TERMS OF SERVICE

LAST UPDATED: September 1st, 2026

Transcend Golf Ltd. and Transcend Golf 2 Ltd., each a corporation duly incorporated pursuant to the laws of the Province of Ontario (collectively "TGL", "us", "we" or "our"), own and operate the website, www.transcendgolf.ca and mobile applications (collectively the "Site"), and provide indoor golf simulation and related experiences (the "Services") at their indoor golf simulation facilities located at various sites throughout Ontario, currently including: Unit 4, 2180 Dunwin Drive, Mississauga, Ontario; 2480 Homer Watson Boulevard, Units B9 and B10, Kitchener, Ontario; 56 Barrie View Drive, Unit 3, Barrie, Ontario; 1070 Rest Acres Road, Unit F3, Paris, Ontario; and 875 Highland Road West, Unit 105, Kitchener, Ontario (each, a "Facility" and collectively, the "Facilities").

These Terms of Service, together with the online booking terms, the Code of Conduct (Schedule A), waivers (substantially in the form set out in Schedule B), and any additional policies, notices, instructions, or materials provided by TGL from time to time or posted at any Facility (collectively, the "Terms"), form a binding agreement between TGL and each individual who accesses or uses the Site, and/or who accesses or uses any Facility, or the Services ("you" or "your").

These Terms govern your access to and use of the Site, the Facilities, and the Services.

We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms at any time. Your continued use of the Site, Services, or Facilities following any such changes constitutes your acceptance of those changes. The most current version of the Terms is available at https://www.transcendgolf.ca/terms, and it is your responsibility to review them periodically. If you access any of our social media pages, these Terms apply in addition to the terms and conditions governing those platforms.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE OR USING THE SERVICES OR ATTENDING A FACILITY.

By accessing our Site, clicking "I Accept", using any of the Services and/or attending a Facility, you agree to be bound by and abide by these Terms, as may be amended from time to time.

1. DEFINITIONS

In addition to any words or expressions defined parenthetically in the Terms, the following words or expressions shall, unless there is something in the subject matter or context inconsistent therewith, have the following meanings, respectively:

(a) "Fees" means all booking fees, costs, charges, and other amounts payable in connection with access to the Facilities and/or use of the Services, together with any applicable taxes and interest, if any, payable under these Terms.

(b) "Invitees" means any individual, other than the Responsible Party, who accesses or uses any Facility or Services pursuant to, or in connection with, a booking made by that Responsible Party.

(c) "Personal Information" Personal information is any information that identifies you, or by which your identity could be deduced. This may include information such as your name, address, phone number, email address, payment details (for example, your credit card information), transaction history and any other information you provide us.

(d) "Repair Costs" means all actual, reasonable, and documented costs incurred by TGL to repair, clean, recover, replace, or restore any damage to any Facility, equipment, or other property owned, leased, or controlled by TGL or its representatives, or any other person present at or within such Facility.

(e) "Responsible Party" means the individual who makes a booking for Services at a Facility and accepts these Terms in connection with such booking, and who is responsible for such booking in accordance with these Terms; and

(f) "Facility User" means collectively, the Responsible Party and that Responsible Party's Invitee(s).

2. ACCESS TO AND USE OF FACILITIES AND SERVICES

Each Facility User covenants and agrees to access and use the Facilities and all equipment made available therein in a safe, responsible, and lawful manner, to treat the Facilities and all equipment with due care, and not to damage, misuse, or interfere with any property, in each case in accordance with these Terms, including without limitation the Code of Conduct and all instructions, rules, policies, and signage issued by TGL from time to time or posted at the applicable Facility.

3. ADDITIONAL REPRESENTATIONS FOR FACILITY USERS

(a) RESPONSIBLE PARTY. By completing a booking and selecting "I ACCEPT", the Responsible Party hereby represents, warrants, covenants, and agrees as follows:

(i) the Responsible Party has read, understands, and agrees to be bound by these Terms and shall comply with these Terms, and shall ensure that all of its Invitees are made aware of and comply with these Terms;

(ii) the Responsible Party assumes full financial responsibility for the booking, including, without limitation, the payment of all Fees and Repair Costs arising from or attributable to the acts or omissions of the Responsible Party or any Invitee;

(iii) the Responsible Party has informed, or shall inform, all Invitees of these Terms prior to their access to or use of any Facility or Services;

(iv) the Responsible Party shall ensure that each Invitee has duly executed the applicable waiver, in the form required by TGL, prior to accessing any Facility or using any Services.

(v) the Responsible Party is the age of majority in Ontario.

(b) INVITEE ACKNOWLEDGMENT. Each Invitee acknowledges and agrees that, by entering any Facility and/or accessing or using any Services, such Invitee:

(i) has read, understands, and agrees to be bound by these Terms and shall comply with these Terms at all times; and

(ii) acknowledges that access to and use of the Facilities and Services is conditional upon acceptance of, and ongoing compliance with, these Terms, and that any failure to comply with these Terms may result in refusal of entry to, or immediate removal from, the applicable Facility without refund, for such Invitee and, where applicable, any other individuals associated with the same booking.

4. PRIVACY

(a) Collection of Personal Information. In connection with your access to the Site, booking of Services, an/or access to and use of any Facility, TGL may collect Personal Information provided by you or on your behalf, including information submitted through online bookings (including in respect of each Facility User).

(b) Use of Personal Information. TGL collects, uses, and discloses Personal Information for the purposes of: (i) providing and administering the Services; (ii) processing bookings and payments; (iii) communicating with you, including by email and SMS (with the ability to unsubscribe from promotional communications); (iv) improving and optimizing the Site and Services, including analytics and performance monitoring; (v) marketing and promotional activities, where permitted by applicable law; and (vi) other legitimate business purposes.

(c) Payment Processing. Payments are processed through third-party payment processors, including Square and/or Stripe. TGL does not store or have access to full payment card information. Such third parties are responsible for handling payment information in accordance with applicable security standards, including PCI DSS.

(d) Cookies. We may use cookies and similar technologies for collecting and storing information for marketing purposes. These technologies may be set and controlled by us or by our third-party service providers or advertising providers for marketing purposes. You can disable cookies completely, or be prompted prior to a cookie being loaded, by adjusting your browser's settings. Please note that disabling cookies may impair the functionality of the Site, either fully or in part, and may prevent you from accessing certain Services or the Site's features or applications.

(e) Disclosure of Personal Information. Personal information may be accessed by TGL's employees and contractors on a need-to-know basis and may be disclosed to third-party service providers supporting TGL's operations, including payment processors, hosting providers, and communication or analytics platforms. TGL may also disclose personal information where required or permitted by law or to protect its legal rights.

(f) Safeguards and Retention. TGL implements commercially reasonable administrative, technical, and physical safeguards to protect personal information. Personal information will be retained only as long as necessary for the purposes described herein or as required or permitted by law.

(g) Access and Deletion. You may request access to, correction of, or deletion of your Personal Information at any time. We may decline, redact, or restrict responses as required or permitted by law (for example, to protect others' privacy, security, legal privilege, or proprietary information), and we may retain certain information where we are legally required or permitted to do so. Deleted information may continue to exist temporarily in system backups before being permanently removed in accordance with our backup retention cycles. Deletion requests apply only to Personal Information in our possession or control. We cannot delete Personal Information already held by third parties but will forward deletion requests to them where appropriate, or as required by law or by our agreements with them. To submit a request, please contact us at info@transcendgolf.ca. We may request information to verify your identity and will respond within a reasonable timeframe.

(h) Third-Party Services. Where personal information is disclosed to third parties, its protection is subject to the practices of such third parties, which are outside TGL's control.

(i) Invitee Consent and Authority. Where the Responsible Party provides or submits Personal Information relating to any Invitee in connection with a booking, the Responsible Party represents and warrants that: (i) they have obtained all necessary consents, authorizations, and permissions from such Invitees for the collection, use, and disclosure of their personal information by TGL in accordance with these Terms; and (ii) they have the authority to provide such Invitee personal information to TGL for such purposes. The Responsible Party further agrees to indemnify and hold harmless TGL from any claim arising out of or in connection with any failure to obtain such consents or authorizations.

5. BOOKINGS, FEES AND CANCELLATIONS

(a) Bookings and Fees. In order to attend a Facility and access and/or use the Services, the Responsible Party will be required to complete the booking form on our Site and pay the applicable Fees. As part of the booking form, the Responsible Party will be required to list all Invitees and provide requested Personal Information. NO PERSON MAY ACCESS A FACILITY OR USE THE SERVICES UNLESS: (A) THEY ARE LISTED IN A VALID BOOKING; AND (B) THEY HAVE SIGNED THE APPLICABLE WAIVER.

(b) Information Provided by Responsible Party. By completing a booking on our Site, the Responsible Party represents and warrants that: (i) all information provided in connection with the booking is true, accurate, and complete; (ii) the Responsible Party has read, understands, and agrees to comply with all responsibilities and obligations applicable to the access and use of the Facilities and Services under these Terms; and (iii) the Responsible Party has obtained all necessary consents, authorizations, and permissions from all Invitees for the collection, use, and disclosure of their Personal Information by TGL in accordance with these Terms.

(c) Payment of Fees and Repair Costs by Responsible Party. The Responsible Party expressly authorizes TGL to charge the payment method provided in connection with the booking (the "Customer Card") for all: (i) Fees as and when due pursuant to these Terms; (ii) Repair Costs resulting from or attributable to any act or omission of the Responsible Party and/or their Invitees; and (iii) other amounts payable pursuant to these Terms. Accounts overdue past 90 days will be sent to collections.

(d) Cancellation by Responsible Party. The Responsible Party may cancel a booking by following the cancellation instructions provided on the Support Page on our Site. If a booking is cancelled less than twenty-four (24) hours prior to the scheduled start time, all amounts paid will be retained by TGL and no refund will be issued. If a booking is cancelled more than twenty-four (24) hours prior to the scheduled start time, any amounts paid will be refunded to the original payment method. Where applicable, prepaid value pack hours will be credited back to the account. Refunds may take 10–12 business days to process, depending on the payment provider.

(e) TGL Right to Cancel. TGL may, in its sole discretion, suspend or cancel any booking and/or restrict future access to the Facilities and Services where: (i) the Responsible Party provides, or TGL reasonably suspects has provided, inaccurate, incomplete, or outdated information; (ii) any Fees, Repair Costs, or amounts due under these Terms remain unpaid; (iii) the Responsible Party and/or any Invitee breaches any of these Terms in which case your booking will be cancelled and all amounts that have been paid by the Responsible Party hereunder shall be retained by TGL; or (iv) TGL determines, for safety, operational, security, or other reasonable grounds, that cancellation is required, in which case the booking will be cancelled and all amounts paid by the Responsible Party to TGL will be fully refunded.

(f) PAYMENT PROCESSING. TGL currently contracts with third party providers for payments associated with any Fees payable to TGL, including without limitation Square and/or Stripe, in connection with the Services. All payment processing services are subject to the applicable agreements of the third-party providers (collectively, the "Services Agreement"). By agreeing to these Terms, the Responsible Party agrees to be bound by the Services Agreement, as it may be modified from time to time. In the event of a dispute as to whether a payment was made, the resolution of such dispute shall be conclusively resolved by resorting to the third party provider's internal records. TGL shall have no responsibility or liability for any alleged payment that is not recorded or verified on Square's system.

6. DAMAGE AND REPAIR COSTS

If the Facility is damaged, or if any equipment or other property at the Facility is lost, stolen, vandalized, or otherwise damaged during the booking period, or if TGL incurs any costs to recover, clean, repair, replace, or restore the Facility, equipment, or property, in each case as arising out of or attributable (directly or indirectly) to any act or omission of the Responsible Party and/or any of their Invitees, the Responsible Party and/or such Invitees shall be liable, jointly and severally, for all Repair Costs arising from or relating to such acts or omissions. The Responsible Party agrees to pay or reimburse TGL for all Repair Costs immediately upon receipt of written notice from TGL, which notice may be delivered by email to the email address associated with the booking. TGL may also charge a reasonable administrative fee in connection with such matters. The Responsible Party covenants and agrees to pay the Repair Costs and applicable administrative fees and irrevocably authorizes TGL to charge the payment method on file for such amounts without further notice or demand. For greater certainty, TGL may, in its sole discretion, pursue recovery of Repair Costs directly from any Invitee. However, as between TGL and the Responsible Party, the Responsible Party shall remain jointly and severally liable with such Invitees, and shall be the primary obligor for all Repair Costs and any other amounts owing to TGL arising out of or in connection with the booking.

7. ASSUMPTION OF RISK

Each Facility User acknowledges that the Facilities are automated and are not staffed or supervised on-site, and that access to and use of the Facilities and Services involves inherent risks and dangers, including without limitation serious injury, illness, death, and loss of personal property. Each Facility User further acknowledges and agrees that TGL does not provide on-site security personnel and although each Facility is monitored, TGL is not responsible for monitoring individual conduct in real time. Each Facility User voluntarily assumes all such risks associated with access to and use of the Facilities and Services, including risks of injury, illness, death, and property damage.

8. MONITORING AND RECORDING

(a) Monitoring: The Facilities are monitored by audio and video surveillance.

(b) Recording: TGL may monitor, record, and store audio and video within the Facilities for safety, security, operational, and quality control purposes. Such monitoring may include continuous or intermittent recording in all areas of the Facilities, except where prohibited by law.

(c) Consent: By accessing or using the Services or entering a Facility, each Facility User consents to such audio and video recording and to the collection, use, and disclosure of such recordings by TGL in accordance with these Terms. Each Facility User further acknowledges and agrees that such recordings may, to the extent permitted by applicable law, be used by TGL for various purposes including, without limitation, incident investigation, enforcement of these Terms, protection of TGL's property, collections and dispute resolutions, use in legal proceedings, and compliance with legal obligations, and to assess responsibility for incidents, including determining and allocating costs for any damage to persons or property.

9. THIRD PARTY WEBSITES

The Site may contain links to affiliates or third-party websites, which are provided for convenience only. TGL does not make any representations or warranties of any kind in connection with such content. TGL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any affiliate or third-party sites and services. We strongly advise each Facility User (and any other person browsing the Site, whether or not such person makes a booking or uses the Services) to read the terms and conditions and privacy policy of any affiliate or third-party site that you visit.

10. INTELLECTUAL PROPERTY

All information available through the Site or the Services including but not limited to text, graphics and code is copyrighted, and is the sole and exclusive property of TGL or third parties. All trademarks, service marks and trade names provided in connection with the Site and Services and other information and materials, are sole property of TGL or third parties. It is protected by Canadian and international copyright laws. ALL RIGHTS ARE RESERVED. The Site and Services may be used solely for personal, non-commercial use and in accordance with these Terms. Any reproduction, distribution, modification, display, transmission, or other use of the Site or its content for any purpose not expressly permitted by TGL is strictly prohibited.

11. LICENSE AND PROHIBITED USES

(a) Licenses and Use of Services. Subject to these Terms, TGL grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to access and use the Site for personal, non-commercial purposes only. Further, subject to these Terms, TGL hereby grants each Facility User a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to access and use the Services for the Facility User's own personal and non-commercial purposes. Any rights not expressly granted herein are reserved by TGL.

(b) Prohibited Uses. You are prohibited from: (a) accessing the Site or any Facility or using the Services for any unlawful purpose or in any manner inconsistent with the rights granted herein; (b) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (c) submitting false or misleading information; (d) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or any related websites or mobile applications; (f) for any reason that would violate these Terms. We reserve the right to suspend or terminate your access to the Site or Services for breach of this section.

12. DISCLAIMERS, WAIVERS AND LIABILITY

(a) Waiver. All bookings and access to the Facility require acceptance of the Waiver by each Facility User prior to arrival at the Facility. All signed Waivers must be submitted online to TGL prior to your booking time. Failure by any Facility User to properly execute and submit the required waiver in advance may, in TGL's sole discretion, result in refusal of entry to, or removal from, the Facility of the Responsible Party and all Invitees associated with the booking, without refund. Notwithstanding the foregoing, the Responsible Party shall remain fully responsible for ensuring that all Invitees comply with this requirement, and for any consequences arising from non-compliance.

(b) General Disclaimer. TGL does not represent or warrant that: (a) the use of the Site or the Services will meet specific requirements of any user, be uninterrupted, timely, secure, or free from error. TGL does not provide any warranties, either expressly or impliedly, for any particular purpose and to the fullest extent permitted by applicable law, expressly disclaims all representations, warranties and conditions, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

(c) Limitation of Liability and Exclusion of Damages.

EACH FACILITY USER ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE FACILITIES AND SERVICES IS AT THEIR OWN RISK.

To the fullest extent permitted by applicable law:

(a) neither TGL nor its respective officers, directors, shareholders, employees, contractors, suppliers and agents (collectively the "Releasees") shall have any responsibility or liability whatsoever for any accidents, injuries, illness or death to any Facility User while at a Facility, or any loss of or damage to a Facility User's personal property while at a Facility.

(b) in no event shall TGL or any of the Releasees, be liable for consequential losses or indirect or special damages of any kind or for any loss or damage arising out of or in connection with the use of the Site or Services even if TGL has been advised of the possibility of such losses or damages. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to breach of contract, negligence, tort or any other legal theory, and survives a fundamental breach or failure of the essential purpose of the terms.

(c) the total aggregate liability of TGL and the Releasee's arising out of or in connection with the Terms, the Facilities, or the Services, is limited to direct damages and shall not exceed the total booking fees for Services paid to TGL by the Responsible Party and/or Invitees in connection with the specific booking giving rise to the claim.

(d) Indemnity. Each Facility User agrees, jointly and severally, to indemnify, hold harmless and defend TGL and the Releasees from and against any and all actions, suits, claims, demands, proceedings, liabilities, damages, losses, costs and expenses (including without limitation, reasonable legal fees) which may be made or brought against the Releasees, or which any of them may suffer or incur as a result of or in relation to: (i) any breach of any representation, warranty, or acknowledgement made by the Responsible Party or any Invitee in connection with these Terms, the booking process, attendance at or use of the Facility, or any waiver, registration, or related documentation; (ii) any breach of these Terms by the Responsible Party or any Invitee; (iii) the use of the Services or attendance at a Facility by the Responsible Party or any Invitee, including without limitation, any negligent, reckless, or wilful act or omission of the Responsible Party or any Invitee; (iv) any damage to the Facility or other property, or any personal injury, illness, or death, caused by or attributable to the Responsible Party or any Invitee; and/or (v) any incident, dispute, altercation, injury, or property damage occurring at the Facility involving any Facility User, including interactions between other guests of different bookings.

13. VIOLATION OF THE TERMS

If any Facility User violates any of these Terms, TGL may, in its sole discretion, immediately evict all Facility Users associated with the applicable booking from the Facility, prohibit or ban any such person from future access to or use of the Facility, and the Responsible Party and any other Facility User, if applicable, shall forfeit all fees and other amounts paid to TGL hereunder. Each Facility User waives any and all rights under these Terms upon any such violation or breach of these Terms and shall vacate the Facility immediately upon TGL's request.

14. APPLICABLE LAW

Each Facility User covenants and agrees with TGL to comply with all applicable laws, by-laws, rules and regulations at all times while at the Facility (collectively, "Applicable Law").

15. GENERAL

(a) Notice. TGL may provide any notices, approvals, or communications under these Terms by email to the email address associated with the Responsible Party's booking or account or any other reasonable method of communication. Notices to the Responsible Party shall be deemed received on the date sent (if by email). The Responsible Party is responsible for ensuring that their contact information is current and accurate.

(b) Correcting Errors. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions, including but not limited to product description errors, pricing errors, content errors, and other matters. TGL reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice to you (including after you have submitted your order).

(c) Further Assurances. The Responsible Party and each Invitee will from time to time at TGL's request and without further consideration, execute and deliver such other documents and take such further action as may be required to more effectively complete any matter provided for in these Terms.

(d) Entire Agreement. These Terms, including the Privacy Policy, Waiver, Code of Conduct and any further terms or policies adopted by TGL upon or in connection with your use of the Site or Services constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements.

(e) Waiver. The failure of TGL to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by TGL must be in writing and shall only apply to the specific instance identified in such writing.

(f) Enurement. These Terms will enure to the benefit of, and be binding upon, each person who uses or accesses the Site and/or the Services and TGL and their respective heirs, administrators, executors, successors and permitted assigns, as applicable.

(g) Survival of Terms: These Terms shall survive termination, expiration, and/or completion of any booking or use of the Services, and notwithstanding such termination, expiration, or completion, to the extent necessary to give full effect to their meaning and intent, including without limitation provisions relating to indemnities, releases, limitations of liability, payment obligations, and Repair Costs.

(h) Severability. If any portion of these Terms is found to be illegal, invalid or unenforceable, the remaining portions shall remain in full force and effect.

(i) Interpretation. Section headings are included for convenience of reference only and shall not affect the construction or interpretation of these Terms. These Terms shall not be construed against TGL by reason of the drafting or preparation of this document by its legal counsel. Time shall be of the essence in these Terms.

(j) Governing Law. These Terms 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 rules). The parties hereto agree that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of these Terms. Each party hereto does hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.

FOR FURTHER INFORMATION OR TO CONTACT TGL:

TGL's Website: www.transcendgolf.ca

TGL Email Address: info@transcendgolf.ca

Business Address: 2180 Dunwin Drive, Unit 4 Mississauga, Ontario
2480 Homer Watson Blvd., B9 & B10, Kitchener, Ontario
56 Barrie View Drive, Unit 3, Barrie, Ontario
1070 Rest Acres Road, Unit F3, Paris, Ontario
875 Highland Rd W, Unit 105, Kitchener, Ontario

Business Phone: 905-949-7994

Schedule A

CODE OF CONDUCT

This Code of Conduct forms part of, and is incorporated into, the Terms of Service. In addition, to the obligations set out in the Terms of Service or elsewhere on our Site or at a Facility, all visitors to any Facility must comply with this with the rules, policies, and requirements of Transcend Golf Ltd. and Transcend Golf 2 Ltd. (collectively, "TGL") set out herein or elsewhere in the Terms and as otherwise posted or communicated by TGL from time to time.

All capitalized terms not otherwise defined herein have the meanings given to them in the Terms of Service.

1. NON-SUPERVISED. The Facility is not supervised at all times and is used at your own risk.
2. AUDIO AND VIDEO SURVEILLANCE. TGL monitors, records, and stores audio and audio and video surveillance at the Facilities for safety, security, operational, and quality control purposes. Such monitoring may include continuous or intermittent recording in all areas of the Facilities, except where prohibited by law. Security will monitor the surveillance cameras and periodically patrol for compliance.
3. FIREARMS, FIREWORKS, ETC.: The discharge and carrying of firearms on or in the Facility, is prohibited. The term "firearms" includes but is not limited to, rifles, shotguns, revolvers, air pistols, pellet guns, air guns of all kinds, bows and arrows, crossbows, traps, and snares. The carrying and ignition of firecrackers, fireworks, similar devices, or other flammable or hazardous materials of any kind are prohibited on, in and near the Facility.
4. FIRE ALARMS: If you notice any deficient activity, such as beeping, from any fire alarm on the Facility, notify 905-949-7994 immediately. Otherwise, you shall not tamper with any fire alarms or smoke detectors on the Facility.
5. AGE OF MAJORITY. Individuals under 19 must be accompanied by an adult.
6. NO PETS. Pets, other than guide/service animals are not permitted at any time.
7. ATTIRE. Proper attire is required; shoes, pants and shirts must be worn at all times.
8. NOISE/BOISTEROUS BEHAVIOUR: Noise must be kept a reasonable level as not to cause a disturbance to others at the Facility. Boisterous behaviour (including yelling, running, rowdyish, vandalism, intoxication or inebriation from drugs and/or alcohol and/or any other form of misconduct behaviour) is strictly prohibited, dangerous and disruptive. Complaints arising in connection with any violation of these rules may result in immediate eviction of your party from the Facility without refund of any kind.
9. SMOKING/VAPING: This is a NON-SMOKING/VAPING property. No smoking or vaping is allowed inside of the Facility whatsoever. Any violation of this rule will result in a fee of $500.00 being charged to your party, in addition any smoke- or vapor-related damage to the Facility.
10. ALCOHOL OR ILLEGAL DRUGS: Under no circumstances shall any illegal drugs or alcoholic beverages be permitted at the Facility.
11. EQUIPMENT. Non-stationary equipment must be returned to its rightful place at the end of the reserved timeslot. Equipment shall not be removed, added, modified or used in a manner other than for which it was intended.
12. LITTERING: All garbage must be disposed of in the waste receptacles provided at the Facility for this purpose. No person shall leave any litter, waste, or debris in or around the Facility.
13. FOOD AND DRINKS. Any spills must be cleaned up immediately.
14. NOTICE RE DAMAGE: You must call 905-949-7994 immediately if you or any other person discovers any part of the Facility or any equipment thereon needs maintenance/repair. Damage and/or theft of TGL's property is the responsibility of the Responsible Party who will be invoiced for the cost of replacement or repair as determined by TGL in its sole discretion.

RELEASE AND INDEMNITY. Each Facility User acknowledges that access to and use of the Facility and Services involves inherent risks, including risk of injury, illness, death, and property damage. To the fullest extent permitted by law, each Facility User voluntarily assumes all such risks and agrees that the limitation of liability, waiver, and indemnity provisions set out in Section 11 of the Terms of Service apply to their access to and use of the Facility and Services.

Schedule B

WAIVER FOR ADULT BOOKING ONLINE

TO: Transcend Golf Ltd. and Transcend Golf 2 Ltd. ("TGL") and its affiliates and their respective shareholders, directors, officers, employees, contractors and agents (collectively, the "Releasees").

All capitalized terms not otherwise defined herein shall have the meanings given to them in the Terms of Service which can be found at https://www.transcendgolf.ca/terms.

In consideration for TGL permitting the Responsible Party and each Invitee associated with the booking to enter and attend its indoor recreational facility (the "Facility"), and to participate in and/or observe 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 are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, administrators, personal legal representatives, assigns, and next of kin (collectively, my "Legal Representatives"), hereby acknowledge 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 Terms, including the Code of Conduct available on TGL's website and posted at the Facility, as may be amended from time to time; 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 and at times 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). The indemnity obligations under this Agreement shall survive the expiry or termination of this Agreement.

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.

ADULT PARTICIPANT / OBSERVER

I have read and understand this Release and Waiver and agree that by signing it or clicking "I ACCEPT" 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 Service and Code of Conduct in their entirety and fully understand their respective terms.

I acknowledge that I am signing or accepting this waiver 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.

Contact us at info@transcendgolf.ca for any questions.