WAIVER AND RELEASE OF LIABILITY FOR THE PARAGOLFER/VERTACAT

THIS IS A RELEASE OF LIABILITY. PLEASE READ CAREFULLY BEFORE SIGNING.

IN CONSIDERATION OF the risk of injury that exists while participating in THE USE OF THE PARAGOLFER/VERTACAT AT HILLCREST GOLF COURSE FOR GOLF RELATED ACTIVITES OR STANDING THERAPY (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge ADAPTIVE GOLF PROGRAM, located at 696 Goldeneye, Durango, Colorado 81303, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIED OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S) NONTHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suites or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event I should require medical care or treatment, I authorize ADAPTIVE GOLF PROGRAM to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel.

I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the ADAPTIVE GOLF PROGRAM official or agent, regarding my approval to participate in the Activity.

I HEARBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE Adaptive Golf Program AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HHEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS ANS ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OFACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVVE TO BRING LEGALACTION AGAINST THE Adaptive Golf Program FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statue or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of the Adaptive Golf Program, its agents, and employees.

I agree that this Release shall be governed for all purposes by Colorado law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damages to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both NAME OF PARTICIPANT and the Adaptive Golf Program agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purpose for which it is entered into.

In the event that any provisions contained within this Release of Liability shall be deemed to be severable or invalid, or if any terms, conditions, phrases, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provisions of this agreement to be invalid or unenforceable, but that by limiting said provisions it would become valid and enforceable, then said provisions shall be deemed to be written, construed, and enforced as so limited.

I, UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSATND ITS CONTENT ANF THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILTY AND CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

PARENT/GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age) or is unable to consent, then this release must be signed by a parent or guardian, as follows:

I HEREBY CERTIFY that I am the parent or guardian of NAME OF PARTICIPANT AND/OR PARENT GUARDIAN HERE, named above, and do hereby give my consent without reservation to foregoing on behalf of this individual.

I have read the WAIVER OF LIABILITY AND RELEASE AGREEMENT FOR USE OF THE PARAGOLFER and I am authorized to give my consent to sign this document electronically.

Yes

ParaGolfer and VertaCat User Rules & Guidelines

• ParaGolfer andVertaCat users must always be accompanied by an individual who has read and understands the user's manual and has been certified to supervise the use of the ParaGolferandVertaCat
• For using the standing function, the user must always use all the belts on the P a r a Golfer and the VertaCat
• The max permissible additional weight for the ParaGolfer and the VertaCat is 300Ibs. - mass.This load must not be exceeded.
• The wheelchair operator panel must always be switched off when mounting and dismounting the ParaGolfer or the VertaCat.
• Do not allow loose objects (e.g., clothes, jewelry, etc.) to get in any movable components of the ParaGolfer or the VertaCat
• The standing function must only be used on ground with a max inclination angle of 30%. If your ball is on a hill and you can't use the standing function to hit your next shot, then you can place the ball on flatter ground without taking a penalty stroke.
• The max size of obstacles the ParaGolfer and the VertaCat can cope with is 4-inches. Crossing over height differences exceeding 4" is not permitted. Driving over obstructions, such as steps or curbs is prohibited. You should always look for the flattest, smoothest path to reach your next play. If the cart path has a drop off, then you should avoid it when possible.
• Driving the ParaGolfer or VertaCat while in standing position is prohibited. You must always return the ParaGolfer and the VertaCat to the full seated position before driving.
• ParaGolfer and VertaCat users should take the least steep route possible and if their ball is located on a steep hill, then they are permitted to take a drop on flatter terrain without any penalty.
• Reduce speed when traveling downhill. To ensure safe downhill driving, the driving speed must be adapted to the degree of the incline (e.g., speed level 1) and adjusted accordingly between speeds 1-3.
• Recommended speed when traveling on flat terrain is between 2-4 and a max speed of 5 can only be used to maintain speed on steep terrain.
• Should any warning lights come on the ParaGolfer or the VertaCat, user should immediately drop the machine out of standing position and into a seated position, turn off the ParaGolfer or the VertaCat and refer to the manual or talk to a trained ParaGolfer or Vertacat instructor for further details.
• The ParaGolfer or VertaCat should never be pushed or dragged. If the ParaGolfer or VertaCat is not operational, then call for help.
• Personal adaptations to the ParaGolfer or the VertaCat are strictly prohibited.
• The use of cell phones while operating the ParaGolfer or VertaCat is prohibited unless
the vehicle is parked and powered down.
• Electromagnetic fields produced by the ParaGolfer and the VertaCatcan cause disruptions with heart devices, defibrillators, and other devices. Please refresh review the section in the user manual that covers this warning.

I agree to adhere to the usage guidelines listed above and will refer to the manual for other usage protocols.

Yes

Owner/Operator Release Form

Subject: Battery Powered Adaptive Cart Release Form

The undersigned, on behalf of itself, its owners, officers, directors, managers, employees, representatives and affiliates (hereinafter, collectively, "I," "Me," or "My") hereby acknowledge that I am the owner and operator of the battery powered, adaptive golf cart, hereinafter referred to as the "VertaCat." In consideration of certain matters, I agree to the release and indemnities herein to the benefit of Atinspo, LLC ("Atinspo").

1. Adaptive golf cart:
• Model: VertaCat
• Year: 2023

2. Representations:
• I represent and agree that I have been trained on the proper and safe operation, maintenance, and care of the VertaCat. The user manual with the proper safety and operating information is attached to this release form and will be provided with the delivery of each unit.
• I represent and agree that I will inspect the VertaCat upon receipt and that should there be any discrepancy with the unit that I will contact the manufacturer ot resolve any potential issues before operating the VertaCat.
• I represent and agree that I am properly licensed, if applicable, and insured to rent, loan, or permit others, whether My affiliates or third-party users (collectively, "End Users"), to operate the VertaCat.
• I represent and agree that I have proper protocols and policies in place to prevent the unauthorized, impaired, or improper use by End Users of the VertaCat.

3. Acknowledgement and Assumption of Risk: I fully understand and acknowledge that the use of the VertaCat involves certain risks and dangers, both known and unknown, inherent and extrinsic, which may result in, without limitation, property damage, serious bodily harm, or death. I voluntarily assume al risks associated with the use by End Users of the VertaCat, including but not limited to the risks of accidents, collisions, property damage, and personal injury, whether or not I have granted explicit or implied authorization to any End User to operate the VertaCat.

4. Release and Waiver of Liability: I hereby release, waive, and discharge Atinspo, LLC, its
owners, managers, officers, agents, representatives, employees, and affiliates (collectively, "Atinspo Parties") from any and all liabilities, claims, demands, actions, causes of action, costs, expenses, and damages, including reasonable attorney's fees, whether at law or equity (“Losses”), arising from or related to My or any End Users use of the VertaCat, including, but not limited to:
• Personal injury, bodily harm or death to any person resulting from the improper, unsafe, unauthorized, impaired, negligent, criminal, or other use of the VertaCat in any manner not intended or instructed by Atinspo (collectively, “Unauthorized Use”).
• Property damage or loss arising from the Unauthorized Use of the VertaCat. o Any accidents, collisions, or incidents involving the VertaCat while under the control or possession of Me or an End User.
• Any mechanical failures, malfunctions, or defects of the VertaCat arising, directly or indirectly, from any improper maintenance, failure to maintain, alterations, additions, removals, or replacements of parts or features not performed or authorized by Atinspo, improper use or storage, failure to repair, or other Unauthorized Use of the VertaCat.
• Any other unforeseen or unexpected events, actions, or omissions related to the use of the VertaCat by Me or an End User not under the direct control or supervision of Atinspo or covered by Atinspo’s warranty.

5. Indemnification: I agree to indemnify, defend, and hold the Atinspo Parties harmless from all Losses arising, directly or indirectly, from, or related to, (i) anything identified in Section 4 above, and (ii) any other Losses or costs arising from the possession, ownership, use, rental, or sale of the VertaCat, including, any taxes, fines, penalties, disposal fees, recycling fees, government licensing or permitting fees, utilities, improvements or capital expenditures for proper use, storage and maintenance, failure to comply with any laws, rules, regulations or orders, including, without limitation, under the Americans with Disabilities Act. This indemnification obligation shall survive the termination of this release form.

6. Governing Law and Jurisdiction: This release form shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflict of laws principles. Any disputes arising from or related to this release form shall be subject to the exclusive jurisdiction of the courts located in Saint Paul, Minnesota.

7. Entire Agreement; Modification: This release form constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, or representations. Any modifications to this release form must be in writing and signed by both parties.

I have carefully read and fully understand the contents of this release form. I am signing this release form voluntarily and without any coercion or duress.

OWNER/OPERATOR:

I have read the OWNER/OPERATOR RELEASE FORM and I am authorized to give my consent to sign this document electronically.

Yes