FullTime Fairways Membership Agreement

FullTime Fairways LLC
Membership Agreement and Waiver of Liability

THIS MEMBERSHIP AGREEMENT AND WAIVER OF LIABILITY ("Agreement") is entered into as of the date signed below, by and between FullTime Fairways LLC, a Missouri limited liability company ( "Facility" or “FullTime Fairways” ), and the undersigned individual ("Member"). By signing this Agreement, Member agrees to be bound by all terms and conditions set forth herein.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND WAIVER OF CERTAIN LEGAL RIGHTS. BY SIGNING THIS DOCUMENT, YOU AGREE TO GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FULLTIME FAIRWAYS LLC FOR INJURY, DEATH, OR PROPERTY DAMAGE.

1. MEMBERSHIP TERMS AND FACILITY ACCESS

1.1 Membership grants the Member non-exclusive access to the FullTime Fairways indoor golf simulator Facility (the "Facility") during all operating hours. The Facility operates twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year.

1.2 Member agrees to pay monthly membership fee, hourly tee time fee, and any other applicable fees as designated by Facility. Member agrees to be charged to either the credit card or bank account on file at the beginning of each month, for all charges accrued during the previous calendar month. Pricing is subject to change as FullTime Fairways’ costs fluctuate. Please see the Pricing & Membership tab on our website for current pricing. Please note that any late or returned payments are subject to a $25.00 fee for each occurrence. Member may request cancellation of membership at any time. Upon cancellation of membership, access to the Facility will no longer be granted.Member will be charged for all Facility use prior to cancellation of membership.

1.3 Each time Member books a tee time, Member will receive a unique, single-use access passcode ("Passcode") specific to that reservation. A new Passcode will be issued for each booking. The Passcode is personal and valid only for the reserved tee time for which it was issued. Member agrees to keep the Passcode confidential and shall not share or distribute it to any non-member individual other than Member’s guests for the booking linked to the Passcode.

1.4 Unauthorized sharing of the Passcode is grounds for immediate termination of membership without refund. Member shall be financially responsible for any damages, losses, or liabilities arising from unauthorized use of Member's Passcode.

1.5 Member acknowledges and understands that the Facility operates as an UNMANNED Facility. No Facility staff, supervisors, instructors, or security personnel will be present on-site at any time. Member assumes full responsibility for their own safety and conduct, and the safety and conduct of their guests, during each visit.

2. GUEST POLICY

2.1 Members are permitted to bring up to three (3) guests per visit ("Guests"). Each Guest must be accompanied by the Member at all times while on Facility premises. Members may not allow Guests to enter the Facility without the Member being present. Each Guest must execute a Guest waiver and hold harmless prior to using the Facility (“Guest Liability Waiver”). Guest Liability Waivers can be found on the FullTime Fairways website, fulltimefairways.com, (“Facility Website”).

2.2 The Member is solely and fully responsible for the actions, behavior, safety, and conduct of Member’s Guests at all times while on Facility premises, including the parking area, entryway, simulator bays, common areas, and restrooms.

2.3 By bringing Guests onto the premises, Member represents and warrants that each Guest has executed a Guest Liability Waiver and has been informed of and agrees to all Facility rules, policies, and safety guidelines outlined in this Agreement and posted on the Facility Website.

2.4 Minors (individuals under the age of 16) may only access the Facility when accompanied by their parent or legal guardian, who must be the Member of record or a Guest of the Member. Guest Liability Waivers for Minors need to be signed by that Minor’s parent or legal guardian. Members assume all risk and responsibility for their minor Guests.

3. ASSUMPTION OF RISK

3.1 Member expressly acknowledges and accepts that participation in golf simulator activities involves inherent risks of injury, including but not limited to the following:

• Being struck by a golf ball, golf club, or club fragments

• Slipping, tripping, or falling on or near simulator equipment or flooring

• Repetitive motion injuries, muscle strains, sprains, or joint injuries from swinging golf clubs

• Eye injuries from golf ball impact, debris, or equipment malfunction

• Injury caused by impact with walls, screens, netting, equipment, or other structures

• Injury caused by the actions of other Members or Guests in adjacent or nearby simulator bays

• Equipment malfunction or failure

• Any other injury that may result from the use of golf equipment or the simulator Facility

3.2 Member voluntarily and knowingly assumes ALL risks associated with use of the Facility and participation in golf simulator activities, whether such risks are known or unknown, foreseen or unforeseen.

3.3 Member acknowledges that golf involves the use of real golf clubs and live golf balls striking a high-impact simulator screen and that such activities carry inherent risks of property damage and personal injury.

4. RELEASE OF LIABILITY AND WAIVER

4.1 IN CONSIDERATION OF BEING PERMITTED TO USE THE FACILITY, MEMBER HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE FullTime Fairways, its members, guests of its members, managers, officers, employees, agents, contractors, successors, and assigns (collectively, "Released Parties") from any and all liability, claims, demands, actions, causes of action, costs, losses, damages, or expenses of any kind or nature, whether known or unknown, arising out of or in connection with:

• Any personal injury, bodily injury, illness, disability, or death suffered by Member or Member's Guests at the Facility or in connection with use of the Facility

• Any property damage, loss, or theft incurred by Member or Member's Guests at the Facility

• Any injury or damage caused by the negligence, gross negligence, or other wrongful act or omission of Released Parties

• The negligence or intentional actions or other behavior of other Members or Guests

• Any equipment failure, malfunction, or defect

• Any injury or damage caused by other Members or third parties at the Facility

• Member waives and releases FullTime Fairways from any and all claims arising from alcohol or other intoxicating substance related incidents

• Emergency response delays or the absence of on-site staff

4.2 THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW. Member agrees that if any portion is found to be invalid in a court of law, the remaining provisions shall continue in full force and effect.

4.3 Member specifically acknowledges that this Release applies to claims arising from the negligence of the Released Parties, and Member expressly waives all such claims.

5. INDEMNIFICATION

5.1 Member agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS FullTime Fairways LLC and all Released Parties from and against any and all claims, lawsuits, demands, costs, losses, damages, judgments, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Member's use or misuse of the Facility;

• Member's breach of any provision of this Agreement;

• any act or omission or behavior of Member or Member's Guests while on Facility premises;

• any violation of applicable laws or regulations by Member or Member's Guests;

• any injury, damage, or loss caused by Member or Member's Guests;

• any claims, damages, fines, penalties, or expenses arising from Member's or Guest's violation of alcohol and intoxicating substances policy; and

• any injury, damage, or incident that occurs as a result of Member's or any Guest's presence at the Facility while Member or Guest is under the influence of alcohol or other intoxicating substances.

6. FACILITY RULES AND CODE OF CONDUCT

6.1 Member agrees to comply with all Facility rules at all times, including rules listed below and on the Facility Website. Violation of any rule may result in immediate termination of membership without refund. Member's rules include but are not limited to:

• NO ALCOHOL: FullTime Fairways maintains a ZERO TOLERANCE policy regarding alcohol. The possession, consumption, or introduction of alcoholic beverages of any kind is strictly prohibited on Facility premises at all times. This prohibition applies to Member and all Guests without exception. Violation of this policy is grounds for immediate and permanent termination of membership. Any Member or Guest found to be in possession of or under the influence of alcohol while on Facility premises can be required to leave immediately. Member acknowledges that their membership may be permanently terminated without refund for a violation of this policy.

• NO MARIJUANA, CANNABIS OR OTHER INTOXICATING SUBSTANCES: FullTime Fairways maintains a ZERO TOLERANCE policy regarding intoxicating substances. The use, possession, distribution, or sale of any intoxicating substances is strictly prohibited on all property owned, operated, or controlled by the Facility. This prohibition includes, but is not limited to: Marijuana, cannabis, hemp-derived products, and all related compounds, cannabidiol (CBD) products in any form, tetrahydrocannabinol (THC) products, whether legal or illegal under applicable law. This prohibition applies regardless of whether such substances are legal under state or local law. Any Member or Guest found to be in possession of or under the influence of intoxicating substances while on Facility premises can be required to leave immediately. The Member acknowledges that their membership may be permanently terminated without refund for violation of this policy.

• FOOD AND BEVERAGES: Members and Guests are welcome to bring their own food and non-alcoholic beverages. Members are responsible for cleaning up all food and beverage waste and maintaining the cleanliness of the Facility.

• EQUIPMENT USE: Members shall not swing golf clubs recklessly or in a manner that endangers others. Members shall inspect clubs and golf balls for damage before use and shall not use cracked, broken, or unsafe equipment. Members are to report any damage observed to equipment.

• PROPERTY CARE: Members and Guests must treat all Facility equipment, screens, flooring, furniture, and technology with care. Intentional or negligent damage to property will result in the Member being held financially responsible for full repair or replacement costs. Members are to report any damage observed to screens, flooring, furniture, and technology.

• CAPACITY: No more than four (4) people should be present in any simulator bay. All bystanders must remain clear of the hitting area when a golf club is being swung.

• CONDUCT: Disruptive, threatening, abusive, or illegal behavior is strictly prohibited. Members and Guests must conduct themselves in a respectful manner at all times.

• APPROPRIATE ATTIRE: Members and Guests are advised to wear appropriate attire.

• NOISE: Members and Guests must be respectful of noise levels, particularly during late-night and early-morning hours, to avoid disturbance to neighboring businesses or residents.

• NO SMOKING OR VAPING: Smoking, vaping, and the use of tobacco or cannabis products of any kind is strictly prohibited on all Facility premises including the parking area.

• CHILDREN: Children under the age of 16 must be actively supervised by an adult Member or Guest at all times and must never be left unattended on Facility premises.

• ILLEGAL ACTIVITY: No illegal activity of any kind is permitted on Facility premises. Any illegal activity will be reported to law enforcement.

7. PROPERTY DAMAGE

7.1 Member shall be financially responsible for any and all damage to the Facility, equipment, screens, technology, flooring, walls, or other property caused by Member or Member's Guests, whether such damage results from intentional acts, negligence, horseplay, or misuse of equipment.

7.2 FullTime Fairways reserves the right to charge Member's payment method on file for the cost of repair or replacement of damaged property. Member authorizes such charges. If repair or replacement costs cannot be covered by the payment method on file, Member agrees to pay any remaining balance within thirty (30) days of written notice.

8. MEDICAL EMERGENCIES AND EMERGENCY PROCEDURES

8.1 Member acknowledges and understands that the Facility is UNMANNED at all times. In the event of a medical emergency, injury, or other emergency situation, Member must call 911 or other emergency services immediately. FullTime Fairways cannot and does not guarantee the availability of first aid, medical personnel, or emergency assistance on-site. FullTime Fairways is not liable for any injury, death, or medical expense arising from any medical emergency or from any delay in obtaining medical assistance due to the unmanned nature of the Facility.

8.2 Member represents and warrants that they are in good physical condition and possess the level of health, fitness, and ability necessary to safely participate in the activities offered by the Facility and they have no known medical, physical, or mental conditions that would impair their ability to safely engage in the activity or that would pose a risk to themselves or others; they have not been advised by a physician or other qualified healthcare provider to refrain from participating in such activities; and they will immediately discontinue participation if they experience any pain, discomfort, dizziness, or other health concerns during the activity. Member further agrees that they are solely responsible for determining their own fitness for participation and assume all risks associated with participating while not in adequate physical condition.

9. PASSCODE SECURITY AND ACCESS RESPONSIBILITIES

9.1 Member is responsible for all activity at the Facility during any session accessed using Member's Session Passcode, regardless of whether Member is personally present at the Facility during such session.

9.2 Member must immediately notify FullTime Fairways LLC if Member believes their Session Passcode has been compromised or used without authorization.

9.3 Member acknowledges that the Facility may employ security cameras and recording equipment for safety and security purposes. Member consents to such recording and waives any claims related to video surveillance of the Facility.

10. MEMBERSHIP SUSPENSION AND TERMINATION

10.1 FullTime Fairways LLC reserves the right to suspend or terminate Member's membership immediately and without refund, at its sole discretion, for any violation of this Agreement, including but not limited to:

• possession or consumption of alcohol or other intoxicating substances on Facility premises;

• unauthorized sharing of the Session Passcode;

• dangerous, reckless, or threatening behavior;

• intentional damage to Facility property;

• violation of any Facility rule;

• illegal activity on Facility premises; or

• non-payment of membership dues or property damage charges.

10.2 Member may cancel their membership at any time in accordance with Section 1.2 of this Agreement. Cancellation does not relieve Member of any outstanding financial obligations.

11. LIMITATION OF LIABILITY

11.1 TO THE MAXIMUM EXTENT PERMITTED BY MISSOURI LAW, IN NO EVENT SHALL FULLTIME FAIRWAYS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO MEMBER'S USE OF THE FACILITY.

11.2 TO THE EXTENT ANY LIABILITY IS FOUND DESPITE THE RELEASES AND WAIVERS IN THIS AGREEMENT, THE TOTAL LIABILITY OF FULLTIME FAIRWAYS SHALL NOT EXCEED THE TOTAL MEMBERSHIP FEES PAID BY MEMBER IN THE THREE (3) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws provisions.

12.2 In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the membership, or the use of the Facility (a “Dispute”), the Member and FullTime Fairways agree to first attempt to resolve the matter through good faith negotiations.

12.3 If the Dispute is not resolved through informal discussions, the parties agree to submit the Dispute to non-binding mediation before initiating any legal action. Mediation shall be:

i) administered by a mutually agreed-upon mediator, or, if the parties cannot agree, by a recognized mediation service (e.g., Miles Mediation & Arbitration or other reputable mediation service);

ii) conducted in St. Louis County, unless otherwise agreed in writing; and

iii) scheduled within a reasonable time after a written request for mediation is made by either party.

12.4 Participation in mediation as required by this Agreement, is a condition precedent to the filing of any lawsuit or other formal legal proceeding, except where immediate relief is required to prevent irreparable harm. Nothing in this clause shall prevent either party from seeking temporary or injunctive relief in a court of competent jurisdiction where it is necessary to protect its rights pending mediation.

12.5 Any legal action or proceeding arising out of or related to this Agreement that is not resolved through mediation shall be brought exclusively in the St. Louis County Circuit Court or the Eastern District of Missouri federal court. Member and FullTime Fairways consent to the personal jurisdiction and venue of such courts.

12.6 TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE MEMBERSHIP, OR USE OF THE FACILITY.

13. MISCELLANEOUS PROVISIONS

13.1 This Agreement along with the additional rules Facility Website constitutes the entire agreement between Member and FullTime Fairways LLC with respect to membership and supersedes all prior agreements, representations, or understandings.

13.2 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 FullTime Fairways LLC reserves the right to modify Facility rules and policies at any time. Updated rules will be posted at the Facility and on the Facility Website. Continued use of the Facility constitutes acceptance of any and all updated rules.

13.4 Failure by FullTime Fairways LLC to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

13.5 This Agreement is personal to Member and may not be assigned or transferred without FullTime Fairways written consent. FullTime Fairways may assign this Agreement without Member's consent.

MEMBER ACKNOWLEDGMENT

BY SIGNING UP FOR MEBMERSHIP, MEMBER ACKNOWLEDGES AND AGREES THAT:

• I have read this entire Agreement carefully and understand its contents.

• I understand that I am waiving and releasing important legal rights, including the right to sue FullTime Fairways LLC for injury, death, or property damage and the right to a jury trial.

• I understand that the Facility is unmanned at all times and that no staff will be present during my visits.

• I understand and accept the strict no-alcohol/intoxicating substances policy and will enforce it with my Guests.

• I accept full responsibility for my Guests and their actions at all times on Facility premises.

• I am voluntarily assuming all risks associated with using the Facility.

• If I am under 16, my parent or legal guardian must sign below.

• If I am executing myself, I affirm that I am at least 16 years of age.