MEMBERSHIP AGREEMENT

(Updated 15.7.24)

This Membership Agreement (this “Agreement”) sets forth the terms and conditions of your Iron & Wood Golf Simulators Inc. (hereinafter referred to as “Iron & Wood”) membership. If you have any questions, please feel free to consult any member of our staff for assistance.

 

IRON & WOOD MEMBERSHIP TERMS AND CONDITIONS

1. MEMBERSHIPS: Iron & Wood currently offers limited time monthly memberships. These monthly

memberships will collectively be referred to as “Monthly Memberships” in this Agreement.

2. MEMBERSHIP BENEFITS: Iron & Wood reserves the right to choose which Membership Benefits are

available only to the Individual Member or authorized signers on a Corporate Membership.

BAY RENTALS: The cost for a Monthly Membership is a $199 monthly fee + tax (the “Monthly Membership

Fee”). Members receive one hour of simulator usage free Tuesday – Sunday during the month of August

2024. Each Membership account purchased is good for one Iron & Wood simulator bay for up to 6 players.

Each Membership account can only be used in one bay at a time. Member must be present with guests at

all times. Memberships discounts cannot be combined with any other promotion, discount, coupons or

special offers.

FOOD & DRINK: Members receive 10% off food and drinks (including alcohol) for themselves and their

guests. Member must be present in the bay. Memberships discounts cannot be combined with any other

promotion, discount, coupons or special offers.

3. PAYMENT CARDS: VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card or VISA or MASTERCARD

check card (check card must bear the VISA or MASTERCARD logo) for any membership. Any such credit or

check card shall be referred to as the “Payment Card”.

4. 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. Cash or check will not be accepted for monthly

billing.

NO SHOW CHARGES: You agree to pay a $20.00 charge (plus applicable taxes) for all reservations that are

not utilized by the booking member. Players can cancel up to 60 minutes before the start of their

reservation without penalty.

Any arrears of dues owed to Iron & Wood will bear interest at 18% per annum (subject to applicable usury laws).

5. SUSPENSION/TERMINATION: Iron & Wood 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 Iron & Wood terminates your membership, you will remain liable for

all unpaid dues. If your membership is terminated by Iron & Wood, you will not receive a refund on any

amounts paid under any type of membership.

6. CO-SIGNER: If a member is under 18 years of age at the date the terms and conditions of this

Agreement are accepted, a Co-signer is required. As Iron & Wood would not have agreed to enter into this

Agreement without the promises of the Co-signer, the Co-signer promises to pay all amounts due to Iron

& Wood under this Agreement when due, and to keep and perform all the member's promises and

agreements. The Cosigner’s promises and agreements are joint and several with the member's promises

and agreements. If more than one person signs this Agreement as Co-signer, the promises are both joint

and several.

7. HOURS OF OPERATION: From time to time, Iron & Wood may make reasonable changes to the days and

hours that our facilities are open for business. You understand that Iron & Wood will be busier at some

times than others on different days of the week. Reservations are recommended.

8. WAIVER: You understand that your use of Iron & Wood 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 Iron & Wood, 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 Iron & Wood. You expressly release and discharge Iron & Wood, its officers,

directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of

action, notwithstanding any negligence on the part of one or more of them.

9. SAFETY: By playing at any Iron & Wood facility, you agree to abide by the following safety rules, as well

as other safety rules posted at the facility and/or online:

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

others.

• Members and 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.

• Only the player taking a turn is allowed near or on the mat. All other guests must stand behind

the carpeted area at all times until their turn to hit. Members and guests are responsible for the

safety of others around them and should always check their surroundings before swinging a club.

• Aim for the screen at all times. Hitting golf balls anywhere other than the screen is prohibited,

and guests are responsible for damages or injuries caused by any balls hit outside of the screen

and padded bay area.

• Always maintain control of golf clubs while swinging. Members and customers are responsible

for being aware of others standing in proximity and for safely controlling golf clubs while swinging.

Members and customers who release the golf club while swinging and cause property damage or

injury are wholly responsible for full replacement costs of damaged property including installation

and are also responsible and liable for injury to other members, customers, guest, and Iron & Wood

staff.

• Guests under 16 should be supervised by an adult when playing.

• All Members and guests must stay behind green carpeted area at all times while not swinging.

10. VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance

with any rules and regulations of Iron & Wood that may be posted from time to time at the facility and/or

online. In the event that a Member fails to comply with said rules and regulations, Iron & Wood may (1)

suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. Swing

Zone 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 are effective immediately.

11. INJURIES: You will immediately report any accident or injury suffered in Iron & Wood’s facilities to a

staff person, and you will provide a written report from your doctor within a reasonable time, if requested

by Iron & Wood.

12. DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear is required within the facility

at all times. Bare feet are not acceptable anywhere at Iron & Wood. Inappropriate, foul and/or lewd

language or behavior is not acceptable and will result in suspension of your membership.

Members and guests are subject to the control and guidance of the Iron & Wood staff and must follow

Their instructions while at Iron & Wood. Members and guests agree to conduct themselves in a well-

Mannered fashion when in or about Iron & Wood and not cause any disturbances or interfere with the

safe use or enjoyment of Iron & Wood by other members and guests.

13. DAMAGE TO FACILITIES: You agree to pay for damage to Iron & Wood equipment and premises and

third-party property outside of Iron & Wood caused by you and/or your guests (or guests’) careless use of

equipment or other intentional or negligent acts.

14. TEMPORARY CLOSURE: Iron & Wood may temporarily close the facilities in its sole discretion for any

reason. Members and guests are immediately required to comply with announcements and staff

instructions regarding temporary closures.

15. LIMITATION OF LIABILITY: Recovery for any breach of this Agreement by Iron & Wood is strictly limited

to the amount you have paid to Iron & Wood, and you agree that recovery of incidental and consequential

damages is not a remedy available to you.

16. MISCELLANEOUS:

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: Iron & Wood may assign this Agreement, and, provided that the assignee agrees to assume

the obligations of Iron & Wood, Inc. in this Agreement, then Iron & Wood, Inc. 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.

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 Iron & Wood. Iron & Wood 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.

I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS

AND POLICIES OF THIS MEMBERSHIP AGREEMENT. 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 IRON & WOOD,

INC. 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.