Additional Event Terms and Conditions

In addition to the Booking Terms (as defined in your Event Agreement), the following terms and conditions govern your purchase of Topgolf event services for the event (the “Event”) at the Topgolf venue (the “Venue”) specified in your Event Agreement. You agree as follows:

1. SAFETY & RESPONSIBILITY. You will, and you will require all guests of the Event (collectively, “Event Guests”, and each, an “Event Guest”) to, review and adhere to Topgolf's Safety Rules and Code of Conduct found at https://topgolf.com/us/play-safely/. Topgolf reserves the right to remove from the Venue any Event Guest who violates Topgolf's Safety Rules or Code of Conduct. If injury should result because Topgolf's Safety Rules or Code of Conduct are not followed or are ignored, Topgolf will not be liable.

2. EVENT PAYMENT. Deposit and final payment may be paid by cash, credit card, ACH payment or, if approved by Topgolf prior to payment, company check. For online bookings, payment must be made by credit card unless otherwise approved by Topgolf. Topgolf does not retain credit cards on file.

Any service charges will be distributed to the Topgolf employees assigned to your Event. Service charges and administrative fees are not property of the employee.

3. FOOD AND BEVERAGE. All catered buffet menus have a minimum of thirteen (13) Event Guests. Event catering quantities are pre-portioned and served based on the final guest count provided seven (7) days prior to the Event. Event catering does not provide unlimited or all-you-can-eat servings.

Based on availability, catering may be replenished the day of the Event for an additional fee. Not all menu items are available to add-on at the time of the Event. Unused drink tickets are non-refundable.

4. EVENT TIME & SPACE. The Event shall begin and end at the contracted times. Topgolf will hold the Event space for 15 minutes past the contracted start time. Should no Event Guests arrive within this time, Topgolf reserves the right to release the space. Extension of the Event space is subject to space availability and additional charges will apply.

Specific bays are not guaranteed unless otherwise noted in the Event Agreement for full-floor buyouts and groups that purchase the rental of an event room. Topgolf reserves the right to reassign or substitute your reserved Event space to a comparable space to accommodate both you and the Event Guests and all other guests using Topgolf’s facilities.

5. EVENT CREDIT POLICY. Event credits that are not used within twelve (12) months of the original date of the Event will be forfeited. Event credits used towards a rescheduled event shall expire upon reschedule and will not be available for use if the rescheduled event requires additional rescheduling.

6. ALCOHOLIC BEVERAGES. Topgolf reserves the right to inspect the identification of any person. Topgolf will fully comply with all alcoholic beverage control laws including, without limitation: (i) requesting proper legal identification of any person of questionable age; (ii) refusing service of any alcoholic beverages to any person or persons who are underage or cannot produce, upon request, proper identification, in Topgolf’s sole and absolute discretion; (iii) refusing service of any alcoholic beverage to any person or persons, who, in Topgolf’s sole and absolute discretion, appears to be intoxicated or under the influence of mind altering substance; and (iv) carrying liquor liability insurance as required by applicable law.

If any minor Event Guest is observed consuming alcoholic beverages on Topgolf’s premises, Topgolf, in its sole and absolute discretion, shall have the right to remove the minor from the premises and immediately terminate the Event without further obligation to you or any Event Guest.

7. PERSONAL PROPERTY. You assume all risk and responsibility for any personal property and/or equipment brought into the Venue in connection with the Event that may be damaged, lost, stolen or left at the Venue before, during or after the Event, and will not hold Topgolf responsible for any such loss, theft, or damage, except to the extent such loss, theft, or damage is directly caused by Topgolf.

Topgolf will not accept deliveries to store Event items unless you have obtained prior written approval from your Topgolf sales associate at least seven (7) days prior to the Event. All items shipped to Topgolf are shipped at your own risk and at your sole expense.

If your property is not removed from the Venue by Topgolf’s close of business on the day of the Event, Topgolf reserves the right to charge you a storage and disposal fee due immediately.

8. ADVERTISING AND BRANDING. Your or other third-party names, logos, symbols, trademarks, or tradenames are not allowed to be displayed within or behind the bays without Topgolf’s prior written approval. You represent and warrant that you possess the requisite ownership rights and/or licenses to lawfully use any and all intellectual property that you will display or otherwise use at the Event. Advertising of any kind can only be displayed in a contracted private event space and must be invisible to the general public. Signage to direct Event Guests through the Venue is allowed with Topgolf’s prior written approval, but such signage may not include logos, symbols, or pictures of any kind and must be displayed in Times New Roman font unless otherwise agreed upon in writing by Topgolf. Upon your written request, Topgolf will provide Topgolf approved photos, invitation templates, and logos. Any items that do not adhere to Topgolf’s brand standards must be taken down immediately.

9. USE OF TOPGOLF’S LOGOS, IMAGES, AND MARKS. All promotional and display materials relating to the Event, including any images or materials (collectively, “Images”), that refer to or depict the Venue or Topgolf’s name, logo, symbol, trademark or tradename (collectively, the “Topgolf Marks”) shall be subject to Topgolf's prior written approval. You shall not use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party in connection with the Event without Topgolf’s prior written approval.

You have no rights or interests in any intellectual property owned or licensed by Topgolf. Images may not be used (i) to state or imply endorsement by Topgolf or of any Topgolf personnel of any commercial product, process or service, or (ii) in any other manner that might mislead or imply any approval, sponsorship, endorsement or affiliation between you and Topgolf. You may not use trademarks, logos or other content that is confusingly similar to the Topgolf Marks. If you (a) wish to obtain Topgolf’s permission for any use of Images or the Topgolf Marks or for any other use which is not specifically addressed in the Event Agreement or (b) become aware of any unauthorized use of the Topgolf Marks, please contact press@topgolf.com. Please note that permission is at Topgolf’s sole discretion and may require you to enter into a separate agreement with Topgolf.

10. USE OF YOUR LOGOS, IMAGES, AND MARKS. Topgolf shall not use or display any name, logo, symbol, trademark or tradename owned by (or identified with) you in connection with the Event without your prior written approval.

11. FILMING POLICY. Commercials, corporate social media content, photography, videography, or other promotional messages may not be filmed at the Venue unless you enter into a separate agreement with Topgolf expressly permitting such use. Only small flash photography cameras, point-and-shoot cameras, and cell phones are allowed for filming at the Venue – professional lenses and lenses over 3" are not permitted. A tripod to stabilize the phone/camera is permitted. No drones or audio recorders allowed. To request bringing a professional filming crew or larger camera(s) into the Venue, please send your filming request to press@topgolf.com a minimum of five (5) business days prior to the Event. NOTE: Drones or GoPros may not be attached to any Topgolf property.

12. FORCE MAJEURE. For purposes of the Event Agreement, the term “force majeure” includes strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, unusual transportation delays, riots, hurricanes, floods, blizzards, explosions, earthquakes, fire, or other acts of God, acts of the public enemy, wars, insurrections and/or any other cause outside the reasonable control of either party. In the event either party’s performance is excused due to a force majeure event, you, in your sole discretion, may either (i) apply the full deposit toward a rescheduled Event or (ii) be refunded all deposit amounts in full. You and Topgolf hereby waive any claim for damages or compensation should the Event Agreement be terminated by an act of force majeure.

13. DISEASE OUTBREAK. You agree that if: (i) the World Health Organization, the Centers for Disease Control and Prevention or the Executive Office of the President of the United States restricts travel or issues a travel warning that impacts the Event; (ii) as a result of an epidemic, pandemic or disease outbreak (including COVID-19 and any evolutions, variants or mutations thereof), it becomes impossible for at least 60% of Event Guests to attend the Event; or (iii) Topgolf cannot provide reasonable assurances that it will be able to perform its obligations under this Agreement, then:

14. INSURANCE. Upon execution of the Event Agreement and before commencement of any services, Topgolf reserves the right to require you to provide a certificate of insurance and accompanying endorsements evidencing proof of insurance coverage and policy limits in an amount consistent with industry standards.

15. INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND TOPGOLF EACH AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER PARTY, ITS AFFILIATES, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, FEES, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, COSTS AND EXPENSES (COLLECTIVELY, “CLAIMS”), INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED AS A RESULT OF SUCH CLAIMS, ARISING OUT OF THE ACTIONS OF THE INDEMNIFYING PARTY PURSUANT TO THE EVENT AGREEMENT, INCLUDING BUT NOT LIMITED TO (A) THE INDEMNIFYING PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE PERFORMANCE OR NON-PERFORMANCE OF THE EVENT AGREEMENT, (B) THE INDEMNIFYING PARTY’S BREACH OF ANY REPRESENTATION, WARRANTY, OR OTHER OBLIGATION UNDER THE EVENT AGREEMENT, AND/OR (C) ANY PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY RESULTING FROM THE INDEMNIFYING PARTY’S OR ITS EMPLOYEES’, AGENTS’, REPRESENTATIVES’, CONTRACTORS' AND/OR EVENT GUESTS’ NEGLIGENCE OR WILLFUL MISCONDUCT.

THE INDEMNITY SET FORTH HEREIN SHALL BE PROPORTIONATELY REDUCED TO THE EXTENT THAT THE CLAIMS ARE CAUSED, WHETHER WHOLE OR IN PART, BY THE INDEMNIFIED PARTY.

16. TAX EXEMPTION. To request tax-exempt status in the jurisdiction in which the Event is being held, you must provide Topgolf with a valid tax exemption certificate or other equivalent tax documentation or information acceptable to the relevant tax authority upon booking the Event. Topgolf reserves the right to reject any request in our sole discretion.

You represent and warrant that any tax documentation or information you provide to Topgolf is valid and accurately reflects your tax status, and that you will provide updates as needed to ensure the documentation or information remains accurate at all times. You agree to not use your tax-exempt account for the purchase of goods or services that are not eligible for tax-exempt status. You further agree that if you do not use the goods or services purchased with your tax-exempt account for the purpose for which your tax exemption applies, you will report and pay sales and use taxes directly to the state relating to the products or services to the extent required by law. In order to qualify for exemption, you may be required by law to pay Topgolf using your organization’s payment method (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TOPGOLF HARMLESS FOR ANY AND ALL CLAIMS RELATING TO YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR OBLIGATION SET FORTH IN THIS SECTION.

17. APPLICABLE LAW. To the extent permitted by applicable law, the Event Agreement shall be governed by the internal laws of the State of Texas, without regard to the conflicts of law provisions thereof.

18. DISPUTE RESOLUTION BY BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION.

EXCEPT AS EXPRESSLY NOTED BELOW, ANY DISPUTE BETWEEN YOU AND TOPGOLF ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION TO YOUR EVENT OR YOUR EVENT AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT. The dispute must be arbitrated in accordance with the then-current rules and procedures cited below and under the auspices of the American Arbitration Association (“AAA”), except to the extent the rules and procedures are modified by the Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Your Notice shall be sent by mail to the following address: Topgolf International, Inc., 8750 North Central Expressway, Suite 1200, Dallas, Texas, 75231, Attention: Legal Department; with a copy to: legal@topgolf.com. You must personally sign your Notice. Topgolf’s Notice to you shall be sent to the most recent contact information Topgolf has on file for you. If you and Topgolf do not reach an agreement to resolve the dispute within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Topgolf is entitled.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes of the AAA (the “AAA Rules”), as modified by the Event Agreement, and will be administered by the AAA. The AAA rules are available online at www.adr.org.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

YOU AND TOPGOLF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties agree otherwise, the claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding.

The arbitration shall take place in Dallas County, Texas, unless otherwise agreed by the parties in writing.

Except as may be required by applicable law, neither you nor an arbitrator may disclose the existence, content, or results of any arbitration under this section without the prior written consent of all parties.

Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules as set forth above or, if a different arbitration administrator is selected, its rules. If you are a consumer with a non-commercial dispute, Topgolf will pay any filing, administration, or arbitrator fees the arbitration administrator requires you to pay if, in a writing signed by you: (a) you claim to be unable to afford it; and (b) you demonstrate that you sought, but were unable to obtain, a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.

Except for the enforcement process described below, the decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator is bound by the terms of the Event Agreement. The arbitrator will have no authority or power to: (i) stay the effectiveness of any pending termination of the Event Agreement; (ii) assess punitive or exemplary damages; or (iii) make any award that extends, modifies or suspends any lawful term of the Event Agreement or any reasonable standard of business performance set by Topgolf. The arbitrator must also follow the applicable law and may not disregard the law based on principles of justice or equity which are not a specific part of the applicable law.

A judgment may be entered upon the arbitration award and enforced in accordance with the Federal Arbitration Act and applicable rules of arbitration.

YOU AND TOPGOLF IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.