Terms and Waiver of Liability — PXG Simulator Bay (UK)

Program Overview

Parsons Xtreme Golf (“PXG”) offers complimentary 60-minute sessions (each individually, “Session,” and collectively, “Sessions”) using a simulator bay (“Bay”) at a PXG retail store (“Store”) subject to these terms and conditions (“Program”). As used in these Terms, “Participant” refers to the individual booking or using the Bay and any guests accompanying that individual to the Store. PXG may modify, change, or discontinue the Program at any time.

Eligibility

Age

Participant must be at least eighteen (18) years of age. No exceptions regardless of parental consent. PXG may require government-issued photo identification and will deny access to anyone who cannot verify eligibility.

Physical Fitness

By participating in the Program, Participant represents that Participant is in adequate physical condition to swing a golf club safely and has not been advised by a physician or a healthcare professional to avoid such activity.

Participant certifies that none of the following apply:

1. Physician’s order to avoid physical exertion or swinging motions;
2. Surgery within the past ninety (90) days affecting arms, shoulders, back, hips, knees, or other body parts;
3. Known cardiovascular condition or recent cardiac event;
4. Pregnancy; or
5. Active injury that would be aggravated by swinging motions.

If any apply, consult a physician or a healthcare professional before participating in the Program.

Acceptance of Terms

Booking or entering the Bay constitutes full agreement to these Terms.

Session

Reservation Required

All sessions require advance booking. Walk-ins are not accepted.

Advance Notice

Bookings must be made in advance. Same-day requests are not accepted.

Session Limits

Limit of one (1) sixty (60) minute session per individual per week. Session ends at the scheduled time regardless of late arrival. PXG is not responsible for lost time due to tardiness.

Cancellation or No-Show

No penalty for either cancellation or no-show. However, participants who cancel or fail to appear for three (3) or more booked sessions within any rolling 90-day period without advance notice may have booking privileges suspended or permanently revoked. To provide optimal availability, a booked Session may be canceled through PXG’s website. PXG reserves the right to introduce penalties for either cancellation or no-show upon reasonable notice.

Equipment

Participant must supply own golf clubs and glove. PXG will provide golf balls at no charge. Golf balls may not be removed from the Bay. PXG bears no responsibility for loss, theft, or damage to Participant-supplied equipment. Before beginning any session, Participant will inspect all PXG-provided equipment and report any visible defect or malfunction to staff immediately. Proceeding without reporting a known defect constitutes a waiver of any claim arising from that defect. No express or implied warranty is made as to the condition of the PXG-provided equipment.

Rules of Conduct

Bay Rules

Participant and all Participant’s guests must always observe the following:

• Only one person may swing at a time; all other individuals must stand clear of the swing path.
• Check surroundings before every swing or shot.
• Swing only on the designated hitting mat in the Bay; no swinging outside the Bay or other areas.
• Do not tamper with, modify, or misuse simulator hardware, screens, projectors, computers, or launch monitors.
• No food, beverages, tobacco, vaping devices, or illegal substances.
• Unsafe, aggressive, or disruptive behavior results in immediate removal and potential loss of future privileges.
• Follow all staff instructions immediately and report any safety concerns or malfunctions to staff.

Damage

Participant is personally liable for any damage to the Bay, simulator, screens, mats, flooring, or other PXG property caused by careless, reckless, negligent, or intentional conduct by Participant or any Participant’s guests. PXG will seek full restitution and reserves all legal remedies.

Alcohol and Controlled Substances

No alcohol is served at the Store. Participant may not consume alcohol or use impairing or controlled substance at the Store. Participant who appears impaired will be denied access or removed immediately. Participant acknowledges and assumes all risk of injury or damage arising from participation while having previously consumed alcohol or any impairing or controlled substance. PXG expressly disclaims all liability in such circumstances.

Assumption of Risk

Under the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977, liability for death or personal injury caused by negligence cannot be excluded or restricted. Liability for other losses caused by negligence may only be limited to the extent that the limitation is reasonable. The assumption of risk and release provisions in these Terms are intended to be enforceable to the maximum extent permitted by English law and should be read subject to these statutory limitations.

USE OF THE BAY INVOLVES INHERENT RISKS THAT CANNOT BE FULLY ELIMINATED. Participant understands that serious injury or death is possible even when all safety rules are followed, and Participant expressly and voluntarily assumes all risks, known and unknown, including but not limited to:

• Injury from swinging golf clubs, including striking bystanders or other third parties at the Store.
• Injury from a broken, misfired, or errant golf club or golf ball.
• Slipping, tripping, or falling on the hitting mat, flooring, or surrounding areas.
• Muscular strains, sprains, or joint injuries (e.g., wrists, shoulders, elbows, back, hips, or knees).
• Eye injuries from debris, broken equipment, or airborne matter.
• Head injuries, concussions, broken bones, burns, bruises, or contusions.
• Cardiovascular or other medical events triggered by physical exertion.
• Paralysis, permanent disability, or death.
• Emotional distress or psychological injury.
• Injury from the acts, negligence, or erratic conduct of other third parties at the Store.
• Equipment malfunction, defective design, or improper hardware or software installation.
• Injury from improper technique, overexertion, or collision with physical structures.
• Damage to or loss of personal property (e.g., clubs, bags, gloves, electronics, etc.).
• Any other injury or damage arising from participation regardless of whether foreseeable or not.

Release and Waiver of Liability

IMPORTANT: THIS SECTION WAIVES SIGNIFICANT LEGAL RIGHTS. READ CAREFULLY.

In consideration of free access to the Bay, and to the fullest extent permitted by law, Participant, individually and on behalf of Participant’s heirs, estate, executors, administrators, assigns, and legal representative:

• RELEASES, WAIVES, DISCHARGES, AND PROMISES NOT TO SUE PXG, its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, volunteers, contractors, insurers, premises owners, equipment and software providers, and their respective successors and assigns (collectively, “Released Parties”) from any and all claims, liabilities, losses, damages, and expenses of any kind (known or unknown) arising from: (1) use of the Bay, (2) presence at the Store, (3) personal injury or property damage sustained at or related to the Bay or the Store, or (4) the negligence (active or passive) of any Released Party, EXCEPT claims arising from a Released Party’s gross negligence or willful misconduct;
• AGREES this Release binds Participant’s estate, heirs, executors, legal representatives, and successors, and any third party claiming on behalf of Participant;
• AGREES this Release applies to the current session and all future sessions at the Store or any other PXG retail stores unless revoked by Participant in writing; and
• AGREES this Release applies regardless of whether any injury or damage was caused in whole or in part by the negligence of a Released Party, except as stated above.

Notwithstanding anything under these Terms to the contrary, the maximum liability of any Released Party will not exceed One Hundred Pounds Sterling (£100) for any claims, damages, liabilities, costs or expenses arising out of or in connection with these Terms. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

Third-Party Injury

Participant acknowledges that Participant may be injured by third parties on-site. Participant releases the Released Parties from any claim arising from such third-party conduct. Participant further acknowledges that Participant’s own actions may injure others on-site and agrees to indemnify the Released Parties and any affected third party against claims caused by Participant’s acts or omissions.

Medical Authorization and Emergency Response

Participant authorises PXG to contact emergency medical services on Participant’s behalf in the event of an emergency. PXG Staff are not medical professionals and are not obligated to provide treatment. Participant is solely responsible for all medical costs arising from participation in the Program. PXG provides no accident or health insurance coverage for Participant.

Simulator Data

All simulator-generated data (e.g., ball speed, launch angle, spin rate, carry distance, etc.) is provided for entertainment purposes only and is not guaranteed to be accurate or to reflect real-world on-course performance. Unless a separate fitting session was conducted by a PXG fitter, no results from a free simulator bay session constitute a professional club fitting or equipment recommendation.

Right of Removal and Denial of Access

PXG may remove Participant from the Bay or the Store at any time, without notice or compensation, if PXG determines such individual:

• Violated these Terms,
• Failed to follow staff instructions,
• Engaged in unsafe, disruptive, or threatening behavior,
• Appeared impaired by alcohol or substances,
• Unable to verify age,
• Provided false information,
• Posed a risk to the safety or welfare of others, or
• Caused or risked damage to PXG property.

General Provisions

Personal Property

Participant assumes all risk for personal property brought onto the premises including clubs, bags, electronics, and valuables. PXG is not responsible for loss, theft, or damage to personal property except to the extent directly caused by PXG’s gross negligence or willful misconduct. No secure storage is provided. Participant is advised to bring only what is necessary.

Photography, Video, and Use of Likeness

Participant acknowledges that the Bay and the Store are under video surveillance. Recordings taken for security and operational purposes are processed under PXG’s legitimate interests under UK GDPR and do not require separate consent. Use of photographs, videos, or recordings of Participant for marketing, promotional, or commercial purposes is subject to Participant’s separate written consent, which may be withdrawn at any time by notifying PXG in writing. Where Participant has provided such consent, PXG is granted a royalty-free, worldwide licence to use such recordings for the consented purposes. Participant waives any right to inspect or approve specific uses of materials made pursuant to a valid consent and releases PXG from any claims arising from use of materials within the scope of that consent.

Intellectual Property

All trademarks, service marks, logos, simulator software, course content, and other intellectual property displayed or used in connection with the Program are the property of PXG or their respective licensors. No rights are granted to Participant by these Terms. Participant may not record, reproduce, broadcast, or distribute any simulator content without prior written consent.

Indemnification

Participant, individually and on behalf of Participant’s heirs, estate, executors, administrators, assigns, and legal representative, agrees to defend, indemnify, and hold harmless the Released Parties from all claims, damages, losses, and expenses (including solicitor fees) arising from: (1) Participant’s use of the Bay, (2) violation of these Terms, (3) breach of any representation, (4) injury or damage caused by Participant to any third party at the Store, (5) violation of applicable law, or (6) the conduct of any Participant’s guests. This provision applies to the extent permitted by English law and does not override Participant’s statutory rights.

Severability

Any invalid or unenforceable provision will be modified to the minimum extent necessary or severed. Remaining provisions remain in full force.

Entire Agreement

These Terms supersede all prior oral or written agreements on the same subject.

Assignment

PXG may assign these Terms without consent. Participant may not assign rights under these Terms.

Amendment

PXG may, at any time and in its sole discretion, modify, suspend, or discontinue the Program; change session lengths, availability, booking requirements, or eligibility criteria; introduce fees or penalties; limit booking frequency; or deny or revoke any individual’s access. PXG may amend these Terms at any time by posting updated terms on its website. Continued participation in the Program constitutes acceptance of revised terms.

Governing Law and Venue

These Terms will be governed by, construed, and enforced in accordance with the laws, without reference to principles of conflicts of laws, of England and Wales. Participant irrevocably consents to the jurisdiction of the courts of England and Wales, in connection with all actions arising out of or in connection with these Terms.

Dispute Resolution

If any dispute, claim, question, or disagreement arises from or relating to the Terms or the breach thereof, Participant and PXG (each individually, “Party” and collectively, “Parties”) will use their best efforts to settle the dispute, claim, question, or disagreement for a period of thirty (30) days. If unresolved, either party may refer the dispute to mediation administered by the Centre for Effective Dispute Resolution (CEDR) before commencing any court proceedings. Nothing in this provision prevents either party from seeking urgent injunctive or other interim relief from the courts.

Force Majeure

PXG is not liable for failure to provide access due to circumstances beyond its reasonable control (e.g., natural disasters, power or equipment failures, government orders, or pandemics).

Non-Disparagement

Participant will not at any time make, publish, or communicate to any person or entity, or in any public forum, any negative, defamatory, disparaging, or maliciously false remarks, comments, statements, pictures, or videos concerning PXG or its products or services unless required by law. This provision does not restrict Participant’s statutory rights under English law.

Data Protection

PXG processes personal data (including name, contact details, booking information, and recordings of Participant) in accordance with the UK GDPR and the Data Protection Act 2018. Personal data is collected for the purposes of administering the Program, ensuring safety, and marketing (where consent is given). Participant has the right to access, correct, erase, restrict, or object to processing of Participant’s personal data, and to data portability, by contacting PXG at privacy@pxg.com. Participant also has the right to lodge a complaint with the Information Commissioner’s Office (ICO). Marketing use of photographs or recordings is subject to separate consent. Participant may withdraw consent at any time by notifying PXG in writing. For full details, see PXG’s Privacy Policy at www.pxg.com.

Participant Acknowledgment and Signature

BY SIGNING BELOW OR COMPLETING AN ONLINE BOOKING, I CERTIFY THAT:

1. I am at least eighteen (18) years of age and can verify this upon request.
2. I have read these Terms in full including the Release and Waiver of Liability.
3. I understand that I am waiving certain legal rights to the extent permitted by English law.
4. I have had the opportunity to consult a solicitor before signing.
5. These Terms including the Release and Waiver of Liability apply to my current and all future sessions at any PXG retail stores unless revoked in writing.
6. I sign freely and voluntarily without duress or coercion.