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”).

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.

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.

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, which ensure that you, as a Member, have a quality, pain-free experience.

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, based on market conditions, demand, or any other reason.

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. For example, if you have a tee time on Monday at 10 a.m., you cannot book another tee time on Tuesday at 10 a.m. until you either use the Monday tee time or cancel Monday’s tee time. Members may not give their access code to any other individuals under any circumstance.

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. Unless specified otherwise on the website by a particular FRANCHISE LOCATION, Unlimited Members may book tee times in specific blocks of time per tee time based on the Member’s membership type. 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.

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, for the convenience of the Member until terminated in accordance with this Agreement.

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.

Except as otherwise provided by each separate FRANCHISE LOCATION, Unlimited Members may book tee times in specific blocks of time per tee time, based on membership type. Members may only hold one active tee time at any given time, unless otherwise allowed by FRANCHISE LOCATION in writing. 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.

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 for the convenience of the corporate Member until terminated in accordance with this Agreement.

The Corporate Membership application fee is either a month-to-month Membership, a 12-month commitment that is charged monthly, or a 12-month Pre-Paid Membership. Pre-Paid Membership Fees are non-refundable.

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. All corporate Member authorized users must sign the applicable liability waiver, and shall be held to the terms and conditions of this Agreement solely through their use of the Facility, under any parent Corporate Membership Account. Indemnification from the Corporate Member shall extend to all Corporate Users, including owners, employees, agents, family members, and guests. Regardless of whether authorized users sign any liability waiver or terms of use agreement, the agent who signs this Agreement on the CORPORATE MEMBER’S behalf acknowledges that he/she has the authority to bind the CORPORATE MEMBER entity and to accept or waive liability hereunder according to the terms and conditions herein on behalf of the CORPORATE MEMBER’S entity.

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.

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. Billing will occur consistent with the FRANCHISE LOCATION’s billing practices referenced in this Agreement, or as agreed upon between FRANCHISE LOCATION and Member or as set forth on the website and checkout.

In the event a corporation signs up for a Corporate Membership of any kind, the employee, owner, or agent acting with apparent or actual authority on behalf of the corporation acknowledges, by executing this Agreement, that he or she has the authority to bind the corporation to such payment obligations under this Agreement and/or to waive liability as required herein. 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.

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. The cost for punch passes varies and is published on The Back Nine website. Additional sessions may be purchased at the current per-session rate. All Limited Session Members are Customers and agree to be bound by the terms of this Agreement, the accompanying Terms of Use and Privacy Policy.

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.

However, regardless of whether a guest signs the Guest Waiver, the Member (as a Customer) specifically agrees to wholly indemnify FRANCHISE LOCATION from any potential claims of liability, including negligence, wrongful death, accidental or tort liability, accidental damage to the simulator equipment, furniture, electronics, TV’s, and/or any other guest, user, member or individual while on the premises of the Back Nine location whether or not associated with the Member’s use and the Member’s guests’ use of the simulators and premises. This indemnification shall extend to the maximum extent allowable under State law in the jurisdiction where the claim or injury may occur.

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 also 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 the validity of your Payment Card, are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per $1 of pending charge. You also authorize FRANCHISE LOCATION to charge your Payment Card for any other charges you may incur associated with your Membership, including annual renewal fees, activation fees, or common maintenance fees known as club maintenance fees.

6. PAYMENT

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 including, but not limited to, Membership, overdraft, insufficient funds and over-the-credit-limit fees. 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. If your Payment Card for any reason will not accept charges for any periodic Membership Fee, your Membership will be immediately suspended until payment is collected.

For the 60 days immediately following the suspension day, FRANCHISE LOCATION may attempt to charge the Payment Card the periodic Membership Fee every 10 days. If the charge is accepted, then your Membership benefits will be reinstated as of the date the charge is accepted. In order for your Membership to be reinstated, you must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting Member Services.

If FRANCHISE LOCATION is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due FRANCHISE LOCATION Membership fees are paid, then your Membership benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic Membership Fee for each consecutive renewal period until your Membership is cancelled (your original anniversary date will still apply) and will be your Payment Card for all purposes.

If FRANCHISE LOCATION is unable to charge your Payment Card (existing or new) for three (3) consecutive billing dates, your Membership will be terminated and you will not be able to use your Membership or any associated perks at any FRANCHISE LOCATION. If FRANCHISE LOCATION terminates your Membership, your Membership access will immediately be terminated and you will remain liable for all unpaid dues (including any Membership charges and all other charges against your account). If your Membership is terminated by FRANCHISE LOCATION, you will not receive a refund on any amounts paid under any type of Membership. From time to time, FRANCHISE LOCATION may avail itself of account updating services provided by the Payment Card industry, including, without limitation, VISA’s Account Updater program or MasterCard’s Automatic Billing Updater program. By enrolling in a Membership, you hereby agree and authorize FRANCHISE LOCATION to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.

Service charges. You agree to pay a $20.00 charge (plus applicable taxes) for all rejected payments, whether by Payment Card, or Pre-Authorized/credit card auto-debit system. Any arrears of dues owed to FRANCHISE LOCATION will bear interest at 18% per annum (subject to applicable usury laws).

b. ANNUAL PAYMENT

Members have the option of paying for the entire 12-month initial term (rather than monthly billing) upon signing this Agreement, and will pay their 12-month term and initiation fee in full by corporate check, VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card, or VISA or MASTERCARD check card (check card must bear the VISA or MASTERCARD logo).

Upon the completion of the initial 12-month term, a Member may choose to provide payment as stated in Sections 3 and 6(a) for monthly billing, or remit payment in full for an additional 12-month term. Payments made to FRANCHISE LOCATION for Annual Memberships are non-refundable.

If a Membership is paid in full by the Member’s employer, the employer holds the right to the Membership account in the event the Member is no longer employed by said company, for any reason, through the end of the paid term.

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 of such termination, with or without cause. If FRANCHISE LOCATION terminates your Membership, your Membership access will immediately be terminated, and you will remain liable for all unpaid dues (including any Membership charges and all other charges against your account). If your Membership is terminated by FRANCHISE LOCATION, you will not receive a refund on any amounts paid under any type of Membership unless such termination is simply a termination in FRANCHISE LOCATION’S discretion, and not for any specific breach under this Agreement or other local rules or terms and conditions, or privacy policy herewith.

In addition, FRANCHISE LOCATION may immediately revoke access to the premises and simulators for any Customer (including non-Members) who violates this Agreement, any posted rules, or any applicable law, without refund of any fees paid for the applicable visit.

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 introduce new facilities or programs from time to time, which may be available to Members for an additional fee. FRANCHISE LOCATION may publish and amend policies and regulations for the facilities, or modify its fees for Membership, from time to time and for any reason.

You acknowledge that FRANCHISE LOCATION may change Membership fees at any time; provided, however, that FRANCHISE LOCATION will give prior notice via e-mail to Membership holders of any change to the periodic Membership fees. You agree that, unless you cancel your applicable Membership prior to the effective date of the change, you will be charged the new applicable periodic Membership Fee (plus applicable taxes) on each periodic anniversary date after the effective date of such change, and you authorize FRANCHISE LOCATION to charge the new periodic Membership Fee (plus applicable taxes) to your Payment Card.

FRANCHISE LOCATION reserves the right to suspend, modify or end the Membership program without prior notice, in its sole discretion. You agree that Membership at FRANCHISE LOCATION does not involve an extension of credit or a retail installment sale since FRANCHISE LOCATION does not impose a finance charge and you may cancel Membership at any time. Void where prohibited.

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 in which you shared your personal access or if you buzz any other individual in while you are not present at the facility, the cost of which may be changed by FRANCHISE LOCATION at any time without prior notice. You agree that you will not share or loan your Membership access at any time with any other individual(s), whether or not they are a Customer.

11. HOURS OF OPERATION

From time to time, FRANCHISE LOCATION may make reasonable changes to the days and hours that our facilities are open for business. You understand that FRANCHISE LOCATION will be busier at some times than others on different days of the week.

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, including any security camera footage. if requested by FRANCHISE LOCATION. Members may not loan their Membership access to anyone. Members must be in good standing (for example, your account must be paid to date) to be eligible for any FRANCHISE LOCATION Membership.

13. WAIVER & ASSUMPTION OF RISK (APPLICABLE TO ALL CUSTOMERS)

You, as a Customer, understand that your use of FRANCHISE LOCATION facilities will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the facilities and premises (including the parking lot) and you assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property.

You agree that FRANCHISE LOCATION, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of you or your property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of FRANCHISE LOCATION. You expressly release and discharge FRANCHISE LOCATION, its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or causes of action, notwithstanding any gross negligence on the part of one or more of them.

You acknowledge that the doors at the FRANCHISE LOCATION are primarily locked and can only be opened from the outside with the use of a code, fob, or access link, or with the use of brute force in the event of an emergency, and can only be opened from the inside (if the doors are locked) with the press of an exit button and release of the magnetic lock, or with the use of brute force in the event of an emergency. You assume all risks associated with use of the facility and the increased potential risk related to an automated and primarily locked access system. You agree to indemnify and defend FRANCHISE LOCATION and COMPANY from any liability or claims for damages as a result of your inability to access or exit the premises based on FRANCHISE LOCATION and COMPANY’s general business practices.

These waivers and assumptions of risk apply to all Customers, including Members, guests, public users, demo users, and any other individual entering upon or using the premises.

14. SAFETY (APPLICABLE TO ALL CUSTOMERS)

By playing at any FRANCHISE LOCATION facility, you, as a Customer, agree to abide by the following safety rules, as well as other safety rules posted at the facility and/or online:

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 other 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 at all times until their turn to hit. Customers are responsible for the safety of others around them and should always check their surroundings before swinging a club.
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 of FRANCHISE LOCATION that may be posted from time to time at the facility and/or online on FRANCHISE LOCATION’s website. In the event that a Customer fails to comply with said rules and regulations, FRANCHISE LOCATION may (1) suspend all Membership privileges of that Customer (if applicable), and/or (2) void this Agreement and revoke all Membership privileges, and/or (3) immediately revoke that Customer’s right to access and use the premises and simulators.

FRANCHISE LOCATION reserves the right to amend or alter these rules and regulations at any time in its sole discretion. All amendments to these rules and regulations are effective immediately.

16. DRESS CODE / PERSONAL CONDUCT (APPLICABLE TO ALL CUSTOMERS)

Appropriate clothing and footwear is required within the facility at all times. Tennis shoes are required. Bare feet are not acceptable anywhere at FRANCHISE LOCATION. 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 will result in suspension of your Membership (if applicable) and/or immediate removal from the premises. No Alcohol / No Smoking / No Vaping / No Drugs. Smoking, vaping, the use or consumption of alcohol, and the use, possession, sale, or distribution of illegal drugs are strictly forbidden at all times in all areas of the premises, including parking lots and exterior areas. Customers may not arrive or remain on the premises while visibly impaired or under the influence of alcohol or drugs. Any violation of this policy may result in immediate removal, suspension, or termination of Membership (if applicable), and loss of access privileges.

Customers and their guests are subject to the control and guidance of the FRANCHISE LOCATION staff and must follow their instructions while at FRANCHISE LOCATION. Customers and their guests agree to conduct themselves in a well-mannered fashion when in or about FRANCHISE LOCATION and not cause any disturbances or interfere with the safe use or enjoyment of FRANCHISE LOCATION by other Customers and guests.

17. DAMAGE TO FACILITIES

You agree, as a Customer, to pay for damage to FRANCHISE LOCATION equipment, furniture, TV’s and electronics, simulator equipment, and premises as well as any third-party property outside of FRANCHISE LOCATION caused by you and/or your guests’ accident, careless use of equipment and/or any intentional or negligent acts.

18. TEMPORARY CLOSURE

FRANCHISE LOCATION may temporarily close the facilities in its sole discretion for any reason including, without limitation, in the case of inclement weather or safety concerns. Customers and guests are immediately required to comply with announcements and staff instructions regarding weather-related or safety-related stoppages or closures.

19. EARLY TERMINATION BY FRANCHISE LOCATION

FRANCHISE LOCATION may terminate this Agreement, effective immediately upon written notice to the Member, for breach of terms and conditions, or policies or regulations adopted by FRANCHISE LOCATION from time to time. FRANCHISE LOCATION may terminate this Agreement without cause if a 30-day notice is given to the Member. Termination of this Agreement may include revocation of Membership benefits and/or access privileges as a Customer.

20. TERMINATION BY MEMBER

Termination by Members shall be in accordance with the following: Subscription Memberships may be terminated with thirty (30) days written notice. However, in the event a Member cancels a 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 monthly rate previously paid by the Member. Monthly and other recurring Memberships (beyond Annual Memberships) terminated with thirty (30) days written notice will be charged for any additional renewals that occur within the 30-day notice period. 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”) by any Customer, Member, or third party in connection with events, promotions, or advertising must be expressly authorized in writing by COMPANY or the appropriate FRANCHISE LOCATION. Unauthorized use of the Back Nine Marks is strictly prohibited and may result in legal action.

23. ANNUAL MAINTENANCE FEE

FRANCHISE LOCATION desires to provide the best possible experience to its Members and other Customers. As such, FRANCHISE LOCATION consistently maintains the quality of the simulator hitting mats, hitting screens, furniture, vending and entertainment options, etc. by replacing worn-down equipment regularly.

Member agrees to pay an annual maintenance fee, which will be billed in the final month of the calendar year. The Annual Maintenance Fee shall be determined by the FRANCHISE LOCATION and shall be between $50/year and $250/year per Member, billed to the Member’s credit card that is saved on file, or as billed to the Member through text-to-pay or payment link options.

24. MINORS & ACCOMPANIED CHILDREN

Minors and Children. Customer acknowledges that the Facility is not designed, staffed, or operated as a childcare or supervised youth program. MINORS MAY ONLY ENTER OR USE THE FACILITY UNDER THE CONTINUOUS, DIRECT, AND CLOSE SUPERVISION OF A RESPONSIBLE ADULT WHO IS AT LEAST EIGHTEEN (18) YEARS OF AGE. Customer represents and warrants that any minor child brought to, permitted to enter, or allowed to use or be present at the Facility (each, a “Minor”) will be accompanied at all times by the Customer, who has full legal authority to supervise and make decisions for the Minor.

Customer Responsibility for Minors. Customer assumes full responsibility for the conduct, safety, supervision, and well-being of all Minors and any other persons Customer brings to or permits access to the Facility (collectively, “Customer Parties”). Customer agrees that Customer shall not (i) leave any Minor unattended at any time, (ii) permit any Minor to enter restricted areas (including, without limitation, behind simulator screens, equipment rooms, mechanical areas, or staff-only zones), (iii) allow any Minor to handle, operate, or interfere with equipment except as expressly permitted by FRANCHISE LOCATION and/or COMPANY rules and only under close adult supervision, or (iv) permit running, horseplay, throwing objects, climbing, or any unsafe conduct. Customer shall immediately remove any Minor (or other Customer Party) upon request by FRANCHISE LOCATION for safety, rule violations, or operational needs.

Assumption of Risk (Minors). Customer acknowledges that the Facility contains hazards and risks that may result in property damage, personal injury, illness, or death, including risks associated with simulator play, golf clubs, golf balls, moving equipment, tripping or impact hazards, and interaction with other patrons. Customer knowingly and voluntarily assumes, on behalf of Customer and any Minor for whom Customer is responsible, all risks of injury, damage, or loss arising from or related to any Minor’s presence at the Facility, whether participating or not, including risks arising from the acts or omissions of other patrons and/or Customer Parties.

Indemnification—Minors. To the fullest extent permitted by law, Customer agrees to indemnify, defend, and hold harmless FRANCHISE LOCATION, affiliates, owners, officers, directors, managers, members, employees, contractors, agents, and insurers (collectively, the “FRANCHISE OWNER Parties”), and COMPANY, if applicable, from and against any and all claims, demands, causes of action, suits, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) any Minor’s presence at, entry into, or use of the Facility, whether or not the Minor participates in any activity; (b) Customer’s or any Customer Party’s failure to supervise any Minor closely and continuously; (c) any act or omission of any Minor or Customer Party; (d) any allegation that Customer lacked authority to bring or supervise a Minor; and/or (e) any claim brought by or on behalf of a Minor, including by a parent, guardian, family member, custodian, or any other third party, to the extent permitted by law; including in each case claims alleging negligence (whether active or passive) of any Franchise Owner Party, except to the extent finally determined by a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of a Franchise Owner Party (if such limitation is required by applicable law).

Survival. This Minors/Supervision/Indemnification provision survives the end of Customer’s visit and any termination or expiration of this Agreement.

25. MISCELLANEOUS

You acknowledge that you are aware of the fact that FRANCHISE LOCATION employs security cameras on the property to assure Customer adherence to the rules and restrictions listed herein. You agree that FRANCHISE LOCATION may use the footage obtained on the security cameras to prove any wrongdoing on your part or by your guests and/or to enforce its rules listed herein.

Non-Waiver. No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.

Assignment. FRANCHISE LOCATION may assign this Agreement, and, provided that the assignee agrees to assume the obligations of FRANCHISE LOCATION in this Agreement, then FRANCHISE LOCATION will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your Membership to another person.

Governing Law. If a dispute arises between a Customer/Member and the local FRANCHISE LOCATION, the dispute and this Agreement shall be governed by the laws of the State wherein the FRANCHISE LOCATION is situated. If the dispute involves THE BACK NINE / COMPANY, this Agreement shall be governed under the laws of the State of Utah, and venue shall be proper in the District Court of Washington County, Utah.

Invalid Provisions. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.

Entire Agreement & Definitions. This document incorporates the entire Agreement between the Customer (including any Member) and FRANCHISE LOCATION with respect to Membership and facility use. FRANCHISE LOCATION reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this document.

26. Customer No Show Policy and Tee-Time Cancellation

Any tee time cancellations made twenty-four (24) hours or more prior to the scheduled tee time by any Customer(s) are eligible for a full refund or account credit. Any tee time cancellations made between twelve (12) and twenty-four (24) hours prior to the scheduled tee time are eligible for a fifty percent (50%) refund or account credit. Any tee time cancellations made less than twelve (12) hours prior to the scheduled tee time, including any no-shows by Customer(s), are non-refundable and will be charged in full. All cancellations must be completed through the applicable booking platform or by contacting the location directly, and the time of cancellation will be determined by when the cancellation is received.

Members who reserve a tee time through their portal and fail to cancel or attend the reservation will be subject to a no-show fee of up to twenty-five dollars ($25) per reserved hour. This fee is intended to offset lost availability and operational costs and may be charged to the member’s payment method on file. Repeated no-shows may result in additional restrictions, including temporary booking limitations or further disciplinary action as permitted under the Membership Agreement.

In the event that a tee time cannot be fulfilled due to circumstances within Back Nine Golf’s control, including but not limited to power outages, simulator malfunctions, or facility closures, the affected reservation for Non-Members will be refunded in full or credited to the customer’s account. Back Nine Golf is not responsible for cancellations resulting from customer-related issues such as scheduling conflicts, travel delays, or personal emergencies; however, management reserves the right to grant exceptions on a case-by-case basis at its sole discretion.