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Señor Susan Management Co. d/b/a Night Shift Golf · 957 South River View Avenue, Reedley, CA 93654

READ CAREFULLY BEFORE SIGNING. THIS IS A LEGAL AGREEMENT. BY SIGNING IT, YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR NEGLIGENCE.

In consideration of being permitted to register for and participate in Night Shift Golf skins events and related activities, including events held at Topgolf El Segundo / The Lakes at El Segundo, El Segundo, California (each, an "Event"), I, the undersigned participant ("Participant"), agree as follows:

1. Released Parties. "Released Parties" means: (a) Señor Susan Management Co. d/b/a Night Shift Golf, and each of its owners, members, managers, officers, employees, volunteers, agents, sponsors, vendors, and contractors, in both their business and individual capacities; and (b) Topgolf International, LLC and its affiliates, 8750 N. Central Expressway, Ste 1200, Dallas, TX 75231, together with its parents, subsidiaries, and affiliates, the owners, landlords, and operators of the Event facility, and each of their respective officers, directors, employees, and agents.

2. Assumption of Risk. I understand that golf and the Event involve inherent and other risks, including without limitation: being struck by golf balls, clubs, or equipment; slips, trips, and falls; uneven terrain, turf, sand, water, and structures; night play and reduced visibility under artificial lighting; heat, cold, and weather; physical exertion, strain, and overexertion; the consumption of alcohol by myself or others; and the acts or omissions of other participants and spectators. These risks may result in serious injury, illness, death, or property damage. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

3. Release and Covenant Not to Sue. TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, I, FOR MYSELF AND MY HEIRS, EXECUTORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, AND LIABILITIES FOR INJURY, ILLNESS, DEATH, OR PROPERTY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THE EVENT, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. This release does not apply to gross negligence, willful misconduct, or any claim that may not be released under California Civil Code § 1668.

4. Indemnity. I agree to indemnify, defend, and hold harmless the Released Parties from any claims, losses, damages, and expenses (including reasonable attorneys' fees) arising from my conduct, my breach of this Agreement, or my violation of the Official Rules, facility policies, or applicable law.

5. Waiver of Civil Code § 1542. I expressly waive the benefit of California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

6. Health, Medical Care & Alcohol. I certify that I am physically fit to participate and have no condition that makes participation unsafe, and I am responsible for my own medical needs. I authorize the Released Parties to obtain emergency medical treatment for me at my own expense. I am at least 21 years of age. I will consume alcohol responsibly and will not drive while impaired. I may be removed from any Event for impairment, unsafe play, or misconduct, with forfeiture of my entry fee and any prize.

7. Contest of Skill — Not Gambling. The Event is a pay-to-play golf competition. My entry fee is a participation fee covering greens fees, registration, administration, and hospitality (including food and drink for me and my guest). My entry fee does not fund the prizes. Unless otherwise posted, all prizes are funded by Night Shift Golf's founders, Señor Susan Management Co. d/b/a Night Shift Golf, and its sponsors, not by participants. Entry fees are non-refundable except as stated in the Official Rules. Prizes are awarded solely on golf scores, determined by participant skill; no element of chance determines any winner. Night Shift Golf, Topgolf, and the other Released Parties do not compete for the prizes, and participants do not wager against one another. Side wagering is prohibited at all Events.

8. Rules & Conduct. I agree to follow the Night Shift Golf Official Rules, the USGA Rules of Golf as modified by those Rules, all facility policies, and staff instructions. Committee decisions are final.

9. Media Release. I grant Night Shift Golf, its sponsors, and the Event facility the irrevocable right, without compensation, to record and use my name, image, likeness, and voice in photographs, video, broadcasts, highlight content, and promotional and sponsor materials in any media.

10. Personal Property. The Released Parties are not responsible for lost, stolen, or damaged personal property, including golf equipment and vehicles.

11. General. This Agreement applies to every Event in which I participate. It is governed by California law, and any dispute shall be brought only in the state or federal courts located in California. If any provision is held unenforceable, the remainder shall be enforced to the fullest extent permitted by law. This is the entire agreement on its subject. An electronic signature or online acceptance of this Agreement has the same effect as a handwritten signature.

I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY.