BEHIND THE WOODSHOP, LLC
MEMBERSHIP AGREEMENT 
(“Agreement”)

Membership Benefits include:

• Private access to Trackman4 & Simulator
• Up to 2 hours per day; maximum usage is 24 hours per month
• Guest privileges
• Complimentary food and beverage

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Membership Terms, Conditions and Policies

In consideration of the opportunity to use Behind the Woodshop, LLC’s (“BTW”) Premises (“Premises” shall be defined as the BTW facility, parking lot, common areas of the building for access purposes only, golf simulators and related equipment and components), I hereby agree to the following terms and conditions of membership:

1. Access Policy/Hours of Operation. Booking a reservation is required.  You may book your reservation via foreUp. Upon subscription of your membership, you will receive instructions on the use of the foreUp app. Reservations are limited to 2 hours per day for a maximum usage of

24 hours per month. You may book reservations up to 7 days in advance. You will be given a code to access the Premises during the hours of operation. From time to time, BTW may make reasonable changes to the days and hours that the Premises are open for business. You understand that BTW will be busier at certain times than others on different days of the week. The Premises will be open for use 7 days per week and holidays.  The hours of operation are from 6:00 a.m. until 11:00 p.m.  The access code is only permitted to be used by you.

2. Pricing. The monthly fee for membership access to the Premises shall be $200.00 (the “Fee”).

3. Members. Members must be 18 years of age or older. Membership may include a spouse.

4. Payment. The Fee shall be billed to your Payment Method on the first day of each month of your membership, in advance. You are solely responsible for all Fees charged to your Payment Method by the issuer, bank or financial institution including, but not limited to, membership, overdraft, and insufficient funds fees. If for any reason your Payment Method will not accept charges for any Fees, your membership will be automatically suspended. To reinstate your membership, you must update your Payment Method information by emailing Casey Priseman at behindthewoodshop@gmail.com. Any additional charges you incur under this Agreement will also be charged to your Payment Amount. If you wish to terminate your membership, you must notify BTW at behindthewoodshop@gmail.com no later than 7 days before the end of the month. If you fail to so notify, your membership will be renewed for the following month, and you will not receive reimbursement for that following month but will be able to continue to access the Premises. 

From time to time, BTW 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 your membership, you hereby agree and authorize BTW 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 updated programs.

5. Suspension/Termination of Membership. BTW may suspend or terminate your membership at any time for breach of this Agreement or for any other reason by giving you written notice of such suspension or termination, with or without cause. If BTW suspends or terminates your Membership, your door access code will be suspended or erased, as appropriate, and you will remain liable for all unpaid Fees (including any recurring Fees and all other charges against your account). If your membership is terminated for cause, as solely determined by BTW, you will not receive a refund on any amounts paid pursuant to this Agreement. If your membership is terminated without cause, the Fees you have paid in advance for the remainder of the payment term will be prorated and BTW will refund the unused portion.
6. Changes to Policies, Premises: BTW may publish and amend policies and regulations the Premises via email communication or modify the Membership Fee via email communication from time to time and for any reason; provided, however, that BTW will give prior notice via e-mail to you of any Fee changes. You agree that, unless you cancel your Membership prior to the effective date of the change, you will be charged the new Fee (plus applicable taxes) on each Payment Date after the effective date of such change, and you authorize BTW to charge the new Fee (plus applicable taxes) to your Payment Method. BTW reserves the right to suspend, modify or end your Membership without prior notice, in its sole discretion.
7. Guest Policy. You may invite guests to join you when visiting the Premises. Guests shall be subject to all the rules and policies herein and must sign a guest Release Agreement upon entry of the Premises. The Release Agreement can be found on the Premises. All guests must sign the guest Release Agreement and leave it at the Premises.  IF YOUR GUEST DOES NOT SIGN THE GUEST RELEASE AGREEMENT, YOU WILL BE RESPONSIBLE FOR, AND WILL INDEMNIFY AND DEFEND BTW AGAINST, ANY AND ALL CLAIMS BROUGHT BY A GUEST AGAINST BTW TO THE SAME EXTENT AS YOUR OBLIGATIONS TO BTW UNDER SECTION 9 BELOW.  GUESTS ARE SUBJECT TO THE POLICIES AND RULES SET FORTH AT SECTION 10 BELOW.
8. Reservation Cancellation. You may cancel a reservation upon at least two hours prior notice on the foreUP app. If you fail to show for your reservation (without the appropriate cancellation) more than three times per year, your membership may be terminated, in the sole discretion of BTW. For your noncompliance with this cancellation policy, BTW, in its sole discretion, may charge you an additional $25 fee for each no-show.
9. Waiver, Indemnity, Release. You understand that your use of the Premises will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the 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 (“Risks”). Accordingly, you (“Releasing Party”) agree to the following:

1. I hereby release, indemnify, defend, and hold harmless BTW, its members, managers, employees, agents, and contractors (collectively, “Releasees”) from and against any claim, demand, loss, liability, injury, damages, attorneys’ fees and costs whatsoever (“Claims”), arising from, related to, or resulting from these Risks. I further acknowledge and assume all risks, both foreseeable and unforeseeable, associated with my occupying and use of the Premises.

1. I recognize the physical exertion involved in the use of the Premises and attest and certify that I am physically fit to participate safely.

1. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation at BTW.

1. I will be personally liable for any and all damage to the Premises caused by my negligent, reckless, or intentional actions and the actions of my guest(s).

1. I hereby waive, to the fullest extent permitted by applicable law, any right to a trial by a jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or any injury sustained or caused by any person in connection with the Activities (whether based on contract, tort or any other theory). I further expressly acknowledge, on behalf of myself and the Releasing Parties, that this waiver is made for the express purpose of expediting resolution of any dispute relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities between the Releasing Parties and the Released Parties.

1. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a claim on my behalf or on behalf of my estate.

You further agree that BTW, its affiliates, subsidiaries, members, managers, employees, and agents

(“BTW Parties”) will not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you, your guests or your property (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or connected with the use of any of the services at the facility. You expressly release and discharge the BTW 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 BTW Parties. You further agree to defend, indemnify and hold harmless the BTW Parties from and against any and all such Claims, attorneys’ fees and costs, and costs of collection incurred by the BTW Parties in connection with the Claims as well as any damages incurred by the BTW Parties for breach of this Agreement.

10. Safety and Conduct Policy. By participating at the BTW facility, you agree to abide by the following safety and conduct rules, as well as other rules posted at the Premises or communicate to you via email from BTW:
    1. Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.
    2. 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.

1. Only the player taking a turn is allowed near or on the mat. All other guests must stand behind the turf and on the carpet 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.

1. Please wear appropriate shoes; tennis shoes and spike-less golf shoes are permitted.

1. No alcohol permitted on the Premises.

1. Use clean clubs and golf balls free of debris, markings, abrasions etc.

1. Golf swings to be made in the hitting bay only.

1. You are under video surveillance; any damages to BTW must be reported immediately to behindthewoodshop@gmail.com and repair fees may be charged to your member account.

1. No pets allowed.

1. No smoking.

1. No use of facilities while under the influence of alcohol and/or any drug, whether legal

(prescribed or over-the-counter), or illegal. Any use of illegal drugs (including medical

cannabis) on the Premises is grounds for immediate revocation of membership and no prorated portion of the Fee will be refunded.

1. In emergencies, call 911 and notify BTW immediately at behindthewoodshop@gmail.com.

1. At least one member must accompany any guest(s) during Premises access and use.

1. Any minor(s) must be accompanied by a member 21 or older who will physically remain on site to supervise the minor for the duration of the minor’s stay.

1. Aim for the targets at all times. Members are responsible for damages or injuries caused by any balls hit outside of the hitting bay.

1. Throwing golf balls is prohibited.

1. Only dispense and hit one golf ball at a time.

11. Violation Of Posted Rules and Regulations. All members and guests are subject to compliance with any rules and regulations of BTW that may be posted from time to time on the Premises or via email from BTW. In the event that you fail to comply with said rules and regulations, BTW may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. BTW 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 shall be effective immediately.
12. Injuries. You will immediately report any accident or injury suffered on the BTW Premises to behindthewoodshop@gmail.com, and you will provide a written report from your doctor within a reasonable time, if requested by BTW.
13. Dress Code/Personal Conduct. Appropriate clothing and footwear is required within the Premises at all times. Bare feet are not acceptable anywhere in the Premises. Inappropriate, foul and/or lewd language or behavior is not acceptable and may result in suspension or cancellation of your membership.

You and your guests agree to conduct yourselves in a well-mannered fashion when in or about the Premises and shall not cause any disturbances or interfere with the safe use or enjoyment of BTW by other members or their guests.

14. Damage To Facilities. You agree to pay for damage to BTW Premises and third-party property outside of BTW caused by your and/or your guests’ careless use of equipment or other intentional or negligent acts.
15. Temporary Closure. BTW may temporarily close the facility in its sole discretion for repairs or cleaning.
16. Limitation Of Liability. In no event shall BTW be liable to you for indirect, special or consequential damages of any nature whatsoever. BTW’s liability hereunder shall be capped at the amounts paid by Member hereunder.
17. Use Of BTW Name/Logo/Images: Member use of BTW promotional or display materials, including any images or materials (collectively, “Images”), that refer to or depict the BTW facility or BTW’s name, logo, symbol, trademark or tradename (collectively, “BTW Marks”) shall be subject to BTW’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 located on the Premises without the prior written approval of BTW. You have no rights or interests in any intellectual property owned or licensed by BTW. Images may not be used to state or imply the endorsement by BTW or of any BTW 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 you and BTW. Commercials or other promotional messages may not be filmed at the BTW facility unless you enter into a separate agreement with BTW expressly permitting such use. You may not use trademarks, logos or other content that is confusingly similar to the BTW Marks. If you wish to obtain BTW’s permission for any uses of Images or the BTW Marks or for any other use which is not specifically addressed in this Agreement or you become aware of unauthorized use of the BTW Marks, please contact behindthewoodshop@gmail.com. Please note that permission is at BTW’s sole discretion and, if granted, will only be granted under certain conditions and/or subject to you entering into a separate agreement with BTW.
18. Miscellaneous:
    • No Waiver. No waiver of any provision in this Agreement by either party shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

• Assignment. BTW may assign this Agreement and, provided that the assignee agrees to assume the obligations of BTW in this Agreement, BTW 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. This Agreement is governed by the laws of the State of Utah, and the parties hereto agree to the venue of the District Court of Summit County, UT.

• 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 BTW. 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 SUBSCRIPTION AGREEMENT AND ANY EMAIL AMENDMENTS OR CHANGES WHICH WILL BE AUTOMATICALLY INCLUDED HEREIN. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, LIMITATION OF LIABILITY, WAIVER, DEFENSE, INDEMNITY AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN IN THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH BTW. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS SUSPENDED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF SUSPENSION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED.