JARRETY’S LLC  

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RELEASE AND WAIVER OF LIABILITY,  

ASSUMPTION OF THE RISK, AND INDEMNITY  

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RELEASE AND WAIVER OF LIABILITY: I, for myself, my heirs, next of kin, personal  representatives and assigns, hereby release, waive, discharge, and covenant not to sue Jarrety’s LLC, the  owners of Jarrety’s LLC, the agents of Jarrety’s LLC, and any Jarrety’s LLC employees, from all liability,  loss, claims, demands, possible causes of action, court costs, attorneys’ fees and other expenses arising  from any lawsuit that may otherwise accrue from any loss, damage or injury (including death) to my  person or property in any way resulting from, or arising in connection with, or related to, use of Jarrety’s  LLC’s building, golf simulator, and related equipment, or while upon, entering or departing from said  premises, from any cause whatsoever included, without limitation, the failure of anyone to enforce rules  and regulations, failure to make inspections, or the negligence of other persons, specifically including the  negligence of Jarrety’s LLC, the owners of Jarrety’s LLC, the agents of Jarrety’s LLC, and any Jarrety’s  LLC employees. 

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ASSUMPTION OF RISK: I know the risk and danger to myself and property, both from known risk  and unanticipated risk, while utilizing Jarrety’s LLC’s building, golf simulator, and related equipment, and I do so willingly, voluntarily and in reliance, not upon the property, equipment, facilities, and existing  conditions furnished by others, including Jarrety’s LLC, the owners of Jarrety’s LLC, the agents of  Jarrety’s LLC, and any Jarrety’s LLC employees, but upon my own judgment and ability, and I thereby  assume all risk of loss, damage, or injury (including death) to myself and my property from any cause  whatsoever and whether or not attributable to the negligence of others, specifically including the  negligence of Jarrety’s LLC, the owners of Jarrety’s LLC, the agents of Jarrety’s LLC, and any Jarrety’s  LLC employees.  

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INDEMNITY: I hereby agree to indemnify and hold harmless Jarrety’s LLC, the owners of Jarrety’s  LLC, the agents of Jarrety’s LLC, and any Jarrety’s LLC employees from loss, liability, damage, or cost  they may incur due to my presence in Jarrety’s LLC’s building and my use of Jarrety’s LLC’s golf  simulator and related equipment, whether caused by the negligence of Jarrety’s LLC, the owners of  Jarrety’s LLC, the agents of Jarrety’s LLC, or any Jarrety’s LLC employees.  

It is also reasonably foreseeable that my negligent or reckless use or intentional misuse of Jarrety’s  LLC’s building, golf simulator, and related equipment will result in damage thereto. Accordingly, I  agree that I will be personally liable for any and all damage to Jarrety’s LLC’s building, golf  simulator, and related equipment caused by my negligent, reckless, or intentional actions. 

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I recognize the physical exertion involved in the use of Jarrety’s LLC’s building, golf simulator, and  related equipment, and attest and certify that I am physically fit to participate safely, and I have not  been advised otherwise by a healthcare professional.