RELEASE OF LIABILITY AND ASSUMPTION OF RISK

In consideration for being allowed access to the Premises (as defined below) and to participate in virtual golf and the other recreational activities, whether currently available or as may be available in the future (the "Activities"), that are provided by Virtual Tee Systems Michigan, LLC, a Michigan limited liability company doing business as The Bays at Owosso (the "Company"), located at 1484 M-52, Owosso, MI 48867 (the "Premises"), the individual named below (referred to as "I" or "me") agrees to all the terms and conditions set forth in this instrument (this "Release").

1. I represent that I am voluntarily participating in the Activities, and I am physically fit to do so. I understand it is my responsibility to consult a physician before engaging in the Activities. I understand that physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the risks of participating in the Activities range from minor injuries, such as scratches, bruises and sprains to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, to catastrophic injuries including paralysis and death.
2. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
3. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, successors, and assigns (collectively, "Releasees"), arising out of or attributable to the Activities, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise, and whether I or my guests were performing the Activities. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims that Michigan law does not permit to be released by agreement.
4. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this Release, incurred by the Company or any other Releasees, arising out of or resulting from any claim of a third party related to the Activities, including any claim related to my own negligence or the ordinary negligence of the Company, and whether I or my guests were performing the Activities.
5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.
6. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Shiawassee County, Michigan and I hereby consent to the exclusive jurisdiction of such courts.
7. If the person named below is under 18 years of age, I am that person's parent or legal guardian, I have the authority to sign this Release on their behalf, and I agree to this Release both on my own behalf and on behalf of that minor. Every reference in this Release to "I" or "me" applies to the minor and to me alike, including the waiver, release and indemnity above.

BY CLICKING ACCEPT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST 18 YEARS OF AGE (OR MY PARENT OR LEGAL GUARDIAN IS AT LEAST 18 YEARS OF AGE) AND FULLY COMPETENT.

MEMBERSHIP TERMS OF USE

These Membership Terms of Use are entered into between you and Virtual Tee Systems Michigan, LLC dba The Bays at Owosso ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to, and membership in, the activities and services available at 1484 M-52, Owosso, MI 48867 (the "Facility").

Please read the Terms of Use carefully before you visit the Facility. By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use the Facility.

Changes to the Terms of Use

We may revise and update the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Facility thereafter. Your continued use of the Facility following the posting of revised Terms of Use means that you accept and agree to the changes.

Membership Tiers and Term

Memberships are offered in the following tiers:

The price shown is the total for the full term of your membership (the "Term") and is payable in advance, in one payment, at sign up. Membership is personal to you and it may not be sold, assigned, shared, or otherwise transferred (in each instance, except as explicitly allowed under the Family Tier).

What Membership Includes

Membership includes:

• Access to the Facility from 5:00 a.m. to midnight, Eastern Time, during any period (each, a "Bay Time") you have reserved use of a single indoor golf simulator station at the Facility (each, a "Bay") through our online booking platform, available at book.thebaysofowosso.com (the "Booking System").
• Use of the Booking System to reserve Bay Time up to 14-21 days in advance, depending on your membership.
• A maximum of 4 hours of reserved Bay Time in any one calendar day.
• Use of the simulator equipment, mats, and screens, and any clubs or balls the Facility makes available for member use.
• Master Membership only: Bay Time at no hourly service fee.
• An invitation to Social Tee Time events and to any league play the Facility runs. League entry fees, if any, are charged separately.

Membership does not reserve a particular Bay and does not guarantee that any particular time will be available.

Fees and Payment

The Membership fee is payable in full at sign up, through our online store. Single and Family Members pay a service fee of $10.00 per hour of Bay Time, charged when the reservation is made. Master Members are not charged an hourly service fee. Guest passes are $50.00 per guest per visit, payable when the reservation is made. We may change the hourly service fee and guest pass fee at any time. All fees are in United States dollars and do not include applicable taxes.

Term, Renewal, and Cancellation

Your Membership renews automatically at the end of each Term (each, a "Renewal Date") for an equal Term at the then current price, unless you cancel your Membership prior to such Renewal Date. Except as otherwise set forth herein, the Membership fee is not refundable, and the Term cannot be ended early.

Facility Access and Door Codes

The Facility is not staffed at all hours. Entry is by a door code issued to you for each reservation. Your door code is sent to you about ten minutes before your reserved start time, by email and, if you have enabled it, push notification. Your door code is personal to you. You must not share the door code, write it where others can see it, or let anyone enter the Facility using the door code other than yourself and guests who are with you. Sharing a door code is a material breach of the Terms of Use.

You must not prop, block, or otherwise interfere with the operation of any door, lock, or alarm at the Facility. The Facility is under video surveillance at all times. You are responsible for securing the Facility when you leave — lights off, doors closed and latched, and equipment shut down as posted.

Booking, Cancellation, and No-Shows

All Bay Time must be booked in advance through the Booking System. Entry without a reservation is not permitted.

You may cancel a reservation 24 hours before your scheduled Bay Time, and you will receive a credit for future bookings equivalent to the booking fees paid. Within 24 hours of the start time, a reservation cannot be cancelled, and you forfeit any fee charged for it. If you fail to attend three reserved sessions in a rolling 90-day period without cancelling, we may restrict your booking privileges.

You may hold two future reservations at any one time.

Guests

You may bring up to 3 guests per reservation, subject to a guest pass fee for each visit for each guest. Every guest must sign the Release of Liability and Assumption of Risk before entering. A guest under 18 must have it signed by their own parent or legal guardian.

You must be present at the Facility for the whole of your guest's visit. You may not send a guest in your place. You are responsible for your guest's conduct and for any damage they cause.

Family Membership and Minors

A Family Membership covers the two adults named on the account and their dependent children (maximum 4) under the age of 18 living at the same address.

The adult who accepts the Terms of Use does so on behalf of every person the Terms of Use covers, and such adult is responsible for their compliance with the Terms of Use.

A person under the age of 16 must be accompanied and directly supervised by a covered adult at all times while at the Facility. A person aged 16 or 17 may use the Facility unaccompanied by an adult only with the written consent of a parent or guardian on file.

Door codes are not issued directly to members under 18.

Rules of Conduct

You agree to abide by the following rules of conduct at all times while in the Facility:

• Follow all posted rules and any instructions given by staff.
• Treat all persons with courtesy and respect. No behavior that is threatening, harassing, or that puts other members or the equipment at risk.
• Use equipment, simulators, furniture, and amenities carefully and only for their intended purposes. Do not move, modify, or tamper with simulator components, sensors, projectors, mats, tees, or protective screens.
• Observe golf etiquette and fair play. Do not distract or interfere with other bays or patrons.
• Keep Bays and common areas tidy. Dispose of trash in provided receptacles and report spills immediately.
• Wear clean, non-marking athletic shoes only. No metal spikes.
• Hit only white balls with no markings or logos on them.
• Do not hit into the screen from outside the marked hitting area.
• Outside food and non-alcoholic drinks are permitted.
• Possession, consumption, or being under the influence of alcohol, illicit drugs, or impairing substances is strictly prohibited.
• No smoking or vaping.
• No unsupervised children, no pets other than service animals, and no paid instruction by anyone other than an instructor approved by the Company.
• Leave the Bay as you found it, and return clubs and equipment to their place.
• You may not photograph, film, record, livestream, or otherwise capture images or audio of other patrons or staff without express consent and compliance with posted policies.
• Report any damage, malfunction, or hazard immediately through the Booking System or to (517) 308-9760.

Safety Rules

You must observe all posted safety signs and instructions, including the following:

• Only the active player may stand on the hitting mat. Before swinging, ensure the swing path is clear, and no person is within swing radius or ball flight path.
• All observers must remain at a safe distance and outside the hitting areas at all times.
• No running, roughhousing, trick shots toward non-screen surfaces, or throwing clubs.
• Always aim toward the impact screen. Never aim at walls, ceilings, lights, or equipment. Do not hit multiple balls simultaneously.
• Each Bay is limited to 6 persons.
• Adhere to all on-screen prompts and posted bay-specific rules, including swing calibration instructions.

Equipment, Damage, and Loss

Use the equipment only as it is intended and as posted.

You are responsible for the cost of repairing or replacing anything you or your guests damage, other than through normal wear and tear. We may assess reasonable repair or replacement costs and charge your account or on-file payment method.

We are not responsible for personal property that you bring to the Facility, whether it is lost, stolen, or damaged.

Suspension and Termination

We may suspend or end your Membership immediately for any violation of the Terms of Use. If we end your Membership for a violation of the Terms of Use, no part of the Membership fee will be refunded, and the remainder of the then current Term will be terminated.

We may end your Membership without cause with 30 days' prior written notice, in which case we will refund the unused part of your Membership fee, prorated monthly.

When your Membership ends, your access stops immediately and any future reservations are cancelled.

Refunds

Yearly Membership fees are not refundable except where expressly stated otherwise in the Terms of Use.

Refunds, where due, are issued within 15 business days. Any applicable fee will be charged to the customer.

Closure and Interruptions

The Facility may close for maintenance, repair, private events, or for reasons outside of our control. If a Bay is not available for a reservation you have made, we will credit your account for the hourly service fee and any guest pass fees paid for that reservation, for use on future bookings.

If the Facility is closed for more than 14 consecutive days for reasons within our control, we will extend your then current Term by the length of the closure.

Communications

The Booking System sends you messages that are necessary to use your Membership, including booking confirmations and door codes. You cannot opt out of receiving these kinds of communications while your Membership is active.

You must keep a current email address and phone number on your account. Door codes are sent to it, and we are not responsible if you cannot get in because your contact details are out of date.

Personal Information

We collect your name, contact details, payment record, booking history, and entry records. We use this information to run your Membership, issue door codes, and keep the Facility secure. We do not sell your personal information. Our privacy policy is available at thebaysofowosso.com/privacy.

Release of Liability and Assumption of Risk

You represent that you are voluntarily participating in the activities available at the Facility (the "Activities"), and you are physically fit to do so. You understand it is your responsibility to consult a physician before engaging in the Activities. You understand that physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. You understand that indoor simulated golf involves swinging clubs at speed in an enclosed space, close to other people and equipment. There is a real risk of injury. You understand that the risks of participating in the Activities range from minor injuries, such as scratches, bruises and sprains, to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, to catastrophic injuries including paralysis and death.

YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

You hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, successors, and assigns (collectively, "Releasees"), arising out of or attributable to the Activities, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise, and whether you or your guests were performing the Activities. You covenant not to make or bring any such claim against the Company or any other Releasee and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims that Michigan law does not permit to be released by agreement.

You shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this Release, incurred by the Company or any other Releasees, arising out of or resulting from any claim of a third party related to the Activities, including any claim related to your own negligence or the ordinary negligence of the Company, and whether you or your guests were performing the Activities.

You hereby consent to receive medical treatment deemed necessary if you are injured or require medical attention during your participation in the Activities. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. You hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.

BY CLICKING ACCEPT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. YOU ACKNOWLEDGE THAT PRIOR TO CLICKING ACCEPT OR AGREE, YOU HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. YOU ARE AT LEAST 18 YEARS OF AGE (OR YOUR PARENT OR LEGAL GUARDIAN IS AT LEAST 18 YEARS OF AGE) AND FULLY COMPETENT.

Governing Law and Disputes

All matters arising out of or relating to the Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under the Terms of Use may be brought only in the federal and state courts located in Shiawassee County, Michigan and you hereby consent to the exclusive jurisdiction of such courts.

Miscellaneous

The Terms of Use constitute the sole and entire agreement of the Company and you with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of the Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. The Terms of Use are binding on and shall inure to the benefit of the Company and you and our respective heirs, successors, and assigns. We may assign the Terms of Use without your prior written consent. You may not assign the Terms of Use without our prior written consent.