FULL SWING GOLF SIMULATOR

USER AGREEMENT AND WAIVER

This User Agreement and Waiver (“Agreement”) is entered into between STAK Space LLC (“Provider”), and the individual user (“User”) identified by their electronic signature below.

1. ACCEPTANCE OF TERMS

By electronically signing this Agreement through our mobile application, User acknowledges that they have read, understood, and agree to be bound by all terms and conditions contained herein. This Agreement constitutes a legally binding contract between User and Provider.

2. AUTHORIZED USERS

This Agreement applies to the following individuals (“Authorized Users”):

·         STAK Members in good standing;

·         Residential tenants of the building who are active STAK members in good standing; and

·         Their registered guests, provided such guests:

o   Are accompanied by the host User at all times; and

o   Have signed a separate Guest User Agreement and Waiver prior to use.

Unauthorized individuals are strictly prohibited from using the simulator.

3. SIMULATOR USAGE

3.1 Reservation and Fees

• User agrees to pay all fees associated with the reservation and use of the Full Swing Golf Simulator.
• Cancellations must be made at least 24 hours in advance to receive a full refund.
• No-shows or late cancellations will be charged the full reservation fee.
• Continuing the use of the simulator space beyond reserved time without proper booking or payment will result in an automatic charge for the additional time at the standard rate.

3.2 Permitted Use

• User agrees to use the Full Swing Golf Simulator equipment only for recreational purposes and in accordance with all instructions provided.
• User shall not attempt to modify, repair, or tamper with any part of the simulator equipment.
• Food and beverages are prohibited in the simulator bay area, except for water in closed containers.

3.3 Access Restrictions

• Users under 18 are not permitted.
• User’s access is limited to their reserved time slot.
• Sessions begin and end promptly at scheduled times.
• User is responsible for ending their session on time.

4. CONDUCT AND SAFETY

4.1 User Conduct

• User shall conduct themselves in a respectful manner at all times.
• Inappropriate behavior, language, or actions that disturb other users is prohibited.
• Provider reserves the right to terminate any session for inappropriate conduct without refund.
• All golf simulation equipment remains the exclusive property of the Provider and must remain within the designated golf bays. Removal of any equipment from these areas requires explicit prior authorization from management and can incur fees at the Provider’s discretion.

4.2 Safety Precautions

• User must ensure adequate clearance when swinging golf clubs.
• User must inspect equipment before use and immediately report any equipment malfunction or safety concerns to staff.
• In emergencies, call 911 or contact building security.

5. ASSUMPTION OF RISK AND WAIVER OF LIABILITY

5.1 Acknowledgment of Risk

• User acknowledges that participation in golf simulator activities involves inherent risks of physical injury.
• User represents and warrants that they have consulted with a physician and received approval for participation in this physical activity. User shall refrain from such use or participation unless approved by their physician.
• User agrees to cease participation and notify staff if they experience any physical distress.
• User voluntarily assumes all risks associated with using the Full Swing Golf Simulator.

5.2 Waiver and Release of Liability

To the fullest extent permitted by law, User waives and releases STAK Space LLCe, its employees, agents, contractors, affiliates, and 19 Bway Tower Development LLC, its employees, agents, contractors, affiliates (collectively, the “STAK Parties”) arising from all claims, damages, and liabilities from User’s use of the simulator. This waiver includes claims based on negligence, breach of contract, and any other legal theory. User acknowledges and agrees that the STAK Parties  will not be subject to any liability related to inability to provide the simulator services, nor will such failure affect the validity of this Agreement. The aggregate monetary liability of the STAK Parties to User for any reason and for all causes of action will not exceed the total fees paid by User to Provider in the twelve (12) months prior to the claim arising. The STAK Parties will not be liable under any cause of action for any indirect, special, incidental, exemplary, punitive or consequential damages, including for any lost profits, lost data, personal injury or property damage, arising from User’s use of the simulator or services, even if the STAK Parties is aware or has been advised of the possibility of such damages.

5.3 Insurance Notice

·         User understands and agrees that Provider’s insurance, if any, does not extend to cover personal injuries, medical expenses, or property loss suffered by User or their registered guests while using the golf simulator. Users are encouraged to carry personal health or renters insurance for coverage of such risks.

6. PROPERTY DAMAGE AND INDEMNIFICATION

6.1 Responsibility for Damage

• User is financially responsible for any damage to equipment, facilities, or property caused by their or their registered guests’ negligence or willful misconduct.
• User agrees to promptly report any damage caused during their session.

6.2 Indemnification

You agree to indemnify, defend, and hold harmless the STAK Parties from and against any and all claims, liabilities, damages, losses, and expenses including reasonable attorneys’ fees, arising out of or related to:

·         Your breach of this Agreement;

·         The actions or omissions of you, your Authorized Users in connection with the use of the Golf Simulator or while accessing the  Common Areas, Shared Facilities or Premises;

·         Any damage to the simulator, equipment or any surrounding Common Areas, Shared Facilities or Premises in connection with the use of the Golf Simulator caused by you or your Authorized Users.

You are responsible for the conduct and all resulting damages or liabilities caused by any individual you invite or bring into the premises. You may not enter into any settlement involving any of the STAK Parties without their prior written consent. The STAK Parties shall not be liable for any settlement made without such consent.

7. PRIVACY AND DATA COLLECTION

7.1 Data Collection Consent

• User consents to the collection and processing of personal information necessary for reservation management and service provision.
• User’s swing data and performance metrics may be collected and stored for User’s future reference.

8. INTELLECTUAL PROPERTY

8.1 Ownership Rights

• All content, technology, and intellectual property related to the Full Swing Golf Simulator remain the exclusive property of Full Swing Golf and/or Provider.
• User acquires no ownership rights to any content, software, or intellectual property through use of the simulator.

8.2 Recording Restrictions

• User may take personal photos or videos of their own session.
• Commercial recording or broadcasting of simulator sessions is prohibited without prior written consent from Provider.

9. TERM AND TERMINATION

9.1 Term

• This Agreement remains in effect for as long as User continues to use the Full Swing Golf Simulator services.

9.2 Termination

• Provider may suspend or revoke access for any violation, with or without prior notice.
• Upon termination, User must promptly remove any personal property.

10. GUEST ACCESS

10.1 Registered Guests Only

·         Guests must be registered through STAK’s booking or access system.

·         Guests must be accompanied by their host User at all times.

10.2 Guest Waiver Requirement

·         Guests must sign a separate Guest User Agreement and Waiver before using the simulator.

10.3 Responsibility for Guests

·         The primary User assumes full responsibility for any damages and liability caused by their guests.

·         Violations by guests may result in revocation of the User’s access privileges.

11. MISCELLANEOUS PROVISIONS

11.1 Severable Provisions

• Each provision of this Agreement shall be considered separable. To the extent that any provision of this Agreement is prohibited, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law.

11.2 Governing Law

• This Agreement and the transactions contemplated hereby shall be governed by and construed under the law of the State of California without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods or California’s or any other implementation of the Uniform Computer Information Transactions Act.

11.3 Entire Agreement

• This Agreement constitutes the entire understanding between the parties regarding the subject matter herein.

11.4 Disclaimer of Warranties

EXCEPT AS PROVIDED HEREIN, PROVIDER IS PROVIDING ITS SIMULATOR AND SERVICES TO USER “AS IS,” AND PROVIDER DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SIMULATOR AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SIMULATOR OR SERVICES WILL MEET USER’S REQUIREMENTS OR THAT THE SIMULATOR MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR USER’S INTENDED USE.

11.5 Survival

The provision of Section 5 (Assumption of Risk and Waiver of Liability), 6 (Indemnification), and this Section 11 shall survive the termination or expiration of this Agreement.

ELECTRONIC SIGNATURE

By checking the box and clicking “I Agree” below, User acknowledges that they have read, understood, and agree to be bound by all terms and conditions in this Agreement. User further acknowledges that this electronic signature constitutes a legally binding signature.

□ I have read and agree to the terms and conditions of this Agreement.

Full Name: ________________________ Date: ____________________________

[I AGREE] BUTTON