MEMBERSHIP 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 Member, hereby agree to the terms and conditions listed in this Membership 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 enjoys a business/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 other (the “FRANCHISE LOCATION”). You agree to be bound by this Membership Agreement which is strictly between you, the Member, and the specific FRANCHISE LOCATION where you pay money for services. You expressly agree to the terms of the Membership Agreement (a separate agreement from the Terms and Conditions between you and COMPANY). COMPANY shall not be a party to such Membership Agreement and your remedies, be there any, shall solely and exclusively be between you and the specific FRANCHISE LOCATION you conduct business with. The Membership 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 guest must be 18 to purchase recurring monthly or annual memberships as listed below in a, b, c & d.

  2. MEMBERSHIP TERMS: If you choose a Membership, you will be subject to the Terms and Conditions contained in this Agreement. 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 17 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.

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 (up to three per visit). Each Membership account can only be used in one location at a time. Member must be present with guests at all times.  Unlimited members may book tee times in blocks of up to three hours per tee time. Members may only hold one active tee time at any given time. 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 is due upon signing. Pre-Paid monthly fees are non-refundable. Each Membership account purchased is good for one individual and their guests (up to three per visit unless 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.  Unless specified otherwise on the website by a particular FRANCHISE LOCATION, unlimited members may book tee times in blocks of up to three hours per tee time. Members may only hold one active tee time at any given time. 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.

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 a automatically renewed terms on the same amount 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 (up to three per visit unless 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 blocks of up to 2.5 hours per tee time. Members may only hold one active tee time at any given time. 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. In the event MEMBER cancels a multi-month commitment prior to the completion of the multi-month term, MEMBER shall pay an early termination fee equal to two additional months of services on the same rate previously paid by MEMBER.

d) CORPORATE MEMBERSHIPS

Corporate Memberships are available as monthly membership or annual twelve (12) month term (the “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 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 access codes for a certain number of authorized users to be able to access the space, subject to all other terms in this Agreement.  All corporate member authorized users must sign the liability waiver. However, regardless of whether authorized users sign the liability waiver, the agent who signs this Agreement on the FRANCHISE LOCATION’s behalf acknowledges that he/she has the authority to bind the FRANCHISE LOCATION and to accept or waive liability hereunder on behalf of the FRANCHISE LOCATION. In the event MEMBER cancels a Corporate Membership that is a 12-month commitment prior to the completion of the 12-month term, MEMBER shall pay an early termination fee equal to two additional months of services on the same rate previously paid by 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 MEMBER may agree to a variety of specific terms, to be outlined on the final page of this Agreement upon signing. Billing will occur consistent with the FRANCHISE LOCATION’S billing practices referenced in this Agreement, or as agreed upon between FRANCHISE LOCATION and MEMBER. 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 way of 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 MEMBER cancels a Corporate Advertising Membership that is a 12-month commitment prior to the completion of the 12-month term, MEMBER shall pay an early termination fee equal to two additional months of services on the same rate previously paid by 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 are published on The Back Nine website. Additional sessions may be purchased at current per session.  All limited session members must sign the liability waiver.

4. MEMBER GUESTS: Members may bring up to three (3) guests per visit. Members are responsible for all guests and guests must sign The Back Nine Member Guest Waiver to be on the premises.  Guests under 18 must accompanied by a parent or legal guardian. Guests must be accompanied by The Back Nine Member at all times.  Members may not disclose or share their access code with anyone or leave guests unattended. However, regardless of whether a Member Guest signs the Guest Waiver, Member specifically agrees to wholly indemnify FRANCHISE LOCATION from any potential claims of liability, including negligence, wrongful death, accidental or tort liability associated with Member’s use and Member Guests’ use of the simulators.

5. PAYMENT CARDS: VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card 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, if applicable, 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 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 TO YOUR PAYMENT CARD. 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 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 location. If FRANCHISE LOCATION terminates your membership, your membership access code 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, Member may choose to provide payment as stated in sections 3 and 4a 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: 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 code 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.

8. DEFAULT: If you 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 code with any individual, you will pay a $100.00 fee for instance in which you shared your personal code with another individual, 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 code at any time with any other individual(s).

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, if requested by FRANCHISE LOCATION. Members may not loan their membership entry codes 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: You 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 cause of action, notwithstanding any negligence on the part of one or more of them.

14. SAFETY: By playing at any FRANCHISE LOCATION 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 as safe distance behind 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.

Guests under 18 should be supervised by an adult when playing.

15. VIOLATION OF RULES AND REGULATIONS:
All Members and 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 Member fails to comply with said rules and regulations, FRANCHISE LOCATION may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. FRANCHISE LOCATION 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.

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 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. Smoking, vaping or consumption of alcohol or drugs is forbidden.

Members and guests are subject to the control and guidance of the FRANCHISE LOCATION staff and must follow their instructions while at FRANCHISE LOCATION. Members and 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 members and guests.

17. DAMAGE TO FACILITIES: You agree to pay for damage to FRANCHISE LOCATION equipment and premises and third-party property outside of FRANCHISE LOCATION caused by you and/or your guests (or guests’) careless use of equipment or other 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. Members and guests are immediately required to comply with announcements and staff instructions regarding weather-related stoppages.

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.

20. TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following:

Annual Memberships still in the Initial Term may be terminated with thirty (30) days written notice. However, in the event MEMBER cancels a Membership that is a 12-month commitment prior to the completion of the 12-month term, MEMBER shall pay an early termination fee of $499. A Membership past the Membership Initial Term may also be terminated with thirty (30) days written notice, however, you 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 FRANCHISE LOCATION 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:All promotional and display materials relating to the Event, including any images or materials (collectively, “Images”), that refer to or depict the THE BACK NINE venue or THE BACK NINE’s name, logo, symbol, trademark or tradename (collectively, “THE BACK NINE Marks”) shall be subject to THE BACK NINE’s prior written approval. Client may not use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party in connection with the Event without the prior written approval of THE BACK NINE. Client has no rights or interests in any intellectual property owned or licensed by THE BACK NINE. Images may not be used to state or imply the endorsement by THE BACK NINE or of any THE BACK NINE personnel with any a commercial product, process or service, or used in any other manner that might mislead or imply any approval, sponsorship, endorsement or affiliation between the Client and THE BACK NINE. Commercials or other promotional messages may not be filmed at the THE BACK NINE venue unless the Client enters into a separate agreement with THE BACK NINE expressly permitting such use. Client may not use trademarks, logos or other content that is confusingly similar to the THE BACK NINE Marks. Please note that permission is at THE BACK NINE’s sole discretion and, if granted, will only be granted under certain conditions and/or subject to the Client entering into an agreement with THE BACK NINE.

23. ANNUAL MAINTENANCE FEE: FRANCHISE LOCATION desires to provide the best possible experience to its MEMBERS. 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 $50 per Member, billed to MEMBER’s credit card that is saved on file, or as billed to MEMBER through text to pay or payment link options.

24. MISCELLANEOUS: You acknowledge that you are aware of the fact that FRANCHISE LOCATION employs security cameras on the property to assure MEMBER’S 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 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, this Agreement shall be governed under the laws of the State of Utah, and venue shall be proper in 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 & DEFINITION: This document incorporates the entire Agreement between Members and FRANCHISE LOCATION. 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.