TO: Transcend Golf Ltd. (“TGL”) and its affiliates and their respective shareholders, directors, officers, employees, contractors and agents (collectively, the “Releasees”)

In consideration for TGL allowing me and my invitees to attend its indoor recreational facility located at 2180 Dunwin Drive, Unit 4 Mississauga, Ontario and/or 2480 Homer Watson Blvd., B9 & B10, Kitchener, Ontario (the "Facility") and to participate in and/or observe the activities available at the Facility, which may include without limitation virtual golf simulation (the "Activities") and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I, on my behalf and on behalf of my heirs, executors, administrators, personal legal representatives, assigns and next of kin (collectively, my "Legal Representatives"), covenant and agree as follows:

ACKNOWLEDGMENT OF RISKS. I understand that there are risks and dangers, both known and unknown, in participating in and/or observing the Activities. A partial list of the risks and dangers include: slips, trips, falls and/or collisions; abrasions, contracting COVID-19 or another illness through coming into contact with or exposure to other people at the Facility. The said risks and dangers may be affected by a number of factors including, but not limited to; compliance with the Code of Conduct of TGL, as may be amended from time to time (the "Code of Conduct"); and the negligence or intentional acts or omissions of others including, but not limited to, other participants, observers or any of the Releasees.

I acknowledge that such risks and dangers may cause serious injury, illness or even death and that personal property which I or my invitees bring to the Facility can be lost, stolen or damaged and that the foregoing can occur by accident, through negligence or even intentionally.

ACKNOWLEDGMENT RE SELF-SUPERVISION. I acknowledge that the Facility is not supervised at all times and that I and my invitees will be participating in the Activities at the Facility at our own risk without staff supervision. I acknowledge that it is my responsibility to adhere to the Code of Conduct and to ensure that my invitees adhere the Code of Conduct.

ASSUMPTION OF RISK AND RESPONSIBILITY. My attendance and the attendance of my invitees at the Facility and our participation in and/or observance of the Activities is voluntary and I fully assume the risk of any personal injury, illness or death occurring to me and/or my invitees and the risk that any of my personal property or the personal property of my invitees is lost, stolen or damaged even if such injury, illness, death, loss or damage is caused by the negligence or willful acts or omissions of any of the Releasees or any other person and whether same occurs while participating in or observing the Activities or in any other area of the Facility (such as the entrances, exits or washrooms) or outside of the Facility (such as on the sidewalks or parking areas).

WAIVER AND RELEASE. I hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings (collectively, "Claims") which I, my invitees, or my Legal Representatives have or may in the future have against the Releasees (or any of them) and hereby release and forever discharge the Releasees (and each of them) from any and all Claims and liability for or in respect of any illness, infection, injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to my or my invitees participating in or observing the Activities or attending at the Facility, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.

INDEMNITY. In the event that: (a) I or my invitees cause or contribute in any way to the injury, illness or death of any person who is at the Facility or to the damage or loss of any property at the Facility, and/or (b) any Claims are made or brought against the Releasees (or any of them) in connection with any matter hereinbefore released; I shall indemnify and hold harmless the Releasees (and each of them) from and against any and all resulting or related Claims, liabilities, judgements, costs and/or expenses (including lawyer's fees and disbursements).

HEALTH AND SAFETY MATTERS. I have no illnesses, disabilities or other conditions that prevent me from safely participating in the Activities. If any such conditions arise in the future, I will consult with a physician before participating in any Activities. I acknowledge that the Code of Conduct has been designed in part to create a safe environment for participants and observers of the Activities. I will abide by such Code of Conduct at all times while at the Facility and understand that TGL has the right to suspend my participation in the Activities if it deems necessary.

GENERAL. This Release and Waiver shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (but without giving effect to any conflict of laws Code of Conduct). I agree that the Courts of Ontario shall have exclusive jurisdiction to entertain any legal proceeding based on any provisions of this Release and Waiver, and I irrevocably submit to the exclusive jurisdiction of the Courts of Ontario for such purposes. If any portion of this Release and Waiver is found to be illegal, invalid or unenforceable, the remaining portions shall remain in full force and effect. In this Release and Waiver, headings are for convenience of reference only and are not intended to be full or complete descriptions and words in the singular shall include the plural and vice versa. This Release and Waiver shall be binding upon myself and my Legal Representatives. This Release and Waiver shall apply to all visits to the Facility.


I have read and understand this Release and Waiver and agree that by signing it or by clicking “I ACCEPT” through TGL's online booking process, I am giving up certain legal rights that I may otherwise have. I confirm that I have the legal authority to provide this waiver on behalf of myself and that it is legally binding on me.

Further, I have read the Terms of Use and Code of Conduct in their entirety and fully understand their respective terms.

I acknowledge that I am signing this waiver or clicking “I ACCEPT” through TGL's online booking process freely and voluntarily and intend my signature or acceptance to be a complete waiver of claims and unconditional release of the Releasees from any and all liability in relation to any and all risks related to my participation in and observance of the Activities.