inherent risk.

1.4. You recognize that golf simulators are instructional in nature and involve the use of golf clubs, golf balls, and electronic equipment.

1.5. You represent that: You are not currently experiencing (and have not experienced for the last 14 days) any symptom of illness possibly related to COVID-19, such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or loss of taste or smell; you have not traveled to areas of high infection of COVID-19 within the last 14 days; you do not believe you have been exposed to someone with a suspected and/or confirmed case of COVID-19 in the last 14 days; you have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities; and you are following all CDC recommended guidelines as much as possible and limiting your exposure to COVID-19; in the future, you will not use Company Services if you cannot make the above representations at that moment.

1.6. You acknowledge the contagious nature of COVID-19; that Company has put in place preventative measures to reduce the spread of COVID-19 (and related illnesses); and that even so, Company cannot guarantee that you will not become infected with COVID-19.

2. Express Waiver and Release of Liability (Including for Company Negligence)

2.1. In consideration for being allowed to use Company equipment, participate in activities, and/or use the Services, you agree that, with the exception of any matters in which liability cannot be excluded under applicable law, Company will not be liable for any claims, demands, injuries, loss, liability, damages, costs, expenses, actions, or causes of actions whatsoever in respect of yourself or your property (including, without limitation, lost or damaged personal possessions), arising out of or connected with the use of any of the equipment, Services, or participation in golf simulation activities. YOU HEREBY EXPRESSLY RELEASE AND DISCHARGE AND COVENANT NOT TO SUE Company, its officers, directors, owners, investors, managers, employees, agents, independent contractors, volunteers, affiliates, subsidiaries, insurance carriers, suppliers, successors, and assigns from any and all such claims, demands, injuries, loss, liability, damages, costs, expenses, actions, or cause of action, notwithstanding the actions, omissions, or any negligence on the part of one or more of these parties.

2.2. In particular and by way of example, you agree that, to the extent permitted by applicable law, Company will not be liable or responsible for any injury to you (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death) which may occur as a result of the following, regardless of Company's actions, omissions, and/or negligence:

2.2.1. Your use of the Services, any equipment, and/or amenities provided by Company; 2.2.2. Your participation in any activity, instruction, or golf simulation provided by Company; 2.2.3. The sudden and unforeseen malfunctioning of any equipment provided by Company; 2.2.4. Company instruction, training, or supervision; 2.2.5. Your being struck by others or by equipment used by others while they are participating in golf simulation activities; 2.2.6. Your slipping and/or falling while using Company equipment or Services; 2.2.7. Equipment setup, breakdown, or transportation to your location.

2.3. You agree that this Agreement, including for any Company negligence, shall be binding upon my spouse, heirs, executors, administrators, and assigns. The limitations of liability set forth in this Section 2 also apply to claims between you and Fairway Feinz's affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of Fairway Feinz or its affiliates (individually and collectively, the "Fairway Feinz Parties"), and such Fairway Feinz Parties shall be considered intended third-party beneficiaries with respect to this Section.

3. Indemnification

3.1. YOU AGREE TO INDEMNIFY, REIMBURSE, AND HOLD HARMLESS Company against any claims (including, without limitation, for damages and any legal costs and expenses) arising out of or connected to (a) your use of any of the equipment and/or the Services, (b) your violation of this agreement, (c) your negligence, recklessness, or willful misconduct, (d) any acts or omissions of, or any claims brought by, any other person who you allow to use or access Fairway Feinz's Services, including but not limited to the following:

3.1.1. Claims made by you, your parent(s)/legal guardian(s), or others arising out of or connected to an injury (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death) to you; and/or 3.1.2. Claims of participants, rescuers, or others arising out of or connected to your conduct while using Company equipment and/or services.

4. Compliance with Law, Prohibited Conduct

4.1. You agree to comply with all applicable laws, rules, and regulations when using the Services.

4.2. At our sole discretion, we may prohibit your further use of the Services if you fail to comply with any provisions of this Agreement or any applicable additional terms or rules governing participation.

4.3. In addition to any other restrictions and limitations set forth in this Agreement, you will not use our Services in any manner that would violate any applicable law, contract, intellectual property right, privacy right, or other third-party right. Furthermore, you will not engage in any action that is intended to: (i) systematically collect information about our Services or users; (ii) damage, disable, disrupt, or interfere with the operation or use of the Services or equipment; or (iii) use the Services for a commercial purpose or use the Services other than for their intended recreational purpose.

5. Safety Rules and Alcohol Policy

5.1. By using Company equipment, Services, or participating in any activity provided by Company, you agree to abide by the following safety rules, as well as other safety rules communicated by Company staff:

5.1.1. All individuals must hit from the designated hitting area/mat only and must aim toward the golf simulator screen. 5.1.2. Only the individual who is taking a turn may stand in the hitting area. All other players, spectators, and other individuals must stay behind the designated safety boundary. 5.1.3. All individuals under the age of 18 must be supervised by an adult while using Company equipment. 5.1.4. All individuals must refrain from throwing golf balls or clubs. 5.1.5. All individuals must use common sense and be mindful of their circumstances/surroundings to avoid injuring other persons or damaging property. 5.1.6. All individuals must follow all Company guidelines and preventative measures to reduce the spread of COVID-19 (and related illnesses). 5.1.7. No food or beverages should be placed near or on the equipment. 5.1.8. Equipment should not be moved or adjusted without Company staff approval.

5.2. Alcohol Policy. While alcohol consumption is permitted during rental periods, the client assumes full responsibility for all guests' conduct and safety. Company reserves the right to immediately terminate service without refund if any individual becomes intoxicated to the point of creating unsafe conditions or damaging equipment. Client agrees to control guest behavior and prevent any unsafe or disruptive conduct. Client is solely responsible for any alcohol-related incidents or injuries.

6. Injuries

6.1. You will immediately report any accident or injury to Company staff and will provide a written report from your doctor within a reasonable time upon request.

6.2. You authorize emergency medical care and assume all related costs.

7. Property Damage

7.1. You agree to pay the full replacement cost for damage to Company equipment caused by you and/or your guest's (or guests') careless use of equipment or other intentional or negligent acts. Replacement costs will be determined based on manufacturer's current retail pricing.

8. Permission to Use Likeness; Information Rights

8.1. You grant Company permission to use your likeness in photographs and video in any and all of its publications and in any and all other media, in perpetuity, and for other use by Company. You will make no monetary or other claim against Company for the use of such photographs and video.

8.2. All trademarks, trade names, service marks, logos, and trade dress that we use in connection with our Services are owned by or licensed to Fairway Feinz and are protected under both United States and foreign laws. Fairway Feinz's trademarks include FAIRWAY FEINZ, FAIRWAY FEINZ-derivative marks, and other marks and associated logos. All trademarks, trade names, service marks, logos, and trade dress used in connection with our Services that are not owned by us are the property of their respective owners. Fairway Feinz and our licensors reserve all rights in and to all of the foregoing. You must not use any of our trademarks, trade names, service marks, logos, or trade dress in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

9. Minors

9.1. If you are consenting for a minor participant, you represent that you are the minor's parent or legal guardian or you have permission from the minor's parent or legal guardian to consent on behalf of the minor's parent or legal guardian to, among other things and as set forth more fully in Sections 1-7 above and 9.2 below, assume all risk and release Company from all liability for any injury (including, without limitation, serious injury or death) to the minor.

9.2. As set forth more fully in Sections 1-7 above as applied to the minor participant, you expressly: 9.2.1. Assume all risk of the minor's injury (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death) or loss; 9.2.2. Release Company from all liability for any claims for such injury or loss arising out of or connected to the minor's use of any Company equipment and/or Services, regardless of whether such injury or loss was caused by Company negligence; and 9.2.3. Agree to indemnify, reimburse, and hold harmless Company against any claims (including for damages and any legal costs and expenses) arising out of or connected to the minor's use of any of the Services and/or equipment of Company.

9.3. Each section in this Agreement applies to the minor (e.g., minor's use of Company equipment, participation in any services or instruction provided by Company, and/or potential injury resulting from any such use, participation, or similar activities).

10. Service Areas and Booking

10.1. Company provides mobile golf simulator services exclusively in Berks County, Lancaster County, and Lebanon County, Pennsylvania. Travel distances exceeding 45 miles from Reading, PA may incur additional travel fees of $1 per mile beyond the 45-mile radius.

10.2. Bookings can be made through the Company website at fairwayfeinz.com or by contacting Company directly at [email protected] or (484) 509-9533.

10.3. All cancellations must be made at least 4 hours before the scheduled rental time to receive a refund. We understand that life happens, but any no-call/no-shows will not receive a refund and will be charged an additional $50.

10.4. Weather and Force Majeure. Company reserves the right to cancel or reschedule services due to severe weather conditions, natural disasters, government restrictions, or other circumstances beyond our control. In such cases, full refunds will be provided or events may be rescheduled at no additional cost.

10A. Equipment and Setup Requirements

10A.1. Space Requirements. Client must provide a minimum space of 15 feet wide x 20 feet deep x 10 feet high for equipment setup. Indoor setups are preferred for optimal equipment protection.

10A.2. Power Requirements. Client must provide access to a standard 120V electrical outlet within 50 feet of the setup area. Extension cords longer than 50 feet may affect equipment performance.

10A.3. Surface Requirements. Setup area must be on level, stable ground. Company is not responsible for damage to lawns, driveways, or surfaces during normal setup and operation.

10A.4. Access Requirements. Client must ensure clear access path of at least 4 feet wide for equipment delivery and removal. Any obstacles, stairs, or difficult access may result in additional setup fees of $50-$100.

10B. Service Limitations and Additional Fees

10B.1. Service Duration. Standard rental includes setup, instruction, operation, and breakdown. Company staff will remain on-site or nearby during rental period for technical support.

10B.2. Overtime Fees. Events extending beyond scheduled time will incur additional charges of $65 per hour or portion thereof.

10B.3. Additional Services. Golf equipment rental (clubs, balls, tees) available for $25 additional fee. Client may provide their own equipment if preferred.

10B.4. Technology Limitations. While our Square Golf Monitor provides professional-grade simulation, results may vary from actual golf conditions. Company makes no warranties regarding data accuracy or game realism compared to outdoor golf.

11. Purchases and Payment

11.1. Prices are subject to change by Fairway Feinz at any time with advance notice.

11.2. You may be required to pay additional amounts in connection with our Services, including cancellation fees and fees for damages, as well as applicable taxes.

11.3. Payment and Billing. We accept all major debit and credit cards, and tap to pay through Square payment processing. No cash or checks accepted. All payments for Services are due at the time of booking or service completion.

11.4. All sales are final except as specified in our cancellation policy. Fairway Feinz reserves the right to terminate service at any time due to unsafe, disruptive, uncooperative, negligent, reckless, or otherwise improper acts or omissions by you or your guests.

12. Your Information

12.1. Privacy Policy. Our Privacy Policy explains how we collect and use your personal information. During your use of our Services, we may make audio and photographic/video recordings that include images and audio recordings of you and other participants. If you are authorized and proceed to make use of our Services with your minor children, you consent on behalf of your minor children to audio, photo, and video recordings of your minor children during the use of the Services. Such recordings will only be used in accordance with our Privacy Policy.

12.2. Feedback. You may send questions, comments, suggestions, ideas, or other feedback related to Fairway Feinz or our Services (collectively, "Feedback"). You understand that your submissions are voluntary, and we may use your Feedback without any restriction or obligation to compensate you or keep the Feedback confidential.

12.3. Communications. We may need to contact you about the Services. You agree that we may use phone numbers and email addresses you provide us to contact you by telephone, text messages, or email for operational purposes and customer service. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of text messages, text STOP to the number you receive a text from, or email us at [email protected].

13. Dispute Resolution and Arbitration

13.1. Customer Service. We are committed to providing you with an amazing experience, but when that is not possible we will provide an efficient and effective process for resolving your concerns or claims. If you have any questions, concerns or complaints regarding our Services, or if you incur any loss, damage or injury related to our Services, please contact us at [email protected] or (484) 509-9533. Please provide: (i) your name and preferred contact information, and (ii) a brief description of the event. Our customer service team will contact you for any additional necessary information and attempt to resolve the matter.

13.2. Arbitration Agreement. In the event we are not able to resolve your concerns informally, either party may initiate a binding arbitration proceeding administered by the American Arbitration Association (AAA). You and Fairway Feinz each agree to notify the other party of the dispute in writing at least 30 days prior to initiating an arbitration. You must send your notice of dispute to Fairway Feinz by email to [email protected]. If Fairway Feinz initiates arbitration, we will send our notice of dispute by email to the address you provided. Your notice of dispute must include: (i) your name and preferred contact information, and (ii) a brief description of the events leading to your dissatisfaction or loss, and (iii) your request to resolve the claim. Following receipt of notification, the parties will attempt in good faith to negotiate an informal resolution. If the parties are unable to resolve the dispute within 30 days, either party may commence arbitration.

13.3. The arbitration will be administered by AAA under its Consumer Arbitration Rules. The arbitrator will conduct hearings by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. The arbitrator will have the authority to conduct in-person appearances only in Berks County, Pennsylvania. The arbitrator's decision will follow the terms of this Agreement and will be final and binding.

13.4. Binding Individual Arbitration. YOU AND FAIRWAY FEINZ MUTUALLY AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION. All disputes arising out of or relating to this Agreement or our Services will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. YOU AGREE THAT FAIRWAY FEINZ AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

13.5. Class Action Waiver. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class or collective action.

13.6. Exclusions and Limitations. This arbitration agreement shall not require arbitration of the following types of claims brought on an individual basis: (1) disputes or claims that may be brought in small claims court; (2) claims of sexual assault or sexual harassment; (3) disputes or claims that arise from actual or threatened infringement of intellectual property rights; and/or (4) claims arising from loss of life.

14. Severability

14.1. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.

15. Integration

15.1. You understand and agree that no oral or written communications can or will alter the contents of this Agreement.

16. Governing Law & Venue

16.1. This Agreement is governed by the laws of Pennsylvania.

16.2. If it is determined that a dispute between the parties is not subject to arbitration as set forth in Section 13, then such dispute will be resolved exclusively in the state courts of Pennsylvania sitting in Berks County, Pennsylvania, and the parties hereby submit to the jurisdiction of such courts for such purpose.

16.3. Pennsylvania Law Compliance. This Agreement is intended to comply with all applicable Pennsylvania laws including but not limited to Pennsylvania's Recreational Use Statute where applicable. If any provision of this Agreement conflicts with mandatory Pennsylvania consumer protection laws, such laws shall govern to the extent required.

17. Termination and Updates

17.1. Fairway Feinz may, without notice and in our sole discretion, terminate this Agreement and/or your ability to access or use our Services; and modify, suspend or discontinue all or a part of our Services for any reason at any time. The following provisions of this Agreement will survive and continue in effect notwithstanding any such termination: Sections 1-9, 12-13, and 15-17.

17.2. We may make changes to this Agreement from time to time. If we make changes, we will provide notice of such changes, such as by sending you an email or posting the amended Agreement on our website and updating the "Last Updated" date. Unless otherwise stated in our notice, the amended Agreement will be effective immediately and your continued use of our Services after we provide notice will confirm your acceptance of the changes.

By indicating that you accept, you acknowledge that you have read this Agreement and understand all of its terms. You agree to this Agreement voluntarily and with full knowledge of its significance. You fully understand that you are hereby relinquishing substantial legal rights, including the right of financial recovery for injury, whether the injury results from the inherent risks of the activity or from the ordinary negligence of Company. You expressly agree that this Agreement shall be binding upon your spouse, parents/legal guardians, heirs, executors, administrators, and assigns.