CORPORATE MEMBERSHIP AGREEMENT

This Corporate Membership Agreement ("Agreement") is entered into between Birdie's Golf Lounge Eagle Mountain ("Company") and the business, organization, or other legal entity enrolling in a Corporate Membership ("Corporate Member").

The individual accepting this Agreement on behalf of the Corporate Member represents and warrants that they are authorized to enter into this Agreement and bind the Corporate Member to its terms.

1. CORPORATE MEMBERSHIP

1.1 Corporate Membership

The Corporate Member is enrolling in a corporate membership plan offered by the Company ("Corporate Membership").

The Corporate Membership provides the Corporate Member with access to certain membership benefits, booking privileges, facility access, services, and other benefits associated with the specific plan selected by the Corporate Member ("Membership Benefits").

The specific commercial terms accepted by the Corporate Member, including pricing, Included Hours, billing frequency, commitment term, permitted locations, and any plan-specific benefits or restrictions, are referred to in this Agreement as the "Membership Order."

The Membership Order may consist of a plan selection, order form, proposal, checkout page, written offer, or other written or electronic terms accepted by the Corporate Member.

1.2 Included Hours

The Corporate Membership may include a specified number of golf simulator booking hours during each applicable usage period ("Included Hours").

The Corporate Member may make Included Hours available to its Authorized Users through the Company's designated corporate booking system.

Unless otherwise stated in the Membership Order:

a. Bookings are subject to availability;

b. Included Hours have no cash value;

c. Included Hours may only be used for bookings permitted under the Corporate Membership;

d. Any rollover, expiration, transfer, overage, or additional-hour rules will be governed by the Membership Order; and

e. The Company does not guarantee the availability of any particular bay, time, or location.

1.3 Authorized Users

The Corporate Member may authorize employees, owners, contractors, representatives, clients, or other individuals to use the Corporate Membership ("Authorized Users").

The Corporate Member is responsible for determining who is authorized to use its Corporate Membership and for promptly revoking authorization for any individual who should no longer have access.

The Company may establish reasonable requirements regarding Authorized User identification, verification, booking privileges, or other matters reasonably necessary to administer the Corporate Membership.

1.4 Authorized User Identification

Authorized Users are not required to maintain an individual paid membership in order to use the Corporate Membership.

Access to the Corporate Membership booking calendar is provided exclusively through the PIN-based system described in Section 2.1.

Each Authorized User must provide accurate identifying and contact information when making a reservation, including any information reasonably required by the Company to identify the person responsible for the booking and provide facility access.

1.5 Authorized User Agreement

Before entering the facility or participating in golf or simulator activities through the Corporate Membership, each Authorized User must individually accept the Authorized User Agreement contained in Exhibit A to this Agreement.

The Authorized User Agreement includes the individual's assumption of risk, release of liability, responsibility for damage, facility access obligations, and other terms governing the individual's use of the facility.

Each Authorized User must also comply with the Company's then-current Facility Rules.

Acceptance of this Agreement by the Corporate Member does not replace the requirement that each Authorized User individually accept the Authorized User Agreement.

The Company may prevent or suspend an Authorized User from booking, accessing the facility, or participating until the Authorized User Agreement has been accepted.

1.6 Guests

Each Authorized User may bring up to three (3) additional guests per booking.

All guests, including minors, count toward the three-guest limit.

Guests may participate only during the Authorized User's valid reservation and must comply with applicable Facility Rules.

The Authorized User who made the reservation must remain present with their guests throughout the booking.

Guests are not required to separately execute the Authorized User Agreement or another waiver as a condition of participation.

The Authorized User is responsible for the conduct of their guests as provided in Exhibit A.

The Corporate Member also accepts financial responsibility for damage caused by guests entering or using the facility through the Corporate Membership as provided in Section 4.

1.7 Minors

For purposes of this Agreement, an "Adult" means an individual eighteen (18) years of age or older.

Minors are permitted to enter and use the facility but must be accompanied and supervised by an Adult at all times.

A minor may not independently make a Corporate Membership booking or independently receive or use facility access credentials.

A minor may participate as a guest only while accompanied and supervised by an Adult.

Nothing in this Agreement is intended to waive, release, or limit any right that cannot legally be waived, released, or limited on behalf of a minor.

2. FACILITY ACCESS AND BOOKINGS

2.1 Corporate Booking Access

Corporate Membership bookings must be made through the Company's designated corporate booking system.

Access to the Corporate Membership booking calendar is provided exclusively through the Company's PIN-based access system.

The Corporate Member may provide the applicable corporate booking PIN only to Authorized Users.

The Corporate Member and Authorized Users may not provide the corporate booking PIN to guests, former Authorized Users, or other individuals who are not authorized to use the Corporate Membership.

The Corporate Member is responsible for taking reasonable steps to safeguard its corporate booking PIN and must promptly notify the Company if it knows or reasonably believes that the PIN has been disclosed or used without authorization.

The Company may change, disable, suspend, or replace a corporate booking PIN when reasonably necessary to prevent unauthorized use, protect the facility, or administer the Corporate Membership.

Access to the booking calendar does not itself grant access to the physical facility.

2.2 Facility Access

After a valid booking is made, the Company will provide facility access information by text message to the telephone number associated with the reservation.

The text message will contain a link or other electronic credential that allows the Authorized User to access the facility in connection with the applicable reservation.

The facility access link or credential is intended solely for the Authorized User who made the reservation and may not be forwarded, transferred, posted, or otherwise shared.

Guests must enter the facility with the Authorized User and may not independently use the Authorized User's access link or credentials.

The access link may become active only during the access period established by the Company in connection with the reservation.

Authorized Users may not:

a. Share an access link or credential with another person;

b. Permit an unauthorized person to enter the facility;

c. Permit a guest to remain in the facility without the Authorized User;

d. Prop open, disable, obstruct, or interfere with facility doors or security systems;

e. Circumvent the Company's booking, PIN, payment, access-control, or security systems; or

f. Enter or remain in the facility outside of an authorized access period except with Company permission.

2.3 Facility Rules

The Corporate Member and its Authorized Users agree to comply with all reasonable Facility Rules established by the Company.

Facility Rules may address safety, equipment use, conduct, guests, alcohol, food, cleanliness, access, security, minors, simulator operation, and other matters reasonably related to operation of the facility.

The Company may update Facility Rules from time to time as reasonably necessary.

Facility Rules do not modify the Corporate Member's pricing, commitment term, Included Hours, or other material commercial terms except as expressly permitted under this Agreement.

2.4 Security and Monitoring

The Corporate Member acknowledges that Company facilities may utilize video surveillance, access-control systems, booking records, equipment monitoring, and other security or monitoring systems.

Such systems may be used for purposes including:

a. Safety;

b. Security;

c. Access control;

d. Investigating incidents;

e. Enforcing this Agreement and Facility Rules;

f. Protecting Company property;

g. Investigating unauthorized access; and

h. Determining responsibility for damage.

Any collection, storage, or use of personal information will remain subject to applicable law and the Company's applicable privacy practices.

3. PAYMENT

3.1 Membership Fees

The Corporate Member agrees to pay all fees associated with the Corporate Membership according to the pricing and payment schedule contained in the Membership Order.

The commitment term and billing frequency are separate unless the Membership Order expressly provides otherwise.

For example, a Corporate Membership may have a twelve-month commitment while being paid through monthly installments.

For purposes of this Agreement, an installment payment made during an existing commitment term is not considered a renewal of the Corporate Membership.

3.2 Payment Authorization

If the Corporate Member provides a payment method to the Company, the Corporate Member authorizes the Company to charge that payment method for recurring or scheduled membership payments and other amounts properly due under this Agreement.

Damage-related charges remain subject to the notice provisions contained in Section 4.4.

The Company may permit approved Corporate Members to pay by invoice or another agreed-upon payment method.

3.3 Payment Responsibility

The Corporate Member is responsible for ensuring that its payment information remains valid and current and that all invoices and other amounts due are paid when required.

3.4 Late Payments

If a scheduled payment is not successfully received on the applicable due date, the Corporate Member will receive a fourteen (14) day grace period.

If payment remains outstanding after expiration of the fourteen-day grace period, the Company may assess a $20 late fee for that payment.

Each subsequent late payment may be subject to the same grace period and late fee.

The Company may suspend booking privileges and facility access if a payment remains outstanding after expiration of the applicable fourteen-day grace period.

3.5 Failure to Pay

If a Corporate Membership is being paid through recurring installment payments and the Corporate Member fails to make three consecutive required installment payments, the Company may terminate the Corporate Membership.

If the Corporate Membership is subject to a fixed commitment term, the early termination amount described in Section 7.4 may become immediately due upon such termination.

Nothing in this Section prevents the Company from suspending booking privileges or facility access earlier as provided in Section 3.4.

4. DAMAGE TO COMPANY PROPERTY

4.1 Corporate Member Responsibility

The Corporate Member accepts financial responsibility for damage to the Company's facilities, golf simulators, launch monitors, projectors, computers, screens, hitting mats, furniture, fixtures, machinery, access systems, or other property caused by:

a. The Corporate Member;

b. An Authorized User;

c. A guest of an Authorized User; or

d. Any person who gains access to the facility through the Corporate Membership, corporate booking PIN, reservation, or facility access credentials.

This responsibility applies to damage resulting from negligent, reckless, intentional, unauthorized, or improper use or conduct.

Ordinary wear and tear is excluded.

4.2 Authorized User and Corporate Member Responsibility

An Authorized User whose conduct causes damage to Company property is individually responsible for the reasonable cost of repairing or replacing the damaged property.

An Authorized User is also responsible for damage caused by their guests as provided in Exhibit A.

The Corporate Member independently accepts financial responsibility for damage caused by:

a. Its Authorized Users;

b. Guests of its Authorized Users; and

c. Any person who gains access to the facility through the Corporate Membership, corporate booking PIN, reservation, or facility access credentials.

The Company's rights against the Corporate Member are independent of its rights against the Authorized User or another responsible person.

The Company may seek payment from the responsible Authorized User, the Corporate Member, or both.

The Company is not required to first seek payment from, pursue, sue, obtain judgment against, or exhaust collection efforts or legal remedies against an Authorized User before seeking payment from the Corporate Member.

The Company may not recover more than the total amount of the applicable damage, loss, and recoverable costs.

4.3 Cost of Damage

Amounts charged for damage may include reasonable costs associated with:

a. Repair;

b. Replacement;

c. Parts;

d. Labor;

e. Service calls;

f. Installation;

g. Shipping;

h. Calibration;

i. Cleanup; and

j. Other direct costs reasonably incurred as a result of the damage.

Where repair is reasonably practical, the Company will not charge the full replacement cost merely because replacement would be preferable.

4.4 Collection of Damage Charges

The Company may invoice the Corporate Member for amounts properly due under this Section.

If permitted by applicable law, applicable payment processor rules, and the Corporate Member's payment authorization, the Company may charge a payment method maintained by the Corporate Member for damage-related amounts after providing reasonable notice of the damage and anticipated charge.

Upon reasonable request, the Company will provide reasonable documentation supporting material repair or replacement charges.

5. ASSUMPTION OF RISK AND INDIVIDUAL PARTICIPATION

5.1 Risks of Golf Activities

The Corporate Member acknowledges that golf, golf practice, simulator use, and related recreational activities involve inherent and other risks.

Such risks may include:

a. Being struck by golf clubs or golf balls;

b. Accidental contact with other participants or objects;

c. Slips, trips, and falls;

d. Equipment malfunction;

e. Improper equipment use;

f. Muscle strains and other physical injuries;

g. Objects rebounding from screens, walls, floors, ceilings, equipment, or other surfaces; and

h. Injuries resulting from the conduct of other participants or guests.

5.2 Authorized Users

Each Authorized User individually assumes applicable risks and releases certain claims through the Authorized User Agreement contained in Exhibit A.

The Corporate Member acknowledges that participation by Authorized Users and guests is voluntary.

5.3 Guests

Guests do not become parties to this Agreement or Exhibit A merely by accompanying an Authorized User.

Nothing in this Agreement represents that the Corporate Member or Authorized User has waived personal injury claims belonging exclusively to a guest.

6. CORPORATE MEMBER RELEASE OF LIABILITY

6.1 Corporate Member Release

To the fullest extent permitted by applicable law, the Corporate Member releases and agrees not to pursue claims belonging to the Corporate Member against the Company and its owners, members, managers, employees, agents, contractors, affiliates, licensors, and representatives ("Released Parties") arising from the Corporate Member's use of the facility or Membership Benefits, including claims arising from the ordinary negligence of a Released Party.

This release does not apply to liability that cannot lawfully be waived or released.

6.2 Individual Claims

Each Authorized User's assumption of risk and release of liability is contained in Exhibit A.

Nothing in this Agreement is intended to represent that the Corporate Member may waive personal injury claims belonging exclusively to an Authorized User or guest.

7. TERM, RENEWAL, AND CANCELLATION

7.1 Commitment Term

The Corporate Member agrees to maintain the Corporate Membership for the commitment term stated in the Membership Order.

The commitment term may be month-to-month, two months, six months, twelve months, or another agreed-upon period.

The billing frequency may be different from the commitment term.

7.2 Renewal

If the Membership Order provides for automatic renewal, the Corporate Membership will renew at the end of the applicable commitment term or renewal period unless canceled in accordance with this Agreement.

A scheduled installment payment during an existing commitment term is not a renewal.

7.3 Month-to-Month Memberships

A month-to-month Corporate Membership may be canceled at any time.

If a valid cancellation request is received before the next scheduled renewal occurs, the cancellation will prevent the next renewal.

Access will continue through the end of the then-current paid membership period unless the parties agree otherwise or access is suspended or terminated under another provision of this Agreement.

Payments already made are nonrefundable except as required by applicable law.

Cancellation does not create a refund or credit for unused time or Included Hours during the current paid period.

7.4 Fixed-Term Memberships

If the Corporate Member voluntarily cancels a fixed-term Corporate Membership before completion of the agreed commitment term, the Corporate Member agrees to pay an early termination amount equal to fifty percent (50%) of the remaining membership fees that otherwise would have become due through the end of the commitment term.

Unless otherwise agreed in writing, access will continue through the end of the then-current paid billing period and will then terminate.

The early termination amount becomes due upon termination of access or at another time reasonably designated by the Company.

The parties acknowledge that this amount is intended to reasonably compensate the Company for costs, commitments, lost revenue, and other losses associated with early termination and is not intended as a penalty.

7.5 Cancellation Procedure

The Corporate Member may request cancellation by contacting the Company by:

a. Email;

b. Text message; or

c. Telephone.

A cancellation request is deemed submitted when received by the Company, provided the Company can reasonably verify the identity of the Corporate Member and identify the Corporate Membership being canceled.

The Company will provide confirmation after processing the cancellation.

The timing and financial effect of the cancellation will be determined under Section 7.3 or 7.4, as applicable.

The Corporate Member is responsible for providing sufficient identifying information for the Company to locate and verify the applicable Corporate Membership.

7.6 Suspension or Termination of an Authorized User

The Company may suspend or terminate an Authorized User's access if the Authorized User:

a. Violates Facility Rules;

b. Misuses Company equipment;

c. Creates a safety risk;

d. Causes significant or repeated damage;

e. Permits unauthorized access;

f. Shares a booking PIN or facility access credential with an unauthorized individual;

g. Engages in unlawful conduct on Company property; or

h. Materially violates Exhibit A or other terms governing use of the facility.

Where reasonably appropriate, the Company may suspend or terminate an individual Authorized User's privileges without terminating the entire Corporate Membership.

7.7 Suspension or Termination of the Corporate Membership

The Company may suspend or terminate the Corporate Membership for:

a. Nonpayment as provided in Sections 3.4 and 3.5;

b. Fraud;

c. Material or repeated violations of this Agreement;

d. Abuse of booking privileges;

e. Unauthorized sharing, transfer, or resale of Membership Benefits;

f. Repeated unauthorized facility access;

g. Conduct that materially threatens the safety of persons or property; or

h. Another material breach of this Agreement.

If the Company terminates a fixed-term Corporate Membership because of a material breach by the Corporate Member or its Authorized Users, the early termination amount described in Section 7.4 may become due.

Termination by the Company does not eliminate amounts already owed under this Agreement.

8. NONREFUNDABILITY

Except as otherwise expressly stated in this Agreement or required by applicable law, membership fees, late fees, early termination amounts, and other amounts properly paid under the Corporate Membership are nonrefundable.

Payments will not be prorated or refunded because of:

a. Non-use;

b. Employee or personnel turnover;

c. Failure of Authorized Users to book available hours;

d. Absence;

e. Failure to use Included Hours;

f. Suspension of a particular Authorized User for violation of applicable rules; or

g. Early cancellation.

Nothing in this Section limits any refund or remedy required by applicable law.

9. INDEMNIFICATION

9.1 Corporate Member Indemnification

To the fullest extent permitted by applicable law, the Corporate Member agrees to indemnify and hold harmless the Company and its owners, members, managers, employees, agents, contractors, affiliates, and representatives from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising from:

a. The acts or omissions of the Corporate Member;

b. The conduct of an Authorized User or their guest;

c. Unauthorized access caused, enabled, or permitted by the Corporate Member or an Authorized User;

d. Improper sharing of a corporate booking PIN or facility access credential;

e. Misuse of Company facilities or equipment; or

f. A material violation of this Agreement or Facility Rules by the Corporate Member, an Authorized User, or their guest.

This provision does not require the Corporate Member to indemnify a party for conduct to the extent such indemnification is prohibited by applicable law.

9.2 Authorized User Indemnification

The Authorized User's individual indemnification obligations are contained in Exhibit A.

10. MEDICAL RESPONSIBILITY

The Company does not provide medical supervision.

Each Authorized User and guest is responsible for determining whether they are physically capable of participating in golf or related activities.

In the event of an emergency, the Company or another person may contact emergency services.

The Company does not guarantee that an employee, representative, or other person will be physically present or available to provide medical assistance.

11. NO EMPLOYMENT OR AGENCY RELATIONSHIP

Nothing in this Agreement creates an employment, partnership, joint venture, agency, franchise, fiduciary, or similar relationship between the Company and the Corporate Member or between the Company and an Authorized User.

Authorized Users are not employees or agents of the Company merely because they use Membership Benefits.

12. MODIFICATIONS

The Company may modify terms governing future renewal periods of the Corporate Membership by providing reasonable notice to the Corporate Member.

Material changes to pricing, commitment terms, or fundamental Membership Benefits will ordinarily become effective upon renewal unless otherwise agreed in writing.

The Company may make changes that become effective sooner when reasonably necessary for:

a. Safety;

b. Security;

c. Facility access;

d. Equipment protection;

e. Fraud prevention;

f. Legal or regulatory compliance; or

g. Emergency circumstances.

The Company may update Facility Rules from time to time as provided in Section 2.3.

13. ELECTRONIC TRANSACTIONS

The Corporate Member agrees that this Agreement, the Membership Order, and related records may be presented, accepted, signed, stored, and delivered electronically.

Electronic acceptance, including clicking an acceptance button, checking an agreement box, applying an electronic signature, or taking another electronic action clearly indicating agreement, constitutes acceptance to the extent permitted by applicable law.

Electronic records maintained by the Company may be used to demonstrate acceptance of this Agreement.

14. NOTICES

Except for cancellation requests, notices under this Agreement may be provided electronically to the email address, telephone number, account, or other contact information maintained by the Corporate Member.

The Corporate Member is responsible for maintaining current contact information.

Cancellation requests must be submitted in accordance with Section 7.5.

15. GOVERNING LAW AND VENUE

This Agreement will be governed by the laws of UT, without regard to conflict-of-law principles.

To the extent permitted by applicable law, any legal proceeding arising from or relating to this Agreement shall be brought exclusively in the state or federal courts having jurisdiction over the geographic area in which the applicable Birdie's Golf Lounge Eagle Mountain facility is located.

The parties consent to the personal jurisdiction of those courts.

16. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The invalidity or unenforceability of one provision will not affect the enforceability of the remaining provisions.

17. NO WAIVER

A failure by the Company to enforce any provision of this Agreement on one occasion does not waive the Company's right to enforce that provision or any other provision in the future.

A waiver is effective only to the extent expressly provided by the party granting it.

18. ASSIGNMENT

The Corporate Member may not assign or transfer this Agreement or sell, transfer, or resell the Corporate Membership or Membership Benefits without the Company's prior written consent.

The Company may assign this Agreement in connection with a sale, transfer, reorganization, merger, or other transfer of the applicable business or facility.

19. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

This Agreement, together with the Membership Order and Exhibit A, constitutes the agreement governing the Corporate Membership and the use of Membership Benefits.

The Company's Facility Rules apply to use of the facility but are not a separate membership contract.

This Agreement supersedes prior oral or written understandings between the Company and Corporate Member regarding the same subject matter.

If a Membership Order expressly states that one of its provisions overrides a provision of this Agreement, the expressly conflicting provision of the Membership Order will control.

In the event of a conflict between this Agreement and the Facility Rules, this Agreement will control, except that reasonable safety, security, facility-access, and equipment-protection requirements adopted under Sections 2.3 and 12 will control with respect to use of the facility.

Exhibit A governs the individual obligations, conduct, assumption of risk, release of liability, and responsibility of each Authorized User.

20. CORPORATE AUTHORITY AND ACCEPTANCE

By accepting this Agreement, the individual accepting on behalf of the Corporate Member represents and acknowledges that:

a. They have authority to bind the Corporate Member;

b. The Corporate Member has reviewed and accepts this Agreement;

c. The Corporate Member understands that Authorized Users must separately accept Exhibit A;

d. The Corporate Member accepts the financial responsibilities described in this Agreement;

e. The Corporate Member accepts financial responsibility for qualifying damage caused through its Corporate Membership as described in Section 4;

f. The Corporate Member understands that the Company is not required to first pursue an Authorized User before seeking amounts owed by the Corporate Member; and

g. The Corporate Member agrees to the pricing, billing frequency, commitment term, Included Hours, and other Membership Benefits contained in the Membership Order.

EXHIBIT A

AUTHORIZED USER AGREEMENT

This Authorized User Agreement ("User Agreement") applies to each individual who uses Corporate Membership benefits provided by Birdie's Golf Lounge Eagle Mountain ("Company").

By accepting this User Agreement, the individual ("User") agrees as follows:

1. AUTHORIZED USE

The User may use Corporate Membership benefits only while the User remains authorized by the applicable Corporate Member and only in accordance with applicable booking limits, Membership Benefits, and Facility Rules.

Corporate Membership benefits are not owned by the User and may be modified, suspended, or revoked by the Corporate Member or Company as permitted by the Corporate Membership Agreement.

The User must provide accurate identifying and contact information when making a reservation.

2. BOOKING AND FACILITY ACCESS

The User may access the applicable Corporate Membership booking calendar only through the corporate PIN authorized by the Corporate Member.

The User may not provide the corporate booking PIN to a guest or another person who is not an Authorized User.

Following a valid booking, the Company will provide facility access information by text message to the telephone number associated with the reservation.

The facility access link or credential is for the User's use only and may not be forwarded, transferred, posted, or shared with another person.

Guests must enter the facility with the User.

The User may not permit an unauthorized individual to enter or remain in the facility through the User's reservation or access credentials.

3. FACILITY RULES

The User agrees to follow all Company Facility Rules, safety requirements, equipment instructions, booking requirements, and access-control requirements.

The User will not:

a. Share facility access credentials;

b. Permit unauthorized facility access;

c. Intentionally or improperly misuse equipment;

d. Prop open or interfere with facility doors;

e. Interfere with security or access-control systems; or

f. Circumvent Company booking, PIN, access, or security systems.

4. GUESTS

The User may bring up to three (3) guests per booking.

All guests, including minors, count toward the three-guest limit.

The User must remain present with their guests throughout the reservation.

Guests are not required to separately sign or accept this User Agreement.

The User is responsible for ensuring that their guests comply with applicable Facility Rules.

The User is responsible for the conduct of their guests as otherwise provided in this User Agreement.

5. MINORS

A minor may enter and participate at the facility only while accompanied and supervised by an Adult who is eighteen (18) years of age or older.

A minor may not independently make a Corporate Membership booking or independently use facility access credentials.

The User agrees to ensure that any minor accompanying the User remains appropriately supervised while at the facility.

Nothing in this User Agreement is intended to waive or release any right that cannot legally be waived or released on behalf of a minor.

6. RESPONSIBILITY FOR DAMAGE

The User is financially responsible for damage to Company property caused by the User's negligent, reckless, intentional, unauthorized, or improper conduct or use.

The User is also financially responsible, to the extent permitted by applicable law, for damage caused by guests the User brings into the facility.

Ordinary wear and tear is excluded.

Reasonable damage charges may include repair, replacement, parts, labor, service calls, installation, shipping, calibration, cleanup, and other direct costs reasonably incurred as a result of the damage.

The User acknowledges that the applicable Corporate Member has independently accepted financial responsibility for qualifying damage caused through the Corporate Membership.

The Company's right to seek payment from the Corporate Member does not eliminate the User's individual responsibility for damage caused by the User or the User's guests.

The Company may seek payment from the User, the Corporate Member, or both, but may not recover more than the total amount of the applicable damage, loss, and recoverable costs.

7. ASSUMPTION OF RISK

The User understands that golf, golf practice, golf simulator use, and related recreational activities involve inherent and other risks that may result in property damage, bodily injury, disability, or death.

Risks may include, without limitation:

a. Being struck by a golf club or golf ball;

b. Being struck by an object rebounding from simulator equipment or surrounding surfaces;

c. Accidental contact with other persons or objects;

d. Slips, trips, and falls;

e. Equipment malfunction;

f. Improper equipment use;

g. Muscle strains and repetitive-motion injuries;

h. Actions of other participants or guests; and

i. Other risks ordinarily associated with golf and recreational activities.

The User voluntarily chooses to participate and knowingly assumes the risks inherent in such participation.

8. RELEASE OF LIABILITY FOR ORDINARY NEGLIGENCE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER RELEASES, WAIVES, AND AGREES NOT TO SUE Birdie's Golf Lounge Eagle Mountain, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, AND REPRESENTATIVES FOR CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE USER'S PARTICIPATION IN GOLF ACTIVITIES OR USE OF THE FACILITY, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL MISCONDUCT, OR OTHER LIABILITY THAT CANNOT LAWFULLY BE RELEASED.

THE USER ACKNOWLEDGES THAT THIS SECTION AFFECTS IMPORTANT LEGAL RIGHTS AND THAT THE USER HAS BEEN GIVEN AN OPPORTUNITY TO REVIEW IT BEFORE PARTICIPATING.

This release applies only to claims belonging to the User. It does not purport to waive claims belonging exclusively to a guest or minor.

9. USER INDEMNIFICATION

To the fullest extent permitted by applicable law, the User agrees to indemnify and hold harmless the Company and its owners, members, managers, employees, agents, contractors, affiliates, and representatives from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees resulting from:

a. The User's conduct;

b. The User's violation of Facility Rules;

c. The User's unauthorized or improper use of Company property;

d. Unauthorized access caused or permitted by the User;

e. Improper sharing of a booking PIN or facility access credential; or

f. The conduct of the User's guests.

This provision does not require the User to indemnify a party to the extent such indemnification is prohibited by applicable law.

10. MEDICAL RESPONSIBILITY

The User is responsible for evaluating their own physical condition and determining whether participation is appropriate.

The Company does not provide medical supervision.

In the event of an emergency, emergency services may be contacted, but the Company does not guarantee that an employee or representative will be physically present or available to provide medical assistance.

11. SECURITY AND MONITORING

The User understands that the facility may utilize video surveillance, access-control records, booking records, equipment monitoring, and other security or monitoring systems.

Such systems may be used for safety, security, facility management, enforcement of Facility Rules, investigation of unauthorized access, and investigation of incidents or damage, subject to applicable law.

12. SUSPENSION OR REVOCATION OF ACCESS

The Company may suspend or revoke the User's Corporate Membership privileges if the User:

a. Violates Facility Rules;

b. Misuses Company equipment;

c. Creates a safety risk;

d. Causes significant or repeated damage;

e. Permits unauthorized access;

f. Shares booking or facility access credentials with an unauthorized person;

g. Engages in unlawful conduct on Company property; or

h. Materially violates this User Agreement.

Suspension or revocation of the User's access does not necessarily terminate the applicable Corporate Membership.

13. ELECTRONIC ACCEPTANCE

The User agrees that electronically checking an acceptance box, clicking an acceptance button, signing electronically, or otherwise electronically indicating acceptance constitutes the User's agreement to this User Agreement to the extent permitted by applicable law.

Electronic records maintained by the Company may be used to demonstrate acceptance of this User Agreement.

14. GOVERNING LAW AND VENUE

This User Agreement is governed by the laws of UT, without regard to conflict-of-law principles.

To the extent permitted by applicable law, any legal proceeding arising from or relating to this User Agreement shall be brought in the state or federal courts having jurisdiction over the geographic area in which the applicable Birdie's Golf Lounge Eagle Mountain facility is located.

15. SEVERABILITY

If any provision of this User Agreement is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in effect.

16. ACKNOWLEDGMENT

By accepting this User Agreement, the User acknowledges that the User:

a. Has read and understands this User Agreement;

b. Understands that golf and simulator activities involve risk;

c. Voluntarily chooses to participate;

d. Agrees to follow Company Facility Rules;

e. Agrees not to share booking or facility access credentials with unauthorized persons;

f. Accepts responsibility for damage caused by the User and, as provided herein, the User's guests;

g. Understands that the Corporate Member may also be financially responsible for such damage;

h. Understands that guests do not separately accept this User Agreement; and

i. Understands that the Release of Liability affects important legal rights.