Waiver and Release of Liability

Last Updated: August 15, 2025

This Waiver and Release of Liability (the “Waiver”), the GOLFTEC Terms of Use, and the GOLFTEC Privacy Policy, all applicable Privacy Addendums, as well as all additional agreements and policies that may be applicable to specific Goods and Services (collectively, the “Terms”), govern your access to and use of
the GOLFTEC Goods and Services.

This Waiver is executed by the undersigned adult participant, their guests, or the parent/legal guardian of a participating minor (collectively, “Participant”), in favor of GOLFTEC Enterprises, LLC, its subsidiaries, affiliates, franchisees, and their respective directors, officers, employees, agents, and representatives (“GOLFTEC”).

In consideration for being allowed to access and use GOLFTEC’s facilities, services, and programs (“Services”), I agree as follows:

Assumption of Risk

I acknowledge that participation in golf instruction, physical activities, and use of GOLFTEC Services involves known and unknown risks, including but not limited to:

• Slips, trips, falls, equipment malfunctions, collisions, or other accidents;
• Exposure to illness, pandemics, or unforeseeable environmental conditions;
• Property damage, identity theft, or data breaches.

I understand that these risks may result in physical injury, mental distress, emotional suffering, death, or financial loss, and may be caused in whole or in part by GOLFTEC, other participants, or external events.

I voluntarily accept and assume all risks, whether known or unknown, associated with participation in the Services.

Waiver and Release of Liability

ON BEHALF OF PARTICIPANTS, I hereby:

• Waive and release any and all claims against GOLFTEC, including claims arising from negligence, use or misuse of the Services, failure to warn, equipment failure, or other acts or omissions;
• Covenant not to sue GOLFTEC for any injuries, damages, or losses suffered in connection with the Services;
• Expressly waive all rights under Section 1542 of the California Civil Code and any similar state laws, which state: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist…”

Grant of Rights and License

On behalf of Participants, I irrevocably grant GOLFTEC, its affiliates, successors, assigns, and their respective licensees, agencies (including advertising, promotional, and fulfillment) and all associated employees, officers, directors and agents the unrestricted, perpetual, worldwide right to use my (and my child’s) name image, likeness, appearance, voice and any materials created by or on behalf of GOLFTEC incorporating any of the foregoing (“Materials”) in any media or format now known or later developed.

This includes, without limitation, the rights to display, perform, exhibit, transmit, reproduce, distribute, transmit, broadcast, modify, adapt, create derivative works of, and otherwise exploit the Materials for any lawful purpose, including but not limited to advertising, marketing, publicity, promotion, packaging, and public relations for GOLFTEC and its affiliates, without additional consent or compensation to me.

Indemnification

I agree to defend, indemnify, and hold harmless GOLFTEC from and against any claims, liabilities, damages, losses, and expenses (including attorney’s fees) arising out of or related to:

• Participant’s participation in the Services;
• Participant’s breach of any terms or representations;
• Use or misuse of any GOLFTEC platforms or facilities;
• Third-party claims caused by Participant’s conduct.

Representations

• Participant is physically fit and capable of safely participating in the Services.
• Participant understands GOLFTEC does not provide medical advice or supervision.
• Participant agrees to withdraw myself or my child from activities if hazardous conditions arise.

Disclaimer of Warranties

PARTICIPANT IS ACCESSING AND USING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. NO GOLFTEC PARTY IS RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. NO GOLFTEC PARTY REPRESENTS OR WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, CONTENT, AND SERVICES ON THE SERVICES OR THE ERROR-FREE USE OF THE SERVICES. GOLFTEC IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, AND FREEDOM FROM A COMPUTER VIRUS, ERRORS OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO PARTICIPANT, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO PARTICIPANT, AND PARTICIPANT MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

IN NO EVENT WILL ANY GOLFTEC PARTY BE LIABLE TO PARTICPANT OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA, DIMINUTION IN VALUE OF ASSETS, SECURITIES OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO PARTICIPANT’S ACCESS TO OR USE OF THE SERVICES, PARTICIPANT’S OR ANY ADDITIONAL STUDENT’S INABILITY TO USE OR MALFUNCTIONS OF THE SERVICES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE GOLFTEC PARTIES (TAKEN TOGETHER) TO PARTICPANT AND ANY ADDITIONAL GUESTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE ORDER, RECEIPT, PROVISION OR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE ARISING UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AMOUNT PARTICIPANT HAD PAID TO GOLFTEC FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; AND (II) $200. THE LIMITATIONS, EXCLUSIONS, INDEMNIFICATIONS AND DISCLAIMERS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Consent for Minor Participants (if applicable)

If signing on behalf of a minor child, I certify that I am the legal parent or guardian, and I grant permission for the minor to participate. I agree to the terms above on the child’s behalf, including the assumption of risk and release of liability.

Governing Law

This Waiver is governed by the laws of the State of Colorado. Any disputes shall be resolved in the courts located in Arapahoe County, Colorado.

Acknowledgment

I HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND RELEASE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

GOLFTEC Pricing and Promotions

Promotional pricing and products may vary based on location.

Service Activation and Lifespan

GOLFTEC offers several time-based services that have a limited lifespan. The lifespan for a Swing Evaluation, Club Fitting, Lesson Pack or Game Plan begins on the date of purchase. Lesson Plans include an available number of lessons to be taken by you. Plan benefits will terminate after time ends.

Duration of Lessons, Club Fitting & Practice Services and Game Plans:

In Bay Practice

In-bay practice is limited to 90 minutes per week.

A week is defined as Sunday through Saturday.

GOLFTEC Sales and Use Tax Policy

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.

IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.

GOLFTEC COLLECTS SALES TAX in states where we have physical presence (or nexus), including Colorado. GOLFTEC also collects sales tax in Alabama, Arizona, California, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.

GOLFTEC DOES NOT COLLECT SALES TAX in any state NOT listed above because GOLFTEC is not required to collect sales or use tax in these states.

FOR OUR TAX-EXEMPT CUSTOMERS:
GOLFTEC DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.

Refunds

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.

Lesson Plans – Refunds on Lesson Plans are granted within 30 days from the date of purchase. Refunds are prorated based upon: (i) lessons taken or days elapsed since purchase date (whichever is applicable); and (ii) less quantity or plan discounts given at time of purchase which shall no longer apply. There are no refunds given after 30 days from the date of purchase. Refund policies may vary based on location of purchase.

Golf Clubs – All purchases of golf clubs are final. Stock (not customized) golf clubs that are unopened and unused may be returned within 30 days from the date of purchase for a full refund less any applicable restocking fees. Golf clubs that are defective may be replaced or repaired at the option of GOLFTEC. No refunds will be given on golf clubs after 30 days from the date of purchase. Refund policies may vary based on the location of purchase.

Shop – GOLFTEC is committed to only providing the best equipment, apparel, and accessories on the market. When you purchase from us, you know that we have put the item to the test and feel like it contributes to our mission of helping people play better golf. In the event that you are not satisfied with your purchase, simply return it within 60 days of purchase for a full refund with receipt. To process a return, please contact our customer service team at shop@golftec.com. We will provide you with a return authorization and instructions. Please note that simulator packages are not eligible for a return.

Lesson Plan Pause

For any purchases made on/after Jan 1, 2022, GOLFTEC students have the ability to use a one-time pause on any Lesson Pack or Game Plan purchase. Using this service will re-adjust the end date of your Lesson Pack or Game Plan. There is no fee to use this service and can be used for a period of up to 60 days. The pause period ends after the 60 day period is over, or, if you take a lesson or practice before the 60 day pause period is over. GOLFTEC Students will have 72 hours to rescind their one-time pause. Swing Evaluation and Club Fitting services are not eligible for Lesson Plan Pause.

Lesson Plan Extension

In the case that a GOLFTEC Student needs more time to fully utilize the services included in their Game Plan or Lesson Pack purchase, we provide the option to purchase one of two Extension services:

• 30-Day Lesson Package Extension – $95
• 30-Day Game Plan Extension – $145

There is no limit to the amount of 30-Day Extensions that can be purchased, but they can only be purchased once per Lesson Pack or Game Plan. Lesson Plan Extensions are not eligible for a refund. Lesson Plan Extensions can be purchased within 12 months of expiration of the purchased plan/pack, starting on 1/1/22.

Cancellations / No Shows

GOLFTEC reserves the right to charge for any appointment scheduled that you either: (i) cancel within 24 hours of the time of the appointment; or (ii) if you do not show up to an appointment. Appointments can be canceled or rescheduled outside of 24 hours without charge.

Release

You assume all risks incidental to participating in lessons, practice, and other services, whether such activity is held inside or outside a GOLFTEC Training Center. You release GOLFTEC from all liability and represent that you are in good health, that you have no special physical needs or limitations, unless otherwise disclosed to GOLFTEC.
Questions about our policies may be directed to either your local Training Center or the nationwide call center at 877.4.GOLFTEC (877.446.5383).

Notice

GOLFTEC Enterprises, LLC’s affiliate, GOLFTEC Franchising, LLC, offers GOLFTEC franchises. As a result, policies may vary. You may have purchased your lesson program or improvement plan from an independently-owned and operated franchise. If you wish to find out whether the GOLFTEC Training Center at which you are visiting is a franchised-location or a corporate-owned location, contact our call center at 877.4.GOLFTEC (877.446.5383).

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