Back Nine Facility Use Agreement

By paying for the services offered at a Back Nine facility, and/or by accessing the Back Nine website, and/or by creating an account through the Back Nine website, you, the “Customer”, hereby agree to the terms and conditions listed in this Agreement.

Back Nine Golf Group, LLC d.b.a. The Back Nine is a Utah limited liability company which owns and operates one or more indoor golf simulator locations and also holds an arm’s length business and franchise relationship with many franchise locations in the United States (hereafter referred to as the “COMPANY”). The franchise locations are each owned and operated independent of the others (the “FRANCHISE LOCATION”).

You agree to be bound by this Agreement, which is strictly between you, the Customer, and the specific FRANCHISE LOCATION where you pay money for services or otherwise access the premises. You expressly agree to the terms of this Agreement (a separate agreement from the Terms and Conditions between you and COMPANY). COMPANY shall not be a party to this Agreement and your remedies, if any, shall solely and exclusively be between you and the specific FRANCHISE LOCATION you conduct business with. This Agreement involves you and your specific FRANCHISE LOCATION only.

Definitions

For purposes of this Agreement:

• “Customer” means any individual who purchases or uses a Membership, books or participates in a tee time, participates in a demo or promotional session, uses or accesses any simulator or other equipment, or otherwise enters upon or uses the premises of a FRANCHISE LOCATION, including without limitation Members, walk-in/public users, guests, and demo users.
• “Member” means a Customer who has purchased a Membership as described in Section 1 below.

1. Memberships

FRANCHISE LOCATION currently offers monthly and annual memberships at select locations. These memberships will collectively be referred to as “Memberships” in this Agreement. A Customer must be 18 to purchase recurring monthly or annual Memberships as listed below in Sections 3a, 3b, 3c & 3d hereto.

2. Membership Terms

If you purchase a Membership, you will be subject to the terms and conditions contained in this Agreement that are specific to Memberships. If you choose a Membership, you agree that as a condition of your continued Membership at FRANCHISE LOCATION, you authorize FRANCHISE LOCATION or its agent to charge your Payment Card the Membership Fee (plus applicable taxes), in effect from time to time and which may change, on each monthly periodic anniversary date of your Membership, until your Membership is canceled, as set forth in Paragraph 20 below.

For example, if your Membership began on June 19, your periodic anniversary date is the 19th of each month, and your Payment Card will be charged for the Membership Fee on that date each month. If your monthly periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid Membership started on the 31st day of a month), your Payment Card will be charged on the last day of that month.

You will not be provided with copies of charge slips evidencing the recurring charges of the Membership Fee unless requested. You agree to pay the Membership Fee (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize FRANCHISE LOCATION to charge your Payment Card for any other charges you may incur associated with your Membership. You further agree to pay any applicable renewal fees, activation fees, or club maintenance fees, as may be implemented from time to time by FRANCHISE LOCATION.

3. Membership Benefits

FRANCHISE LOCATION reserves the right to choose which Membership benefits are available only to the individual Member. These Membership Benefits may be modified at any time in the FRANCHISE LOCATION’S sole and absolute discretion.

3(a). Annual Unlimited Memberships

Annual Unlimited Memberships begin as an initial twelve (12) month term (the “Annual Membership Initial Term”) that, if not terminated at the end of the initial 12-month period, continue as a year-to-year Membership for the convenience of the Member until terminated in accordance with this Agreement. The Membership application fee and 12-month Pre-Paid Membership Fee is due upon signing. Pre-Paid annual fees are non-refundable.

Each Membership account purchased is good for one Member and their guests (as set forth on the website and checkout pages). Each Membership account can only be used in one location at a time, unless otherwise offered by FRANCHISE LOCATION or other participating cross play locations. The Member must be present with guests at all times. Unlimited Members may book tee times according to the frequency and length allowable under the Member’s membership. Members may only hold one active tee time at any given time, unless otherwise specified or allowed in writing by FRANCHISE LOCATION. Members may not give their access code to any other individuals under any circumstance.

3(b). Month-to-Month Unlimited Memberships

Month-to-month Unlimited Memberships begin as an initial one (1) month term (the “Membership Initial Term”) that, if not terminated at the end of the initial 1-month period, continue as a month-to-month Membership for the convenience of the Member until terminated in accordance with this Agreement. The Membership application fee and first month Membership fee, where applicable, is due upon signing. Pre-Paid monthly fees are non-refundable.

Each Membership account purchased is good for one individual Member and their guests (as set forth on the website and checkout page for each Membership type, and as required or allowed by the FRANCHISE LOCATION from time to time). Each Membership account can only be used in one location at a time. Member must be present with guests at all times. Members may only hold one active tee time at any given time, unless otherwise allowed by FRANCHISE LOCATION in writing. Members may not allow access to any other individuals under any circumstance, unless Member is present at the facility during all times Member’s guests are present at the facility.

3(c). Multi-Month Commitments – Paid Monthly

Multi-Month Commitment Memberships begin as an initial three (3), six (6), or twelve (12) month term (the “Multi-Month Commitment Initial Term”) that, if not terminated at the end of the period, continue as automatically renewed terms for the same number of months as the Multi-Month Commitment Initial Term.

The Membership application fee and Multi-Month Commitment Membership Fee is due monthly in separate payments. Pre-Paid monthly or annual fees are non-refundable. Each Membership account purchased is good for one Member and their guests (as set forth in the membership type on the website or at checkout, or as otherwise required or allowed by the FRANCHISE LOCATION). Each Membership account can only be used in one location at a time. Member must be present with guests at all times.

In the event a Member cancels a Multi-Month Commitment prior to the completion of the Multi-Month term, the Member shall pay an early termination fee equal to two (2) additional months of services at the same rate previously paid by the Member.

3(d). Corporate Memberships

Corporate Memberships are available as monthly Memberships or as an annual twelve (12) month term (the “Corporate Membership Initial Term”) that, if not terminated at the end of the initial period, continue as annual or monthly Memberships.

Corporate Memberships allow the Membership entity a specific number of authorized users (each of whom is a “Customer” under this Agreement) to be able to access the space, subject to all other terms in this Agreement.

In the event a corporate Member cancels a Corporate Membership that is a 12-month commitment prior to the completion of the 12-month term, the Member shall pay an early termination fee equal to two (2) additional months of services at the same rate previously paid by the Member.

3(e). Corporate Advertising Memberships

Corporate Advertising Memberships are available, strictly with advertising options, or as a hybrid of advertising options paired with the use of the simulators. Pricing may vary, and FRANCHISE LOCATION and corporate Member may agree to a variety of specific terms, to be outlined on the final page of this Agreement upon signing through the website checkout.

In the event a Member cancels a Corporate Advertising Membership that is a 12-month commitment prior to the completion of the 12-month term, the Member shall pay an early termination fee equal to two (2) additional months of services at the same rate previously paid by the Member.

3(f). Limited Session Members – Punch Passes

Limited Session Memberships or punch passes are available. Purchased sessions are valid for 12 months from the date of purchase and can be used according to the limits of the Membership. Additional sessions may be purchased at the current per-session rate.

4. Customer Guests

Members may bring a certain amount of guests per visit, according to their specific membership type. All such guests are also Customers under this Agreement while on the premises. Members are responsible for all of their guests, and it is the Member’s responsibility to require that Member guests sign The Back Nine guest waiver (or Member Guest Waiver) to be on the premises. Guests under 18 must be accompanied by a parent or legal guardian. Guests must be accompanied by the Member at all times. Members may not share their access with anyone or leave guests unattended.

Regardless of whether a guest signs the Guest Waiver, the Member agrees to wholly indemnify FRANCHISE LOCATION from any potential claims of liability, including negligence, wrongful death, accidental or tort liability, accidental damage to equipment and premises, and/or any other guest, user, member or individual while on the premises.

5. Payment Cards

Customers purchasing Memberships may use VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit cards through the FRANCHISE LOCATION website for any Membership. Any such credit or check card shall be referred to as the “Payment Card”.

You authorize FRANCHISE LOCATION to place a pending charge to your Payment Card when you sign up for any Membership and prior to each subsequent periodic charge for Membership. Pending charges are used to verify your billing address and validity of your Payment Card, are temporary, and will not be converted into an actual charge to you.

6. Payment

6(a). Monthly Billing

Fees relating to your Payment Card. You, as a Member, are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution. Cash or check will not be accepted for monthly billing.

Expiration date and refusal of charges. If your Payment Card reaches its expiration date, your failure to cancel your Membership constitutes authorization for FRANCHISE LOCATION to continue billing that Payment Card.

Service charges. You agree to pay a $20.00 charge (plus applicable taxes) for all rejected payments. Any arrears of dues owed will bear interest at 18% per annum (subject to applicable usury laws).

6(b). Annual Payment

Members have the option of paying for the entire 12-month initial term upon signing this Agreement. Payments made for Annual Memberships are non-refundable.

7. Suspension / Termination by Franchise Location

FRANCHISE LOCATION may suspend or terminate your Membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice, with or without cause.

8. Default

If you, as a Member, default on any payment due under this Agreement, FRANCHISE LOCATION may declare all or any of the future payments to be made under this Agreement immediately due and payable.

9. Changes to Policies, Facilities, and Program

FRANCHISE LOCATION may publish and amend policies and regulations, modify fees, and change Membership fees with prior notice via e-mail to Membership holders.

10. Membership Codes

You agree that if it is discovered that you shared your Membership access with any individual, you will pay a $100.00 fee for each instance.

11. Hours of Operation

FRANCHISE LOCATION may make reasonable changes to the days and hours that facilities are open for business.

12. Picture Identification / Sign-In

You agree to have your picture taken for FRANCHISE LOCATION’s internal purposes upon joining, and you further agree that FRANCHISE LOCATION may utilize any photo or video captured intentionally or not for marketing purposes.

13. Waiver & Assumption of Risk

You understand that your use of FRANCHISE LOCATION facilities will be undertaken at your sole risk. You assume all risk of injury, illness, damage or loss to you or your property.

You expressly release and discharge FRANCHISE LOCATION, its officers, directors, employees, and agents from claims arising out of or connected with use of the services and/or facilities, notwithstanding any gross negligence.

14. Safety

By playing at any FRANCHISE LOCATION facility, you agree to abide by the following safety rules:

1. Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.
2. Customers and their guests must hit from the mat. No running starts or movement that would move your feet from the mat during your swing are allowed.
3. Only the Customer taking a turn is allowed near or on the mat. All other guests must stand at a safe distance behind until their turn to hit.
4. Customers under 18 should be supervised by an adult when playing.

15. Violation of Rules and Regulations

All Customers and their guests are subject to compliance with any rules and regulations posted from time to time. In the event a Customer fails to comply, FRANCHISE LOCATION may suspend privileges, void this Agreement, and/or revoke the right to access and use the premises and simulators.

16. Dress Code / Personal Conduct

Appropriate clothing and footwear is required within the facility at all times. Tennis shoes are required. Bare feet are not acceptable. Golf shoes with spikes and/or dress shoes are not allowed on the hitting mat.

Inappropriate, foul and/or lewd language or behavior is not acceptable and may result in suspension (if applicable) and/or immediate removal.

17. Damage to Facilities

You agree to pay for damage to equipment, furniture, TVs and electronics, simulator equipment, and premises caused by you and/or your guests.

18. Temporary Closure

FRANCHISE LOCATION may temporarily close the facilities in its sole discretion for any reason including inclement weather or safety concerns.

19. Early Termination by Franchise Location

FRANCHISE LOCATION may terminate this Agreement effective immediately for breach, or without cause with 30-day notice.

20. Termination by Member

Subscription Memberships may be terminated with thirty (30) days written notice. Early termination fees may apply for 12-month commitments. To cancel your Membership, contact Member Services. There are no refunds for any time period (or portions thereof) already billed or paid for.

21. Limitation of Liability

Recovery for any breach of this Agreement by CUSTOMER is strictly limited to the amount you have paid to FRANCHISE LOCATION, and you agree that recovery of incidental and consequential damages are not a remedy available to you.

22. Use of the Back Nine Name / Logo / Images

Any use of The Back Nine name, logo, trademarks, trade dress, images, or other intellectual property (collectively, the “Back Nine Marks”) must be expressly authorized in writing by COMPANY or the appropriate FRANCHISE LOCATION.

23. Annual Maintenance Fee

Member agrees to pay an annual maintenance fee, billed in the final month of the calendar year. The fee will be between $50/year and $250/year per Member, billed to the credit card on file or via text-to-pay/payment link.

24. Miscellaneous

You acknowledge that FRANCHISE LOCATION employs security cameras on the property. Non-Waiver, Assignment, Governing Law, Invalid Provisions, and Entire Agreement terms apply as stated in this Agreement.