Terms and Conditions

PUTTHAUS LLC

GOLF SIMULATOR ASSUMPTION OF RISK, RULES & FINANCIAL RESPONSIBILITY AGREEMENT

Putthaus LLC  •  239 West Avenue  •  Kannapolis, NC 28081

PLEASE READ CAREFULLY BEFORE SIGNING

This Agreement affects your legal rights and creates financial responsibility for damage caused by you or members of your party.

By signing below, the individual who made the golf simulator reservation (the "Booking Holder") agrees to the following terms as a condition of using the golf simulators, golf clubs, equipment, furnishings, and facilities operated by Putthaus LLC ("Putthaus").

1. BOOKING HOLDER RESPONSIBILITY

I understand that I am the individual responsible for this simulator reservation and that the payment method associated with my reservation is the payment method Putthaus has on file.

I agree that I am financially responsible for damage to Putthaus property caused by me or any person participating in or using a simulator bay under my reservation, including adult guests and minors.

I agree to communicate the simulator rules contained in this Agreement to everyone in my party and to make reasonable efforts to ensure that my guests follow them.

I understand that Putthaus may stop play or remove any participant from a simulator bay for unsafe, reckless, destructive, or inappropriate conduct.

2. MINORS

I understand that anyone under eighteen (18) years of age is considered a minor for purposes of this Agreement.

If a minor participates under my reservation and I am that minor's parent or legal guardian, I accept responsibility for the minor's participation and conduct.

Regardless of my relationship to the minor, I agree as the Booking Holder that I am financially responsible under this Agreement for damage to Putthaus property caused by any minor participating under my reservation.

Children and minors must be appropriately supervised while using the simulator area.

3. DAMAGE & FINANCIAL RESPONSIBILITY

I UNDERSTAND THAT I MAY BE CHARGED FOR DAMAGE CAUSED BY ME OR ANY MEMBER OF MY PARTY.

The Booking Holder is responsible for damage resulting from intentional conduct, misuse, abuse, reckless conduct, negligence, failure to follow simulator rules, failure to follow staff instructions, or use of equipment in a manner inconsistent with its intended purpose.

The Booking Holder will not be charged for ordinary wear and tear, pre-existing damage, equipment malfunction, or equipment that fails during reasonable and proper use.

If equipment appears damaged or defective before play begins, the Booking Holder should notify Putthaus staff immediately.

Damage charges may include:

Golf Clubs

If a Putthaus golf club is bent, broken, cracked, excessively damaged, or otherwise made unusable because of misuse, abuse, improper handling, or prohibited conduct, the Booking Holder will be responsible for the actual reasonable repair cost or replacement cost, including applicable:

• Taxes

• Shipping or freight

• Necessary parts

• Vendor or repair charges

A Booking Holder will not be responsible merely because a club fails or breaks during normal and reasonable golf use without misuse or abuse.

Simulator Impact Screen / Enclosure

Damage to an AboutGolf curved impact screen, enclosure, framing, padding, netting, or related components may require specialized replacement and installation.

The Booking Holder will be responsible for the actual reasonable repair or replacement cost resulting from covered damage, including applicable:

• Replacement screen or component cost

• Taxes

• Shipping and freight

• Installation labor

• Service or technician charges

• Necessary calibration or adjustment

• Related materials

Simulator Technology & Electronics

Damage to simulator equipment, including but not limited to launch-monitoring equipment, sensors, cameras, projectors, computers, monitors, touchscreens, wiring, controls, or other AboutGolf simulator components, will be charged at the actual reasonable cost to repair or replace the damaged equipment.

Charges may include:

• Parts or replacement equipment

• Taxes

• Shipping and freight

• Installation

• Technician/service calls

• Programming

• Calibration

• Testing necessary to return the simulator to normal operation

Hitting Mats, Turf & Bay Equipment

Damage beyond ordinary wear to hitting mats, turf, tees, furniture, fixtures, barriers, dividers, or other equipment within the simulator bay will be charged at the actual reasonable cost of repair or replacement, including applicable tax, shipping, materials, and labor.

Other Putthaus Property

The Booking Holder is financially responsible for covered damage caused by the Booking Holder or members of their party to Putthaus property, including but not limited to:

• Walls

• Flooring

• Doors

• Glass

• Furniture

• Fixtures

• Décor

• Electronics

• Golf equipment

• Facility equipment

• Other real or personal property belonging to Putthaus

Charges will be based upon the actual reasonable cost to repair or replace the damaged property, including applicable materials, labor, taxes, shipping, freight, installation, and service expenses.

4. LOSS OF USE / LOST REVENUE

I understand that serious damage may make a simulator bay unavailable for additional customers while repairs are performed or replacement equipment is obtained.

If damage for which I am responsible causes a simulator bay or other revenue-producing Putthaus equipment to become unavailable, I agree to be responsible, to the extent permitted by applicable law, for reasonable and documented loss-of-use damages directly resulting from the incident.

This may include revenue from simulator reservations that Putthaus must cancel, refund, relocate, or otherwise cannot fulfill because the damaged bay or equipment is unavailable.

Any loss-of-use claim will be limited to the reasonable period required to diagnose, repair, replace, install, calibrate, and return the damaged equipment to service.

Putthaus will not intentionally delay repairs for the purpose of increasing a loss-of-use charge.

5. HOW DAMAGE WILL BE DOCUMENTED & CHARGED

If Putthaus believes damage occurred during my reservation:

1.  Putthaus management may inspect and document the condition of the equipment or property.

2.  Putthaus may use photographs, employee observations, equipment records, reservation records, security-camera footage when available, repair estimates, invoices, technician reports, and other reasonable documentation to determine the cause and extent of the damage.

3.  Putthaus will determine the reasonable cost of repair or replacement using invoices, estimates, manufacturer/vendor pricing, service charges, or other reasonable evidence of actual cost.

4.  When reasonably practicable, Putthaus will provide the Booking Holder with an explanation or itemization of the damage charges.

5.  Putthaus will use reasonable efforts to notify the Booking Holder of a damage claim under this Agreement within thirty (30) calendar days after the reservation during which the damage is believed to have occurred. A delay in providing that notice does not waive any right of Putthaus under this Agreement, except to the extent the delay materially prejudices the Booking Holder.

PAYMENT AUTHORIZATION

I AUTHORIZE PUTTHAUS LLC, AND ITS AUTHORIZED BOOKING OR PAYMENT PROCESSOR TO THE EXTENT SUPPORTED BY THE PROCESSOR, TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH MY RESERVATION FOR AMOUNTS I OWE UNDER THIS AGREEMENT.

I understand that such charges may occur after my simulator reservation once the damage has been inspected and the cost of repair or replacement has been reasonably determined.

I agree that the payment method associated with my reservation may be stored by Putthaus or its payment processor as a credential on file and used for charges under this Agreement, and I agree not to initiate a chargeback or payment dispute for a charge properly made under this Agreement without first contacting Putthaus and allowing a reasonable opportunity to resolve the matter. If Putthaus is unable to process the charge using the payment method associated with my reservation, or if the amount cannot be processed through the booking/payment platform, I agree that Putthaus may invoice me directly for the amount due.

Payment of an invoice is due within seven (7) calendar days unless Putthaus agrees otherwise in writing.

6. SIMULATOR & GOLF CLUB RULES

I agree that I and everyone participating under my reservation will comply with the following rules:

• Only one person may occupy the designated hitting/swing area while a player is swinging.

• All other guests must remain a safe distance behind the player.

• Golf clubs may only be swung within the designated hitting area.

• Do not intentionally strike or slam a golf club into the floor, ground, walls, ceiling, simulator screen, furniture, equipment, or any other surface.

• Incidental contact between a golf club and the designated hitting mat during an otherwise normal golf swing is permitted.

• Do not throw golf clubs.

• Do not bend golf clubs.

• Do not lean on, sit on, stand on, or place body weight on golf clubs.

• Do not use golf clubs as walking sticks, supports, toys, or for any purpose other than playing golf.

• Do not intentionally hit golf balls anywhere except toward the designated simulator impact screen.

• Do not move, strike, climb on, disconnect, tamper with, or modify simulator equipment.

• Children and minors must be appropriately supervised.

• Participants must follow all safety instructions and directions given by Putthaus employees.

• Equipment that appears damaged or defective must not be used and should be reported to Putthaus staff immediately.

• Horseplay, reckless swinging, fighting, or intentionally dangerous behavior is prohibited.

• Putthaus staff may immediately stop play when conduct creates a risk of injury or property damage.

Failure to follow these rules may result in termination of simulator privileges without refund and financial responsibility for resulting damage.

7. ALCOHOL & IMPAIRMENT

I understand that alcoholic beverages may be available at Putthaus.

Consumption of alcohol does not excuse unsafe behavior, violation of simulator rules, failure to follow employee instructions, or damage to Putthaus property.

I am responsible for using reasonable judgment regarding my ability to safely participate.

Putthaus reserves the right to prohibit or discontinue simulator use by any person whose behavior or apparent impairment creates a safety risk to themselves, other guests, employees, equipment, or property.

I understand that intoxication or impairment does not relieve me of financial responsibility under this Agreement.

8. ASSUMPTION OF RISK

I understand that participating in golf and indoor golf simulator activities involves inherent and other risks, including but not limited to:

• Being struck by a golf club

• Being struck by a golf ball

• Golf-ball rebound or ricochet

• Contact with other participants

• Slips, trips, and falls

• Improper swings

• Equipment malfunction or failure

• Strains, sprains, and other physical injuries

• Injuries caused by another participant's actions

• Damage to personal property

I voluntarily choose to participate despite these risks and knowingly assume the ordinary and inherent risks associated with my participation and use of the facility and equipment.

9. RELEASE AND WAIVER OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.

To the fullest extent permitted by North Carolina law, I, FOR MYSELF, voluntarily release, waive, and discharge Putthaus LLC and its members, managers, owners, employees, agents, representatives, affiliates, successors, and assigns from claims for personal injury, death, or property damage arising from my participation in golf simulator activities or use of Putthaus equipment or facilities, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF PUTTHAUS LLC OR THE OTHER RELEASED PARTIES.

This release is intended to include claims based upon the ordinary negligence of Putthaus or its employees to the fullest extent such a release is permitted by North Carolina law.

This Agreement is not intended to release liability that cannot legally be waived, including liability that applicable law prohibits Putthaus from disclaiming.

I understand that this release applies to my own claims. I understand that I cannot waive the independent legal rights of another adult participant merely because that individual is part of my reservation.

10. MINOR PARTICIPANTS

If I am the parent or legal guardian of a minor participating under my reservation, I acknowledge the risks described in this Agreement and consent to the minor's participation.

To the fullest extent permitted by North Carolina law, I agree for myself and in my legal capacity as the minor's parent or guardian to the applicable assumption-of-risk, release, and financial-responsibility provisions of this Agreement.

Nothing in this Agreement is intended to waive a minor's rights beyond the extent permitted by North Carolina law.

I remain personally financially responsible under Section 3 for covered property damage caused by a minor participating under my reservation.

11. PERSONAL PROPERTY

Putthaus is not responsible for lost, stolen, misplaced, or damaged personal property except to the extent responsibility cannot legally be disclaimed.

Participants are responsible for securing their own belongings while using the facility.

12. GOVERNING LAW, VENUE & SEVERABILITY

This Agreement will be governed by the laws of the State of North Carolina.

The exclusive venue for any action or proceeding arising out of or relating to this Agreement will be the state courts located in Cabarrus County, North Carolina, and each party consents to the personal jurisdiction of those courts and waives any objection based on venue or forum non conveniens.

If any portion of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that portion will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect to the fullest extent permitted by law.

13. INDEMNIFICATION

To the fullest extent permitted by North Carolina law, the Booking Holder agrees to indemnify, defend, and hold harmless Putthaus LLC and its members, managers, owners, employees, agents, representatives, affiliates, successors, and assigns from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of defense) that are brought by or on behalf of any person participating under the Booking Holder’s reservation, or that arise out of the acts or omissions of the Booking Holder or any member of the Booking Holder’s party.

This indemnification obligation does not apply to claims arising from the gross negligence or willful misconduct of Putthaus or the other indemnified parties, and does not extend to any liability that applicable North Carolina law prohibits Putthaus from shifting by contract.

This Section survives the completion of my reservation.

14. COLLECTION COSTS, ATTORNEYS’ FEES & INTEREST

If the Booking Holder fails to pay any amount owed under this Agreement when due, the Booking Holder agrees to pay Putthaus’s reasonable costs of collection, including reasonable attorneys’ fees.

The parties intend this provision to be an agreement to pay attorneys’ fees within the meaning of N.C. Gen. Stat. § 6-21.2, and attorneys’ fees recoverable under this Agreement will be in the amount of fifteen percent (15%) of the outstanding balance owing, or such other amount as that statute permits. Putthaus will provide the written notice required by N.C. Gen. Stat. § 6-21.2 before seeking attorneys’ fees under this Section.

Past-due amounts will accrue interest at the rate of one percent (1%) per month (twelve percent (12%) per year), or the maximum rate permitted by North Carolina law, whichever is less, beginning on the day after the amount becomes due.

15. ACKNOWLEDGMENT

By signing or electronically accepting this Agreement, I acknowledge and agree that:

• I am the Booking Holder for this reservation.

• I have read this Agreement before participating.

• I understand the simulator and golf club rules.

• I understand that I am financially responsible for covered damage caused by me or members of my party.

• I understand that damage charges are based on actual reasonable repair or replacement expenses rather than a predetermined penalty.

• I understand that charges may include taxes, shipping, freight, labor, installation, technician/service charges, and calibration when applicable.

• I understand that I may also be responsible for reasonable documented loss of use directly resulting from covered damage.

• I authorize charges to the payment method associated with my reservation to the extent supported by Putthaus’s booking/payment processor.

• I understand that if the payment method cannot be charged, I may be invoiced directly.

• I understand that I have agreed to indemnify Putthaus as described in this Agreement.

• I understand that if I fail to pay an amount I owe, I may also be responsible for collection costs, attorneys’ fees, and interest.

• I understand the assumption-of-risk and liability-release provisions contained in this Agreement.

• I understand that I have had the opportunity to ask questions before agreeing.

• I am entering into this Agreement voluntarily.

I UNDERSTAND THAT THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY, AN INDEMNIFICATION OBLIGATION, AND A FINANCIAL RESPONSIBILITY AGREEMENT.

ELECTRONIC ACCEPTANCE

If this Agreement is presented electronically, submitting the reservation constitutes my electronic signature and my agreement to these terms.