TERMS OF SERVICE

EVENT PARTICIPATION AGREEMENT

Last updated: November 17, 2025

These terms of service (the “agreement” or “terms”) constitute a legally binding agreement between you (“you”, “your”, “participant”) and XR On Par Co. | Mobile Golf Simulator Events (“we”, “us”, “our”, “On Par”) regarding your registration for, attendance at, and participation in events, and your use of our website, booking system, and related services (collectively, the “services” or “events”).

By registering for or participating in an event or accessing the services, you agree to be bound by these terms. If you do not agree, you must not register or participate.

1. DEFINITIONS

In this agreement:

“Event” means any golf simulator event, tournament, activation, clinic, competition, or related activity organized or managed by On Par.

“Services” means On Par’s website, registration system, scoring, event management, communications, and related offerings.

“Participant” means any individual or entity that registers for or participates in an event.

“Third-party service provider” means any contractor, vendor, or service provider retained by On Par.

“Releasees” means On Par and its directors, officers, employees, contractors, volunteers, agents, affiliates, successors, and assigns.

“Applicable law” means the laws of Manitoba and the federal laws of Canada.

2. ELIGIBILITY, REGISTRATION & PAYMENT

Eligibility

You represent that you are of legal age to contract, or have obtained proper consent if underage, and that you have full authority to agree to these terms.

Registration accuracy

You agree to provide accurate, complete, and current information and to update it as needed. Failure to do so may result in cancellation of your registration.

Registration fee, deposit & payment

A 25% deposit (“deposit”) is required to secure your event booking. Your registration is not confirmed until the deposit is received.

Except as provided in section 4, the deposit is non-refundable.

All remaining fees must be paid by the deadlines communicated at registration. Failure to pay may result in loss of your reservation.

Refunds

Refund eligibility is determined by the cancellation policy outlined in section 4.

Transfers / substitutions

Transfers or substitutions may be permitted only with prior written approval from On Par.

3. EVENT RULES, CONDUCT, SAFETY & LIABILITY

Rules of play & conduct

You agree to follow all rules, instructions, simulator guidelines, and safety directions from On Par. We may remove anyone acting unsafely, disruptively, or inappropriately.

Health, fitness & safety

You acknowledge and accept the inherent risks of golf and simulator activities, including being struck by balls or clubs, tripping hazards, equipment interactions, and physical exertion.

You confirm you are physically able to participate safely.

On Par does not provide medical or accident insurance.

Equipment & personal property

You are responsible for your personal equipment and belongings. On Par is not responsible for loss or damage except where caused by its gross negligence or intentional misconduct.

Strict responsibility for equipment & venue damage

You agree to be fully responsible for any damage you cause—intentionally, negligently, or through misuse—to any simulator equipment, components, accessories, computers, cameras, mats, screens, projectors, cables, stands, enclosures, launch monitors, flooring, or any venue property where the event is held.

You agree to reimburse On Par for the full repair or replacement cost of any such damage upon demand.

Alcohol & substance use

You agree not to participate in simulator activities while impaired. On Par reserves the right to remove impaired individuals without refund. On Par is not liable for any injury, damage, or incident related to alcohol or substance use.

Venue & premises responsibility

You acknowledge that events may take place in private homes, commercial venues, or partner facilities. On Par is not responsible for the condition, safety, or suitability of any venue, flooring, ceilings, lighting, temperature, hazards, or third-party premises.

You assume all risks associated with the venue environment.

Assumption of risk & release

To the fullest extent permitted by law, you:

  • assume all risks associated with participating in events

  • release and forever discharge the releasees from all claims, injuries, damages, losses, or liabilities arising from participation, including injuries caused by balls, clubs, equipment, other participants, or simulator use, except where caused by gross negligence or intentional misconduct

Indemnification

You agree to indemnify and hold harmless the releasees for any claims or damages arising from your participation, conduct, negligence, or breach of these terms.

Limitation of liability

To the extent permitted by law:

  • the releasees are not liable for indirect, punitive, special, or consequential damages

  • the total liability of the releasees shall not exceed the amount of fees paid by you for the relevant event

4. CANCELLATION, POSTPONEMENT & MODIFICATION

Deposit & booking

A 25% deposit is required to secure your event. It is refundable only as described below.

Your cancellation & refund schedule

If you cancel your event, the refundable portion of your 25% deposit is:

  • 10+ days: 100% refund

  • 9 days: 90% refund

  • 8 days: 80% refund

  • 7 days: 70% refund

  • 6 days: 60% refund

  • 5 days: 50% refund

  • 4 days: 40% refund

  • 3 days: 30% refund

  • 2 days: 20% refund

  • 1 day: 10% refund

  • Day of event / no-show: no refund

Exceptional circumstances

On Par may waive cancellation penalties in extreme circumstances at its sole discretion.

Cancellation or postponement by On Par

On Par may cancel, postpone, or modify an event due to weather, unsafe conditions, equipment failure, venue issues, or any force majeure event. Refunds or credits may be provided minus non-recoverable costs.

Format, rules & schedule modifications

On Par may adjust event details, including format, times, rules, and structure.

Chargebacks & payment disputes

Any chargeback or payment dispute is treated as a cancellation and is subject to the same refund schedule. You are responsible for any fees, losses, or collection costs incurred.

5. INTELLECTUAL PROPERTY, MEDIA & PUBLICITY

Grant of rights

You grant On Par the right to photograph, film, and record your participation and use such materials for marketing, promotion, and archival purposes.

Trademarks & branding

All On Par branding and intellectual property remain our exclusive property.

Use of your name or likeness

By participating, you consent to the use of your name, city, and event results unless you opt out in writing.

6. PRIVACY, DATA & COMMUNICATIONS

Your personal information is handled in accordance with our privacy policy. You may receive event communications and can opt out of marketing messages where permitted.

7. DISPUTE RESOLUTION, GOVERNING LAW & OTHER PROVISIONS

Governing law

These terms are governed by Manitoba law and federal Canadian law. Disputes will be heard exclusively in Manitoba courts.

Time limitation on claims

Any claim must be brought within one (1) year or is permanently barred.

Force majeure

On Par is not liable for delays, cancellations, or failures caused by events beyond its reasonable control, including weather, power outages, equipment failure, natural disasters, transportation disruptions, or government orders.

Severability

If any provision is invalid, the remainder stays in effect.

No waiver

Failure to enforce a provision does not waive it.

Assignment

On Par may assign its rights or obligations. You may not without written consent.

Entire agreement

These terms constitute the entire agreement between you and On Par.

Survival

Sections relating to release, indemnification, liability, governing law, and intellectual property survive termination.