This Release of Liability, Waiver, Assumption of Risk, and Indemnification Agreement (this “Agreement”) is entered into by the undersigned (“Participant”) or, if Participant is a minor under eighteen (18) years of age, Participant’s adult parent(s) and/or legal guardian(s) (collectively, with Participant’s guests, invitees, heirs, legal representatives, personal representatives, successors and assigns, the “Releasors”), in consideration of and for the benefit of Dillon Baker Golf, LLC, an Iowa limited liability company (the “Academy Operator”), and its owners, members, directors, officers, employees, agents, volunteers, affiliates, subsidiaries, successors
and assigns, attorneys and accounts (collectively, the “Released Parties”). This Agreement governs Participant’s and Participant’s guests, invitees and all other associated parties’ participation in any activities, leagues, programs, events & coaching (the “Activities”) hosted by the Academy Operator at “Dillon Baker Academy Golf Studio”, an indoor sports facility located at 165 Highway 965, Suite 6, North Liberty, IA 52317 or "Pleasant Valley Golf Course" located at 4390 Sand Road SE, Iowa City, IA 52240 (the “Academy). By signing this Agreement, Participant, Participant’s adult parent(s) and/or legal guardian(s) and all Releasors agree as follows:

1. Assumption of Risk.

Participant, together with the Releasors, acknowledges and understands that use of the Academy and Participant’s engagement in the Activities at the Academy are potentially dangerous and involve the inherent
risk of injury, both known and unknown, and Participant understands and acknowledges that Participant is agreeing to use the Academy, knowingly and voluntarily, with an express understanding of the potential risks involved. Participant knowingly and freely agrees to accept and assume full responsibility for all physical and non-physical risks, known or unknown, and injuries caused by, arising out of or related to Participant’s use of the Academy in any way, including, but not limited to, injuries to Participant (irrespective of any negligence of Academy Operator) caused by thrown or hit balls or from use of exercise equipment; (b) collisions with other participants or objects while engaging in the Activities; (c) slips, trips, falls and other physical impacts; (d) use of the Academy and the Academy's equipment, which may malfunction or fail; (e) weather-related hazards, including heat or cold exposure; and (f) exposure to illness or diseases, including, without limitation, COVID-19, influenza and other communicable conditions, resulting from the actions, actions, omissions or negligence of Participant, other participants, Academy staff or third parties. BY SIGNING THIS AGREEMENT, PARTICIPANT ACCEPTS, UNDERSTANDS, ASSUMES, KNOWINGLY AND VOLUNTARILY, AND CONVEYS ITS EXPRESS INTENTION TO ASSUME ALL RISKS ASSOCIATED WITH ENGAGEMENT IN THE ACTIVITIES, INCLUDING THE POSSIBILITY OF SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, PROPERTY DAMAGE OR WRONGFUL DEATH. PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT THESE RISKS MAY ARISE FROM PARTICIPANT’S OWN ACTIONS, THE ACTIONS OF OTHERS, INCLUDING, BUT NOT LIMITED TO, OTHER PARTICIPANTS, THE ACADEMY OPERATOR,
ACADEMY STAFF OR THE CONDITION OF THE FACILITY.

2. Release and Waiver.

In consideration of being permitted to participate in the Activities, Participant, on behalf of themselves and the Releasors, expressly and voluntarily releases, waives and forever discharges the Academy Operator and the Released Parties from all liability, claims, demands, actions or causes of action, to the fullest extent permitted by law, whether known or unknown, arising from or related to Participant’s engagement in the Activities or presence at the
Academy. This Agreement and the release and waiver hereunder includes, without limitation, claims based on negligence, gross negligence or strict liability of the Released Parties. Without limiting the foregoing, this Agreement applies to all of the following claims: (a) physical or non-physical injuries, including personal injury, illness, pain, suffering, temporary or
permanent disability, or death; (b) property damage or theft; (c) medical expenses; (d) economic loss; and (e) all other consequential damages arising out of or attributable to the Participant’s use of the Academy or engagement in related Activities, irrespective of any alleged negligence by the Released Parties. Participant, together with the Releasors, covenants not to make or bring any claim or cause of action against the Released Parties and agrees to forever discharge the Released Parties from liability for all present and future claims. This Agreement is binding upon and inures to the benefit of the Releasors and any party related to or associated with Participant, whether by law or otherwise, who may assert claims arising out of or related to the Participant’s use of the Academy or participation in the Activities.

3. Indemnification.

Participant, on behalf of the Releasors, covenants not to initiate or bring any claim or cause of action of any kind against the Academy, the Academy Operator or the Released Parties. Participant further agrees to defend,
indemnify and hold the Released Parties harmless from and against any and all claims, causes of action, losses, liabilities, damages, injuries, costs, expenses or penalties of any kind (including reasonable attorneys’ fees and enforcement costs), arising out of or related to any third-party claims connected to Participant’s use of the Academy or engagement in the Activities. This indemnification applies to all claims, regardless of whether they arise from the negligence of any Released Parties, and extends to claims resulting from Participant’s own actions. Participant acknowledges that the Academy Operator
is relying on this Agreement in allowing Participant to use the Academy and participate in the Activities, and Participant agrees to reimburse the Released Parties, upon demand, for any payments made in connection with claims or liabilities for which the Released Parties are entitled to indemnification under this Agreement.

4. Compliance.

Participant and all Releasors acknowledge and agree to comply with all rules, regulations, policies and guidelines governing the use of the Academy and participation in the Activities (the “Academy Use Rules and Regulations”), as set forth in the Academy Use Agreement. If Participant fails, refuses or is unwilling to comply with the Academy Use Rules and Regulations, or if any unusual or significant concern is observed by the Academy Operator or
Academy staff during Participant’s use of the Academy or participation in the Activities, Participant may be removed from the Academy, either temporarily or permanently. Participant, on behalf of the Releasors, voluntarily releases and forever discharges the Released Parties hereunder from any and all claims, actions, damages or liabilities (including attorneys’ fees), arising from or related to Participant’s conduct, failure to act or disregard of the Academy Use Rules and Regulations.

5. Medical Condition and Authorization.

Participant, on behalf of the Releasors, represents and warrants that
Participant is in good health and physical condition, with no medical conditions, injuries, ailments or symptoms that would impair Participant’s ability to use the Academy or participate in the Activities. If Participant is injured or otherwise requires medical attention at any point while using the Academy or participating in the Activities, Participant or the applicable Releasor consent to any medical treatment deemed necessary by any Released Party. Participant and the Releasors acknowledge and agree to be solely responsible for all costs related to such medical treatment, including medical transportation or evaluation, and releases, holds harmless and forever discharges the Academy Operator and the Released Parties from any liability for all claims, present or future, arising under this Section.

6.Photo & Media Release - 

Participants and all Releasors herby consent that any photographs and/or motion pictures or videotapes in which the participant appears, and any audio recordings are made of thier voice may be used by the Academy in whatever they desire, including television and electronic media; furthermore, the participant hereby consent that such photographs, films, and recordings, and the plates and/ or tapes, from which are made shall be their property and they shall have the right to sell, duplicate, reproduce, and make other uses of such photographs, films, recordings, plates and tapes as they desire free and clear of any claim whatsoever on the part of the Academy. 

7. Miscellaneous.

This Agreement constitutes the sole and entire agreement between the parties concerning its subject matter herein and supersedes all prior or contemporaneous oral or written agreements. This Agreement shall be
governed by and construed in accordance with the internal laws of the State of Iowa, without regard to any choice or conflict of law rules (whether the State of Iowa or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Iowa. Any legal suit, action or proceeding arising out of or related to this Agreement may be brought in the federal or state courts located in the city of North Liberty and county of Johnson, Iowa, to which both parties irrevocably submit. If any provision is found invalid or unenforceable, the remaining provisions shall remain
in effect. This Agreement binds and benefits the parties and their respective heirs, successors, and assigns. Neither Participant nor any of the Releasors may assign their rights or obligations without the prior written consent of the Academy Operator. This Agreement may be executed in counterparts, each deemed an original, and a signed copy delivered
electronically shall have the same legal effect as an original. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement binds and benefits the parties and their respective heirs, successors and assigns. Participant and any Releasors may not assign their rights or obligations
under this Agreement without the prior written consent of the Academy Operator. This Agreement may be executed in counterparts, each of which shall be deemed an original, and an electronically delivered signed copy shall have the same legal effect as an original.

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ACKNOWLEDGEMENT

BY SIGNING, I ACKNOWLEDGE AND CONFIRM THAT I AM AT LEAST EIGHTEEN (18) YEARS OLD, HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM KNOWINGLY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CERTAIN LEGAL ACTION. I ACKNOWLEDGE HAVING HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY BEFORE SIGNING AND AM SIGNING THIS AGREEMENT VOLUNTARILY AND WITHOUT COERCION.

If under the age of 18 you must have a parent or legal guardian sign this waiver before you may participate in any activities with the club or in the event named herein.

By signing this Agreement, I certify that I am the adult parent and/or legal guardian of Participant, a minor, with the legal right and
authority to consent to this Agreement. I acknowledge that I have read and understood this Agreement and knowingly and
voluntarily consent to its terms on behalf of myself, Participant and the Releasors, and I hereby agree to be legally bound by it.