This Yearly Membership Agreement ("Agreement") is entered into by and between Birdie's Golf Lounge Cedar City ("Company") and the individual or entity subscribing to the Yearly Membership ("Member").

1. Membership Terms:

1.1. Membership Type:

The Member agrees to enroll in the Yearly Membership plan, which grants access to 24/7 access to the facility, Priority Access To Bays, Book Up To 2 Hours Of Golf Per Day, Bring 3 People With You Per Booking For Free, Free Entry Into Weekly Leagues, Free Entry in Tournaments ("Membership Benefits") for a period of one (1) year from the Effective Date.

1.2. Monthly Payment:

The Member shall make monthly payments for access to the Membership Benefits.

1.3. Full-Year Commitment:

The Member commits to maintaining the Yearly Membership for a minimum of twelve (12) consecutive months.

1.4. Early Termination:

If the Member chooses to cancel their Yearly Membership before completing the full twelve (12) months, they agree to pay a 50% of their remaining contract. The Member acknowledges that this fee is due upon cancellation and becomes payable immediately.

1.5. Late Fees

If during the course of the membership payment fails on the date the subscription is set for renewal, a 14 day grace period will be granted. After the 14 day grace period a $20 late fee will be applied to the subscription for that month. Any subsequent late payments will be treated the same.

1.6 Failure to Pay

If the Member fails to pay three consecutive monthly payments, the membership will be cancelled and the early termination fee outlined in Section 1.4 will become immediately due.

1.7 Swing Index Access

The Member shall receive full access to the Swing Index coaching platform for the duration of the initial one year Membership term. Upon expiration of this term, access to Swing Index services will end unless the Company elects, at its sole discretion, to offer continued access. The Company is under no obligation to provide Swing Index access after the initial one year term, whether through renewal or otherwise, and any continued access may require additional fees or a separate agreement.

2. Payment:

2.1. Payment Authorization:

By enrolling in the Yearly Membership, the Member authorizes the Company to charge their provided payment method for the monthly fees.

2.2. Payment Responsibility:

The Member is responsible for ensuring that their payment method remains valid and up-to-date for the duration of the Yearly Membership.

2.3. Damages

The Member acknowledges and agrees that they are responsible for any damages to the Company's facilities, equipment, or machinery resulting from improper or negligent use (either from the Member themselves, or from a Member's guest). The Member shall be liable for the cost of repairing or replacing any damaged property or equipment, as determined by the Company's assessment. The Company’s assessment shall be based on reasonable industry-standard repair or replacement costs. The Company reserves the right to charge the Member's provided payment method for the cost of such repairs or replacements.

2.4. Non Refundability

All membership payments are non refundable. This includes monthly fees, late fees, and any amounts paid prior to cancellation. The Member understands and agrees that payments will not be prorated or refunded for periods of non use, absence, or early cancellation except as expressly required by applicable law.

3. Cancellation:

3.1. Cancellation Process:

The Member may cancel their Yearly Membership at any time by notifying the Company in writing or through the designated cancellation process. Cancellations are effective on the date the Company confirms receipt of the Member’s notice. If the Member submits a cancellation notice before their renewal date for the upcoming month, the cancellation will apply to the next billing cycle and no additional renewal fee will be charged. If the Member submits a cancellation notice on or after the renewal date, the renewal fee for that month will be due in full, access will remain active for the remainder of that month, and no refund or proration will be provided.

4. Modifications:

4.1. Amendments:

Amendments become effective upon renewal, unless the change relates to safety, facility access, or legal compliance.

5. Entire Agreement:

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, oral or written.

6. Governing Law:

Any disputes shall be resolved exclusively in the state or federal courts located in UT.

7. Waiver of Liability and Assumption of Risk

7.1. Assumption of Risk
The Member acknowledges that golf activities and use of golf simulator equipment involve inherent risks, including but not limited to physical injury, equipment malfunction, accidental contact with objects or other persons, and strain from repetitive motions. By entering the facility and using the equipment, the Member voluntarily assumes all risks associated with participation in these activities.

7.2. Release of Liability
To the fullest extent permitted by law, the Member releases the Company, its owners, employees, contractors, and affiliates from any and all claims, demands, causes of action, damages, or liability arising from or related to injuries, accidents, or property damage occurring within the facility or resulting from the use of Company equipment or participation in Company activities, whether caused by ordinary negligence or otherwise.

7.3. Indemnification
The Member agrees to indemnify and hold the Company harmless from any claims, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of the Member's or the Member's guests' actions, conduct, negligence, or violation of this Agreement.

7.4. Medical Responsibility
The Member is responsible for monitoring their own physical condition and agrees to seek medical advice before engaging in activities if they have any health concerns. The Company does not provide medical supervision and is not liable for medical conditions or complications arising from participation.