Membership Agreement

This Membership Agreement (this “Agreement”) sets forth the terms and conditions of your TeeTime Membership. If you have any questions, please feel free to consult any member of our staff for assistance.

TEETIME MEMBERSHIP TERMS AND CONDITIONS

SUBSCRIPTION MEMBERSHIPS

TeeTime currently offers a standard Lifetime Membership (players card). Black Memberships are collectively referred to herein as “Subscription Memberships”. A player must be 18 years or older to purchase a Subscription Membership or be listed as a Designated Individual defined below in Section2b.

Definitions

Primary Member. “Primary Member” shall refer to the individual who purchases the Subscription Membership and signs the applicable Membership Agreement. The Primary Member is the only individual with the authority to print a physical membership card and the only individual authorized to make changes to the Subscription Membership account information, including but not limited to adding and removing Designated Individuals (defined below), changing billing information, and changing billing preferences such as the auto-renew payment option.

Designated Individuals. “Designated Individuals” shall mean the individuals who are listed on the Subscription Membership for the term of the Subscription Membership. If a Designated Individual is no longer employed or associated with the Subscription Membership, they may be replaced by contacting memberservices@playteetime.com. By adding a Designated Individual to the Subscription Membership, the Primary Member is agreeing to these terms and conditions on behalf of each Designated Individual. Primary Member is responsible for ensuring that each Designated Individual complies with the terms stated herein, and Primary Member shall remain liable for the actions of each Designated Individual they choose to add to the Subscription Membership.

Member. “Member” shall mean an individual who holds a Subscription Membership.

Event. “Event” as used in this Agreement has occurred when a signed event agreement exists and at least 10% payment toward the event has been made.

Flex Package. “Flex Package” shall be defined as a 2-bay setup booked during Black hours only.

Event Confirmation. AS used in this Agreement. “Event Confirmation” has occurred when a signed Event agreement exists and at least 10% payment onward the Event has been made.

Event Execution. As used in this Agreement, the “Event Execution” is defined as the date that the applicable Event takes place.

3. MEMBERSHIP TERMS

If you choose a Lifetime Membership, you will pay a one-time charge of $5.00 where applicable, and you will be subject to the Terms and Conditions contained in this agreement.

If you choose a Subscription, you agree that as a condition of your continues Subscription Membership at TeeTime, you authorize TeeTime or its agent to charge your Payment Card (defined below) for the Subscription Membership fee (plus applicable taxes), that you selected at the time of purchase. If you select the auto renew option at the time of purchase, you hereby authorize TeeTime or its agent to automatically charge your Payment Card for the Subscription Membership fee on the applicable date(s), to be charged either monthly, every six (6) months, or annually (“Payment Date”) according to the payment option you select. If your Subscription Membership is not renewed prior to the renewal date, your Subscription Membership will automatically convert to a Lifetime Membership (players card). For example, purposes only, if your Subscription Membership began on June 19, your Payment Date is the 19th of each month, and your Payment Card will be charged for the Subscription Membership fee. If your Payment Date falls on a date that is not contained in your applicable payment month (for example, if your paid Subscription Membership started on the 21st day of a month), your Payment Card will be charged on the last day of that month. You agree to pay the Subscription Membership fee (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize TeeTime to charge your Payment Card for any other charges you may incur associated with your Subscription Membership.

4. SUBSCRIPTION MEMBERSHIP BENEFITS

TeeTime reserves the right to choose which Subscription Membership benefits are available to each category of Memberships. Certain menu items may be excluded at any time from the Black membership discount at TeeTime’s sole discretion.

5. SUBSCRIPTION MEMBERSHIP CATEGORIES

Black Membership

Black Memberships are a shared membership by 1-6 Designated Individuals. These Designated Individuals will remain on the Subscription Membership throughout the term of the Subscription Membership. The cost for a Black Membership varies depending on how many Designated Individuals will be sharing the Subscription Membership and the selected Subscription Membership plan.

Each Subscription Membership is good for one (1) TeeTime bay for up to six (6) players, at any one (1) TeeTime venue, at any one (1) time. The Designated Individuals on the Subscription Membership must be present with their guests at all times. Designated Individuals will check in using their mobile number and a valid photo ID confirming their identity. Other individuals may not check in as a Designated Individual on the Subscription Membership, however, any individual may check in and use the Subscription Membership as long as they present the physical active membership card. The physical card may be shared with them by the Primary Member.

6. PAYMENT CARDS

You may pay by VISA, MASTERCARD, DISCOVER OR AMERICAN EXPRESS credit card, or VISA or MASTERCARD check card (check card must bear the VISA or MASTERCARD logo) for any Subscription Membership. Any such credit or check card shall be collectively referred to herein as the “Payment Card”. You also authorize TeeTime to place a pending charge to your Payment Card when you sign up for any Subscription Membership and prior to each subsequent periodic charge for Subscription Memberships. Pending charges will be used to verify your billing address and the validity of your Payment Card and are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. You also authorize TeeTime to charge your Payment card for any other charges you may incur associated with your Subscription Membership, if applicable.

7. PAYMENT

FEES RELATING TO YOUR PAYMENT CARD. You 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.

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

8. SUSPENSION/TERMINATION

TeeTime may suspend or terminate your Subscription Membership at any time for any breach of this Agreement by giving you written or oral notice of such termination, with or without cause. If TeeTime terminates your Subscription Membership, you must immediately surrender your Subscription Membership card and you will remain liable for all unpaid dues (including any recurring Subscription Membership charges and all other charges against your account). If your Subscription Membership is terminated by TeeTime, you will not receive a refund on any amounts paid under any type of Subscription Membership.

9. DEFAULT

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

10. CHANGES TO POLICIES, FACILITIES, AND PROGRAM

TeeTime may introduce new venues or programs from time to time, which may be available to members for an additional fee. TeeTime may publish and amend policies and regulations for the venues, or modify its fees for Subscription Membership, from time to time and for any reason. You acknowledge that TeeTime may change Subscription Membership fees at any time; provided, however, that TeeTime will give prior notice via e- mail to Subscription Membership holders of any change to the periodic Subscription Membership fees. You agree that, unless you cancel your applicable Subscription Membership prior to the effective date of the change, you will be charged the new applicable periodic Subscription fee (plus applicable taxes) on each periodic Payment Date after the effective date of such change, and you authorize TeeTime to charge the new periodic Subscription fee (plus applicable taxes) to your Payment Card. TeeTime reserves the right to suspend, modify or end the Subscription Membership without prior notice, in its sole discretion. You agree that Subscription Membership at TeeTime does not involve an extension of credit or a retail installment sale since TeeTime does not impose a finance charge and you may choose to continue or stop your Subscription Membership at any time. Void where prohibited.

11. HOURS OF OPERATION

From time to time, TeeTime may make reasonable changes to the days and hours that our venues are open for business. You understand that TeeTime will be busier at certain times than others on different days of the week. TeeTime also reserves the right to sell out the entire venue for a day or evening for a private event. All members will be notified up to one (1) week in advance of the venue buyout.

12. DEFINITION OF 20% PREFERRED PRICING ON EVENTS

This benefit is valid for 6 months and Black Club Membership plans. Availability of preferred pricing is based upon the Member being active and in good standing at both the time of Event Confirmation and Event Execution. Excludes food and beverage. Events are subject to revenue minimums, require payment in advance, and require you to sign a separate signed Event agreement agreeing to TeeTime’s standard Event terms and conditions with payment in advance. Notwithstanding the foregoing, TeeTime reserves the right to void this preferred pricing in the event that the sum of the discounts received by an individual Member in any given term exceeds three (3) times the value of the Member’s applicable Membership in any given term.

13. PICTURE IDENTIFICATION/SIGN IN

You agree to have your picture taken for TeeTime’s internal purposes upon joining, if requested by TeeTime. Members and guests must check-in at the designated area. Designated Individuals will check in by signing in with their unique mobile number and a valid ID. Members may not share their mobile number with others in order to give guests access to their Subscription Membership benefits. We may require Members and guests to show additional photo identification prior to admittance to TeeTime. Members must be in good standing (for example, your account must be paid to date) to be eligible for any TeeTime Subscription Membership benefits.

14. WAIVER

You understand that your use of TeeTime venues will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the venues 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 TeeTime, its affiliates, subsidiaries, officers, directors, employees, and agents (“TeeTime Parties”) will not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you or your property (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or connected with the use of any of the services and/or venues of TeeTime. You expressly release and discharge the TeeTime Parties from all such Claims except to the extent any Claims result directly from any negligence on the part of one or more of the TeeTime Parties.

15. SAFETY

By playing at any TeeTime venue, you agree to abide by the following safety rules, as well as other safety rules posted at the venue and/or online:

Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.

Players must hit from the mat. No running starts or other movement that would move your feet from the mat during your swing are allowed.

Only the player taking a turn is allowed near or on the mat. All other players must stand behind the red line at all times until their turn to hit. Players are responsible for the safety of others around them and should always check their surroundings before swinging a club.

Aim for the targets at all times. Hitting golf balls over the boundary netting is prohibited, and players are responsible for damages or injuries caused by any balls hit outside of the premises.

Throwing golf balls is prohibited.

Only dispense and hit one golf ball at a time.

Players under 16 must be supervised by a player 21+ at all times. After 9 pm, anyone under 18 must be supervised by a player 21+.

All players must stay behind the red line at all times. Please take extra care when playing from upstairs bays.

16. VIOLATION OF POSTED RULES AND REGULATIONS

All players are subject to compliance with any rules and regulations of TeeTime that may be posted from time to time at the venue and/or online. Member also acknowledges and agrees to fully comply with all applicable alcoholic beverage control laws including, but not limited to, the prohibition of consumption of alcoholic beverages by any person(s) who are underage and/or cannot produce proper identification. In the event that a Member fails to comply with said rules and regulations, TeeTime may (1) suspend all Subscription Membership privileges or (2) void this Agreement and revoke all Subscription Membership privileges. TeeTime reserves the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and regulations shall be effective immediately.

17. INJURIES

You will immediately report any accident or injury suffered in TeeTime’s venues to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by TeeTime.

18. DRESS CODE/PERSONAL CONDUCT

Appropriate clothing and footwear is required within the venue at all times. Bare feet are not acceptable anywhere at TeeTime. Inappropriate, foul and/or lewd language or behavior is not acceptable and will result in suspension of your Subscription Membership.

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

19. DAMAGE TO FACILITIES

You agree to pay for damage to TeeTime equipment and premises and third- party property outside of TeeTime caused by you and/or your guests (or guests’) careless use of equipment or other intentional or negligent acts.

20. TEMPORARY CLOSURE

TeeTime may temporarily close the venues in its sole discretion for any reason including, without limitation, in the case of inclement weather. Players are immediately required to comply with announcements and staff instructions regarding weather-related stoppages.

21. EARLY TERMINATION:

a) By TeeTime. TeeTime may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by TeeTime from time to time. TeeTime may terminate this Agreement without cause if a ninety (90) day prior notice is given to the Member.

b) By Primary Member. The Primary Member may terminate the Subscription Membership at any time within the online Subscription Membership Portal. If the payment preferences are set to auto-renew, the Primary Member must terminate the Subscription Membership no later than seven (7) days before the next applicable Payment Date in order to not be charged for the next billing cycle.

22. LIMITATION OF LIABILITY

Recovery for any breach of this Agreement by TeeTime is strictly limited to the amount you have paid to TeeTime under the applicable Subscription Membership, and you agree that recovery of any indirect, incidental, special, punitive, exemplary, and consequential damages are not a remedy available to you even if TeeTime has been advised of such damages.

23. USE OF TEETIME NAME/LOGO/IMAGES

All promotional and display materials, including any images or materials (collectively, “Images”), that refer to or depict the TeeTime venue or TeeTime’s name, logo, symbol, trademark or tradename (collectively, “TeeTime Marks”) shall be subject to TeeTime’s prior written approval. You may not use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party without the prior written approval of TeeTime. You have no rights or interests in any intellectual property owned or licensed by TeeTime. Images may not be used to state or imply the endorsement by TeeTime or of any TeeTime personnel with any commercial product, process or service, or used in any other manner that might mislead or imply any approval, sponsorship, endorsement or affiliation between you and TeeTime. Commercials or other promotional messages may not be filmed at the TeeTime venue unless you enter into a separate agreement with TeeTime expressly permitting such use. You may not use trademarks, logos or other content that is confusingly similar to the TeeTime Marks. If you wish to obtain TeeTime’s permission for any uses of Images or the TeeTime Marks or for any other use which is not specifically addressed in this Agreement or you become aware of unauthorized use of the TeeTime Marks, please contact support@playteetime.com. Please note that permission is at TeeTime’s sole discretion and, if granted, will only be granted under certain conditions and/or subject to you entering into an agreement with TeeTime.

24. RESELLING OF MEMBERSHIP BENEFITS

Memberships may not be used for resale, advertising, or other promotion. All Events must be booked through the TeeTime sales team. Any third-party names, logos, symbols, trademarks, or trade names are not allowed to be displayed in a contracted private Event space booked through the TeeTime sales team without prior written approval by TeeTime. Signage to direct your Event guests is allowed subject to TeeTime’s prior written approval, but may not include logos, symbols, or pictures of any kind and must be displayed in a Times New Roman font. Any uses of the TeeTime Marks must be approved in writing by the TeeTime marketing department. Any items that do not adhere to TeeTime’s brand standards must be taken down immediately.

25. GOLF LESSONS AT TEETIME

Golf lessons may not be provided by any golf professional or other individual that is not a TeeTime instructor.

26. MISCELLANEOUS

a) 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.

b) ASSIGNMENT: TeeTime may assign this Agreement, and, provided that the assignee agrees to assume the obligations of TeeTime in this Agreement, then TeeTime 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.

c) GOVERNING LAW: This Agreement is governed by the laws of the State of Missouri, and the parties hereto agree to the venue of the District Court of Jasper County.

d) 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 & DEFINITION: This document incorporates the entire Agreement between Members and TeeTime. TeeTime 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 the parties hereto except as specified in this Agreement.

I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS AND POLICIES OF THIS MEMBERSHIP AGREEMENT WHICH CAN ALSO BE  FOUND ONLINE. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH TEETIME. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS INTERRUPTED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF INTERRUPTION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED. THIS AGREEMENT IS THE ENTIRE AGREEMENT, AND NO VERBAL OR OTHER AGREEMENTS HAVE BEEN MADE TO ALTER THE TERMS OF THIS AGREEMENT.

Effective date: November 4, 2023