PLEASE READ CAREFULLY BEFORE SIGNING

You are waiving certain legal rights. They include, without limitation, the waiver of claims, assumption of risk, indemnification and limitation of liability and damages, arbitration, and waiver of class action and jury rights.

Membership Agreement

This Membership Agreement (“Agreement”) is between Smash Factor, LLC (“Smash Factor, LLC”), a California limited liability company located at 3930 Grand Avenue, Chino, California 91710, and you, the Member (“Member” or “you”), who shall be responsible for all members listed on this Agreement or subsequently added (each, including the Member, a “Member”).

Membership Fees and Credit/Debit Card/EFT Authorization

You authorize Smash Factor, LLC, or its agents on its behalf, to automatically and without notice charge your designated credit/debit card or draft from your designated account, or any successor or replacement card or account, for the membership fees in the amount of to be paid on a monthly basis thereafter for any and all amounts due and owing to Smash Factor, LLC, including your then-current month’s fees, any unpaid past fees, and any other fees, taxes or charges from your account(s). If your card or account is rejected or returned unpaid for any reason, you authorize Smash Factor, LLC to resubmit it for payment one or more subsequent times in the future. You agree to notify Smash Factor, LLC promptly of any successor or replacement card or account.

All members on your account are automatically designated as “authorized to charge” and may charge to your account and/or use your card on file for the purchase of products or services at Smash Factor, LLC (subject to the monthly charge limit), unless you change this designation.

YOU ACKNOWLEDGE THE RIGHT TO RECEIVE PRIOR NOTICE OF VARYING TRANSFER AMOUNTS IF YOU AUTHORIZE SMASH FACTOR, LLC OR ITS AGENTS ON ITS BEHALF TO CHARGE YOUR DEBIT CARD OR DRAFT FROM YOUR ACCOUNT ON A MONTHLY BASIS FOR ANY AND ALL AMOUNTS DUE AND OWING TO SMASH FACTOR, LLC, INCLUDING THEN-CURRENT MONTH’S DUES, ANY UNPAID PAST DUES, AND ANY OTHER FEES, TAXES OR CHARGES (SUBJECT TO THE MONTHLY CHARGE LIMIT). HOWEVER, YOU ELECT TO ONLY RECEIVE PRIOR NOTICE OF AN ELECTRONIC FUND TRANSFER FROM YOUR ACCOUNT IF THE MONTHLY CHARGE LIMIT IS EXCEEDED OR SMASH FACTOR, LLC ADJUSTS MONTHLY DUES.

In accordance with Smash Factor, LLC’s Rules and Regulations, you shall be subject to the payment of late fees, collection costs, interest, and attorneys’ fees if you fail to make timely payment of any of the above charges, and this Membership may be suspended, considered delinquent, or terminated without prior notice at the option of Smash Factor, LLC if you fail to pay any charges on their due date. Should this Membership be terminated, you will remain responsible for all unpaid amounts, together with any late fees, collection costs, interest, and attorneys’ fees. In the event that you are due for a refund, you authorize Smash Factor, LLC or its agents on its behalf to refund your designated account.

Membership Agreement

1. Nature of Membership

This Agreement grants a right to use and enjoy Smash Factor, LLC’s golf simulator practice facilities and lounge in accordance with the terms hereof and the Simulator and Lounge Rules (such right of use as so restricted, the “Membership”). A more detailed description of the services, facilities, and hours of access to which Members are entitled can be found on Smash Factor, LLC’s website at https://www.smashfactorlounge.com. This Membership may be ended in accordance with this Agreement and the Simulator and Lounge Rules. In the event of any inconsistency between the terms of this Agreement and the Simulator and Lounge Rules, the terms of this Agreement shall control. This Membership does not grant or carry with it any interest in any Simulator and Lounge, Smash Factor, LLC, or their assets. This Membership does not give any right to any Members to participate in the management or operation of any Simulator and Lounge. This Agreement and this Membership may be revised or amended by Smash Factor, LLC at any time, and you agree to be bound by any future revisions or amendments, which shall be made without prior notice to you, but which will be available for your review on your Membership account page. No Member may assign or transfer this Agreement or his or her Membership rights. Smash Factor, LLC may transfer or assign this Agreement and this Membership and/or the dues or fees payable under this Membership without prior notice to you, in Smash Factor, LLC’s sole and absolute discretion. This Agreement shall be effective on the date you sign or agree to its terms and conditions (“Effective Date”).

2. Membership Categories

(a) Membership Eligibility

This Membership must have an Adult Member who is at least 18 years old, or a child member. If this Membership is for a child member (“Child Member”), a parent or legal guardian of each Child Member must enter and execute all required membership agreements and related agreements. The rights of any Child Members are conditioned upon your compliance with the terms of this Membership. You are responsible for the financial obligations, behavior, and compliance of the Members.

(b) Representations Regarding this Membership

You represent and warrant that (i) you are at least 18 years old; (ii) each Child Member (if any) currently listed or subsequently added is at least five years old and no more than 18 years old; (iv) you are the parent or legal guardian of each Child Member (if any) currently listed or subsequently added. If any of the above representations or warranties ceases to be correct during the term of this Membership, you must immediately notify Smash Factor, LLC so that the appropriate adjustment can be made. If any of the above representations or warranties are incorrect or if you fail to so notify Smash Factor, LLC, then, in addition to any other rights or remedies (including Membership suspension or termination), Smash Factor, LLC may recover from you the amounts that would have been due and owing (plus interest) if prompt notification had been given.

3. Monthly Membership Fees And Charges

The Member can agree to pay the following membership fees as selected in the following Membership Accounts Table, which shall include a monthly recurring charge. Or the Member can pay a one-time fee for a full year of Membership (which will include two months free).

4. Use of Smash Factor LLC Facilities by Members

All Memberships shall be allotted a certain number of credits of golf simulator use per month per membership account. (See Schedule A)

5. Rates for Use of Smash Factor LLC Facilities

Please see terms and conditions in attached Pricing and Rates Sheet.

6. Membership Benefits and Hours of Operation

Please see terms and conditions in attached Schedule A.

7. Adjustments of Membership Fees

Smash Factor, LLC may establish and adjust the amount, manner, and terms of payment of monthly dues for this Membership. Changes in this Membership, including the addition or removal of Members, or a change in Simulator and Lounge membership type, may result in an adjustment in the monthly dues. The obligation to pay dues is not dependent on the availability of all Simulator and Lounge facilities, services, or the Member's frequency of use. Weather, events, league play, repairs, maintenance, holidays, full or partial government-mandated closures or restrictions, and/or other occurrences may make it necessary for Smash Factor, LLC to restrict the use of or close all or portions of the facilities temporarily. Smash Factor, LLC may make permanent changes to the Simulator and Lounges, which may result in the elimination or substitution of certain programs, services, or equipment. Smash Factor, LLC will not reduce or suspend dues when the facilities or services are not available.

8. Taxes

Smash Factor, LLC may apply all federal, state, and local taxes, if any, to all fees, dues, services, and goods sold.

MEMBERSHIP TERMINATION

1. Voluntary Termination

You may terminate this Membership at any time (“Voluntary Termination”), subject to the following. The Voluntary Termination process shall be initiated when you submit and confirm, and we receive, your request to terminate your Membership in person at the Simulator and Lounge facility, by providing written notice of termination by certified mail, return receipt requested, or through Smash Factor, LLC’s website, and all outstanding dues, charges, and administrative fees have been paid in full, subject to the deadlines and terms below. [Note: you may submit and confirm your request to terminate your Membership online at https://www.smashfactorlounge.com.] If providing written notice of termination by certified mail, return receipt requested, the letter must include the following: (i) your first and last names; (ii) your Membership account number; (iii) the first and last name(s) of all other Members on your Membership account; and (iv) your signature. If you fail to submit and confirm your termination request to Smash Factor, LLC and/or pay all outstanding dues, charges, and administrative fees, then you will continue to be charged and obligated to pay the Membership dues in full until the Voluntary Termination is effective. All dues are billed monthly in advance and no dues for the remaining portion of the month in which this Membership ends shall be refunded. Except for terminations subject to California law, your Voluntary Termination will be effective 30 calendar days following the date you submit and confirm, and we receive, your request to terminate, as specified above (e.g., written notice received by us on January 15 will terminate your Membership effective February 14). Any membership dues paid for partial months will be prorated to the effective termination date. The Membership termination procedures described above are subject to applicable state law, as set forth in the notices below.

2. Involuntary Termination or Suspension

In accordance with the Simulator and Lounge Rules, Smash Factor, LLC may terminate or temporarily suspend a Member or this Membership for any or no reason, including if (i) you fail to make timely payments of dues or other charges; (ii) the monthly electronic funds transfer or credit/debit card payments are interrupted or discontinued for any reason and you do not promptly provide an acceptable alternative; (iii) any Member associated with this Membership fails to follow any of the Simulator and Lounge Rules or violates any part of this Agreement; or (iv) Smash Factor, LLC determines that the Member's (or Member's guest's) conduct is improper or harmful to the best interests of Smash Factor, LLC or its members. In the event of an involuntary termination of a Member or this Membership, such termination shall be effective immediately and all applicable amounts due under the account shall be due and owing immediately in accordance with the Simulator and Lounge Rules and the terms hereof, and the Member or this Membership, as applicable, may be ineligible to rejoin this or any other Simulator and Lounge, in Smash Factor, LLC’s sole and absolute discretion.

WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNIFICATION, AND LIMITATION OF LIABILITY AND DAMAGES

1. Waiver of Claims and Assumption of Risk

Each member and guest must have a valid waiver on file to use simulator and lounge facilities and participate in simulator and lounge activities. You acknowledge that using and participating in activities offered at simulator and lounge facilities, or other facilities or locations Smash Factor, LLC uses for its activities, involves a risk of injury, whether caused by Smash Factor, LLC, a member or guest, or someone else. Specific risks, inherent and otherwise, vary from one activity to another, and the risks range from minor injuries, such as cuts or bruises, to major injuries, such as concussions or broken bones, to catastrophic injuries, such as permanent disability or death. There are potential risks that may presently be unknown or unforeseeable. Without limitation, injuries may result from slippery surfaces, equipment malfunction, improper maintenance, inadequate supervision, poor training, failure to warn, and other causes within and outside the control of Smash Factor, LLC. You acknowledge Smash Factor, LLC has no duty to monitor or supervise or provide training for the members’ or guests’ visits to simulator and lounge facilities, or other facilities or locations Smash Factor, LLC uses for its activities, or the use of equipment, hitting bays, and other amenities at simulator and lounge facilities, that Smash Factor, LLC uses for its activities.

You acknowledge the actual or potential presence of pathogens, including, without limitation, viruses (such as COVID 19), bacteria, fungi, and parasites (collectively, “pathogens”) within, on, and around simulator and lounge facilities, or other facilities or locations Smash Factor, LLC uses for its activities, and that using and participating in the activities offered at simulator and lounge facilities, or other facilities or locations Smash Factor, LLC uses for its activities, involves a risk of exposure to and harm from pathogens and resulting communicable diseases, whether caused by or originating from Smash Factor, LLC, a member or guest, or someone else. You acknowledge and agree Smash Factor, LLC cannot prevent you, other members, your spouse, domestic partner, children, relatives or guests from being exposed to, contracting or spreading pathogens or diseases caused by pathogens while utilizing and participating in such activities offered at simulator and lounge facilities, or other facilities or locations Smash Factor, LLC uses for its activities.

In consideration of the members’ and their guests’ right to enter into and participate in the activities offered at simulator and lounge facilities, or other facilities or locations Smash Factor, LLC uses for its activities, you understand and voluntarily assume and accept all of these risks and agree that Smash Factor, LLC, its corporate affiliates, and their respective owners, officers, directors, members, managers, employees, volunteers, agents, and independent contractors (collectively, the “Released Parties”) will not be liable for any injury (personal, bodily, or mental) or death, economic loss or any property damage to the members or their respective spouses, domestic partners, guests, children, or relatives arising out of or relating to the negligence, gross negligence, strict liability or willful misconduct of the Released Parties and/or any third party, whether or not such injury, death, economic loss or damage is related to exercise.

You understand and acknowledge that Smash Factor, LLC (I) does not manufacture fitness or other equipment at its facilities, or other facilities or locations Smash Factor, LLC uses for its activities, but purchases and/or leases the equipment; and (II) is providing recreational services and shall not be liable for defective products. You agree that all use of simulator and lounge facilities, equipment, machines, hitting bays, simulators, and other amenities, all use of other facilities or locations Smash Factor, LLC uses for its activities and its/their respective equipment, machines and other amenities is undertaken by the members at their own risk. Activities can range in difficulty level and you attest on behalf of the members and their guests that each participant is aware of the difficulty level and physically, mentally, and emotionally capable of engaging in the activities.

You understand and acknowledge that, during golf simulator activities involving a minor, a supervising adult member or adult guest, as applicable, must always (1) be within five feet of non-proficient child members and (2) maintain sight of proficient minor child members. You and the other members and your guests will not rely on Smash Factor, LLC staff for the safety of any member or guest involved in golf simulator or other activities. You acknowledge that Smash Factor, LLC is under no obligation to monitor or supervise, or otherwise ensure the safety of, any member or guest engaged in any activity within or outside a hitting bay and lounge facility. Members must always exercise due care and caution and they must directly supervise, and ensure the safety of, their minor members and themselves at all times.

All members are urged to obtain a physical examination from a qualified medical professional and appropriate instruction from trained personnel before using any equipment, machines, hitting bays, simulators, or other amenities, or participating in any other golf and lounge activity, whether at the simulator and lounge facility or otherwise. You consent to Smash Factor, LLC securing and/or providing any and all medical care for members (including transportation to an emergency medical care facility via ambulance or other emergency transport) and accept financial responsibility if such care is given. In connection with your financial responsibility, you represent and warrant you have adequate insurance, or the financial ability to otherwise cover, the costs associated with any injury or damage you or other members or your guests may suffer while using and participating in activities offered at simulator and lounge facilities, or other facilities or locations Smash Factor, LLC uses for its activities, as well as the securing and provision of any and all medical care for you and other members and your guests in the event of an emergency.

2. Indemnification:

In the event that a claim, demand, or lawsuit for injury (personal, bodily, or mental) or death, economic loss, or property damage arising out of or relating to the negligence, gross negligence, strict liability, or willful misconduct of the released parties and/or any third party is made by any member or a member's family or guest, you shall defend, indemnify, and hold harmless (that is, defend and pay, including costs and attorneys’ fees) the released parties from and against such claim, demand, or lawsuit. You shall also defend, indemnify, and hold harmless the released parties from and against any claim, demand, or lawsuit arising out of or relating to any injury (personal, bodily, or mental) or death, economic loss, or property damage involving the negligence, gross negligence, strict liability, or willful misconduct of the members or any of their guests.

3. Limitation of Liability and Damages:

You agree that Smash Factor, LLC is not responsible or liable to members or their guests for any property damaged, lost, or stolen in or about simulator and lounge facilities, including storage areas, lounge, hitting bays, parking areas, or other facilities or locations Smash Factor, LLC uses for its activities. Members and their guests agree not to store any valuable items at the simulator and lounge facilities or automobiles. You are financially responsible for any damage to simulator and lounge property caused by any member or the member's guests and shall reimburse Smash Factor, LLC for such cost upon demand. Under no circumstances shall Smash Factor, LLC be liable to any member or guest for any indirect, consequential, special, or incidental damages. In the event liability is imposed on Smash Factor, LLC for property damage, loss, or theft, the amount awarded shall not exceed $500.

4. Child Members/Parent Guests:

On behalf of any child member or parent guest (a non-member parent of a child member), you assume and accept all risks of injury or loss to yourself or any such child member or guest. By signing this agreement, you waive and release, and agree to indemnify, defend, and hold harmless the released parties from and against any and all claims, demands, and lawsuits that any such child member and/or guest and/or you, including your spouse, domestic partner, heirs, assigns, and next of kin, may have against the released parties for injury (personal, bodily, or mental) or death, economic loss, or property damage arising out of or relating to the negligence, gross negligence, strict liability, or willful misconduct of the released parties and/or any third party. You represent and warrant to Smash Factor, LLC that you have the full legal authority to (I) assume and accept such risks, and waive and release and agree to indemnify, defend, and hold the released parties harmless from such claims, demands, and lawsuits, of all such child members and guests; and (II) act for and on behalf of all the child members and guests. You acknowledge explaining the above activities and risks to any such child members or guests with the mental capacity to understand, and such child members or guests wish to participate in the activities and assume the risks.

5. Survival:

Notwithstanding any other term or provision of this agreement, the terms and provisions of this waiver of claims, assumption of risk, indemnification, and limitation of liability and damages section shall survive any cancellation or termination of this agreement and/or this membership.

6. Arbitration, Waiver of Class Action and Trial-by-Jury Rights:

In the event of any dispute, claim, or controversy (each, a “Dispute”) arising out of or relating to your membership or this agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, you agree to submit the dispute to binding arbitration for resolution. Arbitration means that neither you nor Smash Factor, LLC can sue the other in court, and that a neutral arbitrator will decide the dispute, not a judge or jury. The complaining party shall notify the other party in writing through a demand for arbitration, which shall be made within a reasonable time after the dispute has arisen, but in no event shall it be made after two years from when the aggrieved party knew or should have known of the dispute. This arbitration provision is governed by the Federal Arbitration Act. Arbitration shall be determined in the state where the home simulator and lounge are located; the dispute shall be tendered to the Judicial Arbitration and Mediation Services organization (“JAMS”) office nearest to the home simulator and lounge before one arbitrator and administered by JAMS. If a JAMS office is not located in the state where the home simulator and lounge are located, then the parties shall mutually agree upon the JAMS office geographically nearest to the home simulator and lounge. Unless mandated by applicable law, each party shall bear his or her or its own attorneys’ fees and costs. If it is determined by the arbitrator or a court that any part of the dispute is not subject to arbitration, the parties acknowledge, agree, and stipulate that the part of the dispute that is not subject to arbitration shall be stayed pending resolution of the arbitration. The arbitration award shall be binding, complete, and final, with no right of appeal. The arbitrator shall have the express right and discretion to fashion injunctive or any other form of equitable relief but not the right or discretion to award any indirect, consequential, special, or incidental damages. The parties agree they shall not disclose the existence, content, or result of the arbitration without the prior written consent of both parties. You also accept the above dispute resolution procedure for any dispute between any child member under the age of 18 and Smash Factor, LLC. You may opt out of this arbitration provision by notifying Smash Factor, LLC in writing that you do not want to resolve disputes with Smash Factor, LLC by arbitration. Such notice must be delivered within 30 days of the date you sign this agreement to the following address: Smash Factor LLC, 3930 Grand Ave, Chino, California 91710.

7. Waiver of Class Action and Jury Rights:

By signing this agreement and not timely opting out, you acknowledge and understand that you are waiving rights to a court or jury trial for all of the matters described above. You also agree (i) that you may bring claims only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Smash Factor, LLC is a party to the proceeding.

ADDITIONAL TERMS

1. Applicable Law:

This Agreement and any legal action related to this Membership shall be governed by, construed and enforced according to the laws of the State of California, without reference to choice of law principles.

2. Electronic Delivery of Notices; Electronic Signature:

You agree to electronic delivery of notices, disclosures, statements, and records (collectively, "Documents") relating to this Agreement and your Membership instead of paper form, unless otherwise required by applicable law. Documents eligible for electronic delivery include information regarding dues or fees adjustments, payment processing refusal, service changes, termination, and similar information relating to this Agreement and your Membership. Smash Factor, LLC will deliver electronic Documents by email or via text message to the active email address and/or mobile phone number you have voluntarily, validly, and accurately provided, respectively, and you agree to keep these active and/or update them as necessary on your Membership account page. You agree that no notice shall be required for changes or modifications to this Agreement, and instead, you shall review this Agreement on a regular basis and shall be bound by any changes made to it. The updated Agreement can be found on your Membership account page. You consent to the use of your electronic signature in lieu of, and waive any rights to, an original signature on paper to the fullest extent allowed by applicable law.

3. Telephone Calls and Text Messages:

You agree that Smash Factor, LLC may contact you with respect to amounts you owe Smash Factor, LLC on the phone numbers you have provided and that such contact may be by telephone (including autodialed calls), pre-recorded or artificial message, text message, or other means. You agree to keep those numbers active and/or update them as necessary on your Membership account page. Message, data, and other rates may apply.

4. Marketing Communications:

From time-to-time Smash Factor, LLC may offer you special offers by direct mail, email, telephone, and other methods as permitted by applicable law. You may change your communication preference at any time by following the instructions contained in the marketing communication.

NOTICE REQUIRED BY CALIFORNIA LAW

THE ADDRESS FOR CANCELLATION NOTICES IS AS FOLLOWS: Smash Factor, LLC, 3930 Grand Ave, Chino, CA 91710. YOU MAY ALSO CANCEL ONLINE AT HTTP://WWW.SMASHFACTORLOUNGE.COM. CLICK MEMBERSHIP CHANGE REQUESTS, CLICK CANCEL MEMBERSHIP, AND THEN FOLLOW THE STEPS FROM THERE.

(1) CANCELLATION RIGHTS FOR AGREEMENTS REQUIRING $1,500 OR MORE ARE AS FOLLOWS:

(A) IF THIS AGREEMENT REQUIRES PAYMENT OF $1,500 TO $2,000 (INCLUSIVE), INCLUDING ENROLLMENT FEES OR INITIAL DUES, YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHIN 20 DAYS OF THE EFFECTIVE DATE.
(B) IF THIS AGREEMENT REQUIRES PAYMENT OF $2,001 TO $2,500 (INCLUSIVE), INCLUDING ENROLLMENT FEES OR INITIAL DUES, YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHIN 30 DAYS OF THE EFFECTIVE DATE.
(C) IF THIS AGREEMENT REQUIRES PAYMENT OF $2,501 OR MORE, INCLUDING ENROLLMENT FEES OR INITIAL DUES, YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHIN 45 DAYS OF THE EFFECTIVE DATE.

THIS SECTION SHALL NOT APPLY IF THE AGREEMENT REQUIRES $1,499 OR LESS. IF YOU ARE ENTITLED TO CANCEL UNDER THIS SECTION, YOU ARE ONLY LIABLE FOR THAT PORTION OF THE TOTAL AGREEMENT PAYMENT, INCLUDING ENROLLMENT FEES AND OTHER CHARGES HOWEVER DENOMINATED, THAT HAS BEEN AVAILABLE FOR YOUR USE, BASED UPON A PRO RATA CALCULATION OVER THE TERM OF THE AGREEMENT. THE REMAINING PORTION OF THE AGREEMENT PAYMENT WILL BE RETURNED TO YOU BY SMASH FACTOR, LLC.

(2) IF, BY REASON OF YOUR DEATH OR DISABILITY:

YOU ARE UNABLE TO RECEIVE ALL SERVICES UNDER THIS AGREEMENT, YOU AND YOUR ESTATE WILL BE RELIEVED FROM THE OBLIGATION OF MAKING PAYMENT FOR SERVICES OTHER THAN THOSE RECEIVED PRIOR TO DEATH OR THE ONSET OF DISABILITY, AND IF YOU PREPAID ANY SUM FOR SERVICES, YOU OR YOUR REPRESENTATIVE WILL BE PROMPTLY REFUNDED SO MUCH OF SUCH SUM AS IS ALLOCABLE TO SERVICES YOU HAVE NOT RECEIVED. IN THE CASE OF YOUR DEATH, YOUR ESTATE MUST PROVIDE SMASH FACTOR, LLC WRITTEN EVIDENCE. IN THE CASE OF YOUR DISABILITY, YOUR DISABILITY MUST PHYSICALLY PREVENT YOU FROM USING THE CLUB’S FACILITIES AND YOU MUST PROVIDE SMASH FACTOR, LLC WRITTEN EVIDENCE FROM A LICENSED PHYSICIAN VERIFYING THIS FACT. IF SMASH FACTOR, LLC RECEIVES WRITTEN EVIDENCE OF YOUR DEATH OR DISABILITY WITHIN 30 DAYS OF YOUR DEATH OR THE ONSET OF DISABILITY, CANCELLATION WILL BE EFFECTIVE AS OF THE DATE OF YOUR DEATH OR THE ONSET OF DISABILITY. IF THE NOTICE IS LATE OR LACKS SUFFICIENT PROOF, SMASH FACTOR, LLC MAY MAKE THE CANCELLATION EFFECTIVE AS OF THE DATE IT RECEIVES NOTICE. FOR TEMPORARY PARTIAL DISABILITIES, YOU MAY QUALIFY FOR A MEDICAL LEAVE OF ABSENCE AT THE DISCRETION OF SMASH FACTOR, LLC IN ACCORDANCE WITH THE CLUB RULES.

(3) PERFORMANCE OF THE AGREED-UPON SERVICES (ACCESS TO THE HOME CLUB):

UNDER THIS AGREEMENT WILL BEGIN WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE. IF SMASH FACTOR, LLC DOES NOT PROVIDE THE SERVICES WITHIN SIX (6) MONTHS, YOU MAY CANCEL THIS AGREEMENT UP UNTIL 10 DAYS AFTER THE SERVICES ARE FIRST PROVIDED.

(4) YOU, THE BUYER, MAY CHOOSE TO CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE 5TH BUSINESS DAY OF THE HEALTH STUDIO AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS:

TO CANCEL THIS AGREEMENT, MAIL, EMAIL, OR DELIVER A SIGNED AND DATED NOTICE THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THE NOTICE SHALL BE SENT VIA FIRST-CLASS MAIL, VIA EMAIL FROM AN EMAIL ADDRESS ON FILE WITH THE HEALTH STUDIO OR DELIVERED IN PERSON TO THE ADDRESS SET FORTH AT THE BEGINNING OF THIS NOTICE SECTION. YOU MAY ALSO CANCEL ONLINE AT HTTP://WWW.SMASHFACTORLOUNGE.COM. LOG IN TO YOUR ACCOUNT, CLICK MEMBERSHIP CHANGE REQUESTS, CLICK CANCEL MEMBERSHIP, AND THEN FOLLOW THE STEPS FROM THERE.

(5) THE TERM OF THIS AGREEMENT SHALL BE ON A MONTH-TO-MONTH BASIS UNTIL TERMINATED IN ACCORDANCE WITH THE TERMS HEREOF AND THE SMASH FACTOR MEMBERSHIP RULES.

ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT

BY SIGNING THIS AGREEMENT, YOU:

1. ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND INTEND FOR THEM TO APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW;
2. AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, AND FOR THEM TO BE BINDING UPON OTHER MEMBERS ON YOUR ACCOUNT AND YOUR GUESTS;
3. RECOGNIZE THAT SUBSTANTIAL LEGAL RIGHTS ARE RELINQUISHED HEREIN, INCLUDING THE RIGHT OF FINANCIAL RECOVERY FOR INJURY OR DAMAGE; AND
4. ACKNOWLEDGE THAT YOU HAVE RECEIVED OR HAVE ACCESS TO A PRINTED OR ELECTRONIC COPY OF THIS AGREEMENT.

Member’s Name:

Signature:

Date:

FOR MEMBERS OF MINORITY AGE - (UNDER AGE 18 AT THE TIME OF REGISTRATION) CONSENT AND RELEASE ON BEHALF OF MINOR

I am the parent and/or legal guardian of the above-named minor participant. I have read this agreement thoroughly and understand all the terms. I understand that I am surrendering legal rights on behalf of the minor and myself. I, on behalf of myself and my minor, agree to be bound by all the terms of this agreement and give my consent to allow my minor to participate in the Activities described herein. I release and agree to indemnify and hold harmless the Releasees from any kind and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, even if arising from the negligence of the releases to the fullest extent permitted by law.

Parent/Guardian’s Name:

Relationship to Minor:

Parent/Guardian’s Signature:

Date:

Initial:

Submit

SCHEDULE A - Membership Benefits

Credits

• Early Birdie Credit:
  • Equals 1 hour in a Premium Bay Monday thru Friday from 12PM to 4PM
• Tour Credit:
  • Equals 1 hour in a Premium Bay during hours of operation (early birdie, twilight, and the cut)
• Masters Credit:
  • Equals 1 hour in Luxury Suite during hours of operation (early birdie, twilight, and the cut)

After-hours access to simulators

• Must have an approved tee time via Smash Factor website or application.
• No guests allowed.
• In accordance with membership type
  • Individual, family, and law enforcement/military can access SFR and Premium Bay
  • Corporate members can access Luxury Suites
• Alcohol is unavailable after-hours.

Discounted Rates for simulator rental

• Once all credits have been exhausted in a month, members receive discounted “membership rates” for additional hours of simulator rental.

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