RELEASE OF LIABILITY, ASSUMPTION OF RISK &  

INDEMNIFICATION AGREEMENT 

This Release of Liability, Assumption of Risk and Indemnification Agreement (the  “Release”) is entered into by the undersigned adult participant (the “Adult Participant”), and if any  minors are named below (the “Child Participants”), then this Release is also entered into by the  Adult Participant on behalf of and as parent or legal guardian of such Child Participants, in favor  of The Range at KC LLC, an Illinois limited liability company, and The Tee Box 36 LLC, an  Illinois limited liability company (referred to herein, collectively, as the “Company”). Adult  Participant, Child Participants, their heirs, successors, and assigns are hereinafter collectively  referred to as the “Participant.” In consideration of the Company permitting Participant to enter  the premises at 700-808 South 36th Street, Quincy, Illinois, or any other premises leased, owned  or operated by the Company (the “Premises”) and participate in the Activities (as defined below), and in recognition of the Company’s reliance hereon, Participant agrees as follows: 

1. Nature of Activities. The Company operates a golf driving range, par 3 golf course and a  restaurant and bar, which offers Participants the opportunity to participate in golf related activities,  and access to the Premises, restaurant and bar (collectively, the “Activities”). 
2. Types of Risks. 
3. Risks Associated with Activities. Participant acknowledges there are inherent risks in and  injuries that may occur from participating in the Activities, including, but not limited to, equipment  malfunction; defective design or manufacture of equipment; improper or negligent installation of  equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained  ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones;  physical or emotional injuries; over-exertion; being hit by a ball or club; erratic co-participant  behavior; using improper form or technique; slipping, falling, or tripping; equipment failure; error  of judgment by employees; paralysis, disability, or death; personal injury to third persons; or  property damage. Due to the nature of the Activities, there are more hazards and risks than the  foregoing, and there are also unknown and unforeseeable hazards. If you have any questions,  please contact a manager before seeking admission or participating in Activities.  
4. Exposure to Bacteria, Fungus, Viruses and Unknown Contagious Diseases. By entering the  Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses,  unknown contagious diseases and COVID-19, and any mutation, permutation, or variation thereof (collectively, the “Contagions”), which notwithstanding governmental recommendations and the  practices of the Company, cannot be eliminated. 
5. Assumption of Risk. 

PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE  POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF  PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR  PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL  LOSS (COLLECTIVELY, “LOSS”). PARTICIPANT ACKNOWLEDGES THAT ANY  INJURIES THAT PARTICIPANT SUSTAINS MAY RESULT FROM OR BE  COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE (FAILURE TO  USE SUCH CARE AS A REASONABLY PRUDENT AND CAREFUL PERSON WOULD  USE UNDER SIMILAR CIRCUMSTANCES) OF THE COMPANY, INCLUDING  NEGLIGENT EMERGENCY TRAINING AND/OR RESPONSE OR RESCUE  OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT, ON BEHALF OF ADULT PARTICIPANT  AND CHILD PARTICIPANTS, IS KNOWINGLY AND VOLUNTARILY  PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF  THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY  AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE  ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF  THE COMPANY OR OTHERWISE. 

FURTHER, PARTICIPANT IS AWARE OF AND UNDERSTANDS THE RISK OF LOSS RESULTING FROM EXPOSURE TO A CONTAGION. NOTWITHSTANDING THE  RISK OF EXPOSURE TO A CONTAGION, PARTICIPANT ACKNOWLEDGES THAT  PARTICIPANT, ON BEHALF OF ADULT PARTICIPANT AND CHILD  PARTICIPANTS, IS KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE  ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED  AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF  INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM  EXPOSURE TO A CONTAGION, WHETHER CAUSED BY THE NEGLIGENCE OF  THE COMPANY OR OTHERWISE. 

4. Alcohol. Participant agrees to exercise ordinary and reasonable care and to not consume  alcohol to the extent Participant’s judgment is impaired. Participant understands the potential risks  associated with the consumption of alcohol and acknowledges Participant does not have and is not  aware of any medical condition that would result in any injury to Participant due to Participant’s  consumption of alcohol. Participant assumes the risks associated with alcohol consumption and  takes full responsibility for Participant’s own actions, safety, and welfare.  
5. Waiver and Release. Adult Participant, on behalf of himself/herself and on behalf of Child  Participants, and their heirs, executors and representatives, hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against  the Company, and its board members, financial partners, officers, managers, employees, agents,  affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury,  disability, death, loss or theft of personal property, or property damage arising out of or attributable  to the Activities, the Contagions or the conduct of any other participants at the Premises, whether  arising out of the negligence of the Company or any Releasees or otherwise. Adult Participant, on 

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behalf of himself/herself and on behalf of Child Participants, and their heirs, executors and  representatives, covenant not to make or bring any such claim against the Company or any other  Releasee, and forever release and discharge the Company and all other Releasees from liability  under such claims.  

6. Indemnification. Adult Participant shall defend, indemnify, and hold harmless the  Company and all other Releasees against any and all losses, damages, liabilities, deficiencies,  claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of  whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to  indemnification under this Release, and the cost of pursuing any insurance providers, incurred by  the Company or any other Releasees arising out of or resulting from any claim of a third party,  including Child Participants, related to the Activities, including any claim related to Adult  Participant’s own negligence or the negligence of the Company and also including any claim made  by or on behalf of the Child Participants. 
7. Insurance. Adult Participant hereby certifies and represents that they have adequate  personal insurance or sufficient personal assets to fully indemnify the Releasees and indemnified  parties against any claims for which Adult Participant has an obligation under this Release. Adult  Participant further certifies and represents that Adult Participant has adequate personal insurance  or sufficient personal assets to fully defend, hold harmless and indemnify the Releasees against  any claims of any third party caused in whole or in part by any act or omission of one or more of  the Releasees. 
8. Medical. Adult Participant, on behalf of himself/herself and on behalf of Child  Participants, hereby consents to receive from any licensed hospital, physician, or medical  personnel any medical treatment deemed necessary if Adult Participant or Child Participants are injured or require medical attention during their participation in the Activity. Participant understands and agrees that Participant is solely responsible for all costs related to such medical  treatment and any related medical transportation and/or evacuation. 
9. Dispute Resolution; Arbitration. Any dispute or claim arising out of or relating to this  Release, breach thereof, the Premises, Activities, the Contagions, property damage (real or  personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration  clause (collectively, a “Dispute”) shall be brought by the parties in their individual capacity and  not as a plaintiff or class member in any purported class or representative capacity, and settled by  binding arbitration before a single arbitrator administered by the American Arbitration Association  (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for  arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court  having jurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary  damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by  an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then  either party may petition an appropriate court to appoint an arbitrator.  
10. License. Participant irrevocably grants the Company the right to use all or a portion of an  image or video of Participant and their name and likeness in all forms and media including  composite or modified representations for all purposes, including advertising, trade or any  commercial purpose throughout the world and in perpetuity. PARTICIPANT WAIVES THE 

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RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR  PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH  THE IMAGES/VIDEOS. PARTICIPANT RELEASES THE COMPANY FROM ANY CLAIMS  THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS,  OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR  INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT. 

11. Authority. If Adult Participant signs this Release on behalf of Child Participants, Adult  Participant warrants and represents to the Company that he/she is the parent or legal guardian of  Child Participants (or if not the parent or legal guardian of the Child Participants, has legal  authority to act for the Child Participants) and has the legal authority and such person’s actual and  implied authority to execute this Release on their behalf, including, but not limited to, the  arbitration clause, waiver, release, indemnity agreement, and license. 
12. Representations by Participant. Participant represents to the Company as follows: 
13. Participant shall obey all rules while participating in the Activities and alert the staff of  any rules violations or dangerous behavior. 
14. Participant possesses a sufficient level of skill and physical fitness for safe  participation in the Activities. 
15. Participant shall only attempt Activities that Participant can perform safely. 
16. Participant is not aware of any health problems that would prevent him/her from  participating in the Activities. 
17. Participant has received either medical clearance from his/her physician prior to  participation in the Activities or has determined that such clearance is not necessary for  his/her safe participation in the Activities. 
18. Participant shall discontinue participation in the Activities if Participant feels any  unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains). 
19. Application. This Release shall remain in full force and effect for all visits by Participant  to the Premises whenever they occur and that entry onto the Premises is hereafter conditional upon  agreeing to the terms of this Release. 
20. This Release constitutes the sole and entire agreement of the Company and Participant with  respect to the subject matter contained herein and supersedes all prior and contemporaneous  understandings, agreements, representations, and warranties, both written and oral, with respect to  such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in  any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or  provision of this Release or invalidate or render unenforceable such term or provision in any other  jurisdiction. This Release is binding on and shall inure to the benefit of the Company and  Participant and our respective successors and assigns. All matters arising out of or relating to this  Release shall be governed by and construed in accordance with the internal laws of the State of 

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Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State  of Illinois or any other jurisdiction).