Your reservation holds a simulator bay specifically for you and may prevent another customer from booking that time. Please cancel or reschedule as early as possible. Cancellations made at least **24 hours in advance** may be cancelled without penalty. Cancellations made **12–24 hours in advance** may receive a one-time account credit when payment has already been collected. Cancellations made with **less than 12 hours’ notice** and no-shows may result in the full reservation charge or require prepayment for future bookings. Late arrivals will still end at the originally scheduled time. We understand that emergencies happen and may make reasonable exceptions when appropriate.

PAR365 VISITOR PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND FACILITY RULES ## BOOKING-PAGE NOTICE **Every golfer and non-playing guest must complete the PAR365 waiver before arrival. The person making the reservation cannot sign for another adult. Participants under 18 must have the waiver accepted by a parent or legal guardian.** **PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.** This Visitor Participation Agreement, Assumption of Risk, Release of Liability, and Facility Rules Agreement (“Agreement”) is entered into between the individual accepting this Agreement (“Participant”) and PAR365 LLC, including its owners, members, managers, employees, contractors, instructors, agents, landlords, affiliates, successors, and assigns, collectively referred to as “PAR365.” For purposes of this Agreement, “Participant” includes every golfer, player, spectator, guest, visitor, event attendee, or other person entering or using the PAR365 facility, whether or not that person participates in golf simulator play. ## 1. Eligibility and Authority to Accept I confirm that: * I am at least 18 years old and legally authorized to enter into this Agreement; or * I am the parent or legal guardian of a Participant under 18 years old and am accepting this Agreement on the minor Participant’s behalf. I understand that every golfer and non-playing guest must accept this Agreement before entering or participating at PAR365. A person making a reservation may not accept this Agreement on behalf of another adult unless legally authorized to do so. Each adult Participant must individually accept the Agreement through the online booking or waiver system. ## 2. Activities Covered This Agreement applies to all activities and conditions connected with PAR365, including: * Golf simulator play, practice, instruction, leagues, tournaments, competitions, and games; * Use of golf clubs, golf balls, tees, mats, screens, sensors, computers, televisions, and other equipment; * Private parties, corporate events, youth programs, community programs, food and beverage service, and social events; * Walking, standing, sitting, observing, or moving within the facility; * Entering and leaving the facility, waiting areas, simulator bays, event areas, restrooms, parking areas, and other spaces controlled or used by PAR365. ## 3. Acknowledgment of Risks I understand that golf simulator facilities involve inherent and other risks that may cause property damage, illness, serious bodily injury, disability, or death. These risks include, but are not limited to: * Being struck by a golf club, golf ball, equipment, furniture, or another object; * A club slipping from a Participant’s hands or breaking during a swing; * Golf balls ricocheting, rebounding, or leaving the intended hitting area; * Contact with walls, screens, ceilings, flooring, fixtures, simulator equipment, or other people; * Slips, trips, and falls caused by mats, flooring, cords, spilled beverages, equipment, personal belongings, or changes in floor elevation; * Muscle strains, sprains, joint injuries, repetitive-motion injuries, aggravation of existing medical conditions, or overexertion; * Equipment malfunction, software malfunction, electrical failure, lighting conditions, or interrupted simulator operation; * Improper equipment use, inadequate supervision, horseplay, reckless conduct, or failure to follow instructions; * Actions, errors, negligence, or misconduct of other Participants, guests, spectators, or third parties; * Food allergies, foodborne illness, adverse reactions, choking, burns, or other risks connected with food and beverage consumption; * Impaired judgment, coordination, or behavior caused by alcohol, cannabis, medication, fatigue, or other substances; * Exposure to contagious or communicable illnesses through contact with people, shared surfaces, or equipment; * Theft, loss, or damage involving personal items, vehicles, golf equipment, electronics, clothing, or other property; * Emergency response delays or the unavailability of immediate medical treatment. I understand that this list does not identify every possible risk. I voluntarily choose to enter or participate at PAR365 with knowledge that known and unexpected risks may exist. ## 4. Assumption of Risk To the fullest extent permitted by Minnesota law, I knowingly and voluntarily assume all inherent and reasonably foreseeable risks associated with entering, observing, or participating in activities at PAR365. I accept responsibility for evaluating my own physical condition, experience, coordination, and ability to safely participate. I will stop participating and notify PAR365 staff if I believe an activity, person, piece of equipment, or facility condition is unsafe. ## 5. Release and Waiver of Liability To the fullest extent permitted by Minnesota law, I release and agree not to sue PAR365 for claims arising from personal injury, illness, death, property damage, theft, or other loss resulting from: * The inherent risks of golf simulator and recreational activities; * My own actions or failure to act; * The actions or failure to act of another Participant or third party; or * The **ordinary negligence** of PAR365. This release does not apply to liability that cannot lawfully be waived, including liability resulting from gross negligence, willful or wanton misconduct, reckless conduct, or intentional misconduct. ## 6. Responsibility for Guests When I invite, supervise, or accompany another person at PAR365, I agree to: * Inform that person that an individual waiver is required; * Ensure that the person follows all PAR365 rules and staff instructions; * Not permit an adult to participate under my waiver; * Closely supervise minors for whom I am responsible; and * Immediately report unsafe behavior or conditions to PAR365 staff. The person who books or pays for a simulator bay remains responsible for the orderly use of the bay but does not replace the individual waiver requirement for each adult golfer or guest. ## 7. Golf Simulator Safety Rules I agree to follow these rules: 1. Only one person may be inside the designated swing area at a time. 2. No person may swing a club until everyone else is safely behind the golfer and outside the swing area. 3. Practice swings must be taken only within the designated swing area. 4. Golf balls may be hit only toward the simulator screen from the designated hitting position. 5. Only clean, undamaged golf balls approved for simulator use may be used. 6. Golf clubs must be clean and in safe condition. 7. Participants may not intentionally hit balls at ceilings, sidewalls, equipment, furniture, or people. 8. Food, beverages, bags, coats, and personal items must remain outside the swing and hitting areas. 9. Running, wrestling, throwing equipment, horseplay, and reckless behavior are prohibited. 10. Participants may not move, disconnect, strike, climb on, or tamper with simulator equipment. 11. Participants must immediately stop play when directed by PAR365 staff. 12. Any equipment damage, injury, spill, hazard, or unsafe condition must be reported immediately. 13. Participants must use equipment only for its intended purpose and according to staff instructions. 14. Children must remain under the direct supervision of a responsible parent, guardian, or authorized adult. 15. PAR365 may limit participation or require additional supervision when reasonably necessary for safety. ## 8. Alcohol, Cannabis, Medication, and Impairment I understand that swinging golf clubs while impaired creates an increased risk of injury and property damage. I agree that I will not participate when my judgment, balance, coordination, or ability to safely swing a club is materially impaired by alcohol, cannabis, medication, fatigue, illness, or another substance or condition. I will not provide alcohol to a minor or to any person who appears intoxicated. PAR365 may refuse service, stop play, remove a Participant, arrange transportation, or contact emergency services when PAR365 reasonably believes that a person is impaired, disruptive, threatening, or unsafe. Removal for impairment or unsafe conduct does not automatically entitle the Participant or booking party to a refund. ## 9. Health and Medical Responsibility I represent that I am physically and medically capable of safely participating or observing. I am responsible for considering any medical condition, injury, allergy, disability, pregnancy, medication, or other limitation that may affect my participation. PAR365 does not provide medical advice and does not guarantee that its activities are appropriate for any particular individual. ## 10. Emergency Medical Authorization If I become injured or ill and am unable to provide instructions, I authorize PAR365 to contact emergency medical services and provide reasonable assistance until professional help arrives. I understand that PAR365 is not required to provide medical treatment and that its staff may not have medical training. I am responsible for costs associated with ambulance transportation, emergency response, medical evaluation, treatment, hospitalization, or other care provided to me or to a minor for whom I am responsible. ## 11. Personal Property I am responsible for my golf clubs, electronics, clothing, bags, vehicles, and other personal property. PAR365 is not responsible for property that is lost, stolen, left unattended, misplaced, or damaged, except to the extent liability cannot legally be excluded. ## 12. Damage to PAR365 Property I accept financial responsibility for damage caused by my intentional, reckless, or negligent misuse of PAR365 property or equipment. This may include damage to: * Simulator screens and projectors; * Cameras, sensors, monitors, computers, and televisions; * Golf mats, flooring, furniture, walls, ceilings, and fixtures; * Rental golf clubs or other equipment; and * Property belonging to another Participant. PAR365 may charge the booking account or seek reimbursement for reasonable repair or replacement costs when permitted by the payment authorization and applicable law. Normal wear and tear and equipment failures not caused by a Participant are excluded. ## 13. Conduct and Removal PAR365 may refuse entry, suspend participation, stop play, or remove any person who: * Violates this Agreement or facility rules; * Acts in an unsafe, threatening, harassing, discriminatory, or disruptive manner; * Damages or misuses property; * Interferes with employees or other guests; * Appears materially impaired; or * Refuses to follow a reasonable staff instruction. Depending on the circumstances, removal may occur without a refund. PAR365 may also suspend or revoke booking, league, membership, or facility privileges. ## 14. Minors A parent or legal guardian must accept this Agreement for each Participant under 18 years old. As the parent or guardian, I: * Consent to the minor’s participation and presence at PAR365; * Confirm that I have authority to make decisions for the minor; * Acknowledge the risks described in this Agreement; * Agree to provide appropriate supervision; * Accept responsibility for the minor’s compliance with PAR365 rules; and * Authorize reasonable emergency assistance for the minor when necessary. A minor’s acceptance of an online waiver without parent or legal guardian authorization does not satisfy PAR365’s waiver requirement. ## 15. Indemnification To the fullest extent permitted by law, I agree to indemnify and hold PAR365 harmless from third-party claims, damages, liabilities, and reasonable costs arising from: * My intentional, reckless, or negligent conduct; * My violation of this Agreement; * My unauthorized acceptance of a waiver for another person; * Damage I cause to PAR365 property or another person’s property; or * Conduct by a minor whom I am legally responsible for supervising. This provision does not require me to indemnify PAR365 for conduct that Minnesota law does not permit PAR365 to release or transfer. ## 16. No Guarantee of Continuous Operation Simulator technology may occasionally experience software errors, connectivity interruptions, calibration issues, power failures, or equipment malfunctions. PAR365 does not guarantee uninterrupted operation, perfect shot tracking, exact simulator results, or continuous availability of a particular course, game, feature, or bay. Operational interruptions will be addressed under PAR365’s applicable booking, credit, and refund policies. ## 17. Severability If any portion of this Agreement is found invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law. Any invalid or overly broad provision will be interpreted or limited as necessary to make it enforceable rather than invalidating the entire Agreement. ## 18. Minnesota Law and Venue This Agreement is governed by Minnesota law. Any legal proceeding relating to this Agreement must be brought in a court with proper jurisdiction in the Minnesota county where the PAR365 facility is located, unless applicable law requires otherwise. ## 19. Continuing Effect Unless PAR365 requires a new waiver, this Agreement applies to the Participant’s current visit and future visits, reservations, events, leagues, programs, and activities at PAR365. PAR365 may require the Participant to accept an updated Agreement when policies, activities, ownership, insurance requirements, or applicable laws change. ## 20. Electronic Acceptance By checking the acceptance box, typing my name, selecting “I Agree,” signing electronically, or completing the booking process after being presented with this Agreement, I intend to electronically sign and be legally bound by this Agreement. I consent to receive and retain this Agreement electronically. I confirm that I have had the opportunity to read the complete Agreement before accepting it. ## 21. Acknowledgment **BY ACCEPTING BELOW, I CONFIRM THAT:** * I have carefully read and understand this Agreement; * I understand that it includes an assumption of risk and a release of certain legal claims; * I understand that the release includes claims arising from PAR365’s ordinary negligence; * I understand that the Agreement applies whether I am golfing or attending as a guest or spectator; * I am accepting voluntarily and have not relied on statements that conflict with this Agreement; * The information I provide is accurate; and * I intend for my electronic acceptance to have the same legal effect as a handwritten signature.

Member Terms: Member rates, discounts, and promotions apply only when the member is present. Membership benefits are non-transferable. Continue your membership into the summer for additional seasonal benefits, or cancel anytime. PAR365 reserves the right to modify membership benefits with advance notice. Silver Membership Specific Terms: The Weekly Early Bird Round is valid for the named member only. Weekly Early Bird Rounds must be completed Monday–Friday before 2:00 PM. To redeem your Weekly Early Bird Round, book one simulator bay for one hour online. Additional guests may join by reserving their own round (up to three guests total). Guests are welcome and pay the applicable weekday player rate ($15 per 9 holes for seniors or regular rate per 9 holes for non-seniors). Gold Memberships Specific Terms: Includes 4 off-peak simulator hours per month, valid Monday–Thursday anytime, Friday before 3:00 PM, and Sunday after 3:00 PM. Monthly Play Hours may be reserved in increments of up to 2 hours per visit. Membership hours apply to the simulator bay and may be shared with guests. Diamond Membership Specifc Terms: Includes 6 off-peak simulator hours and 2 peak simulator hours per month. Off-peak Play Hours are valid Monday–Thursday anytime, Friday before 3:00 PM, and Sunday after 3:00 PM. Peak Play Hours are valid Friday after 3:00 PM, all day Saturday, and Sunday before 3:00 PM. Off-peak Play Hours may be reserved in increments of up to 4 hours per visit. Peak Play Hours may be reserved in increments of up to 2 hours per visit.