DBA Beach City Golf Club MEMBERSHIP AGREEMENT / Southern California Golf Academy LLC

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

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 THE SOUTHERN CALIFORNIA GOLF ACADEMY. 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.

Beach City Golf Club membership MEMBERSHIP TERMS AND CONDITIONS

1. MEMBERSHIPS: Beach City Golf Club membership currently offers monthly memberships at select locations. These monthly memberships will collectively be referred to as “Monthly Memberships” in this Agreement.

2. MEMBERSHIP TERMS: If you choose a Monthly Membership, you agree that as a condition of your continued membership at Southern California Golf Academy / Beach City Golf Club, you authorize at Beach City Golf Club or its agent to charge your Payment Card the Monthly Membership Fee in effect from time to time and which may change, on each monthly periodic anniversary date of your membership, until your Monthly Membership is canceled, as set forth in this contract below. For example, if your Monthly Membership began on June 19, your periodic anniversary date is the 19th of each month, and your Payment Card will be charged for the Monthly 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 Monthly Membership Fee unless requested. You agree to pay the Monthly Membership Fee in accordance with your Payment Card issuer agreement, if applicable. You also authorize Southern California Golf Academy / Beach City Golf Club to charge your Payment Card for any other charges you may incur associated with your Monthly Membership.

MEMBERSHIP BENEFITS: Beach City Golf Club reserves the right to choose which Membership Benefits are available only to the Individual Member or authorized signers on a Membership.

a. Beach City Golf club MEMBERSHIPS

All Memberships begin as an initial (2) month term (the “Membership Initial Term”) that, if not terminated at the end of the initial 2-month period, continue as a month-to-month membership for the convenience of the Member until terminated in accordance with this Agreement. Monthly Lessons DO NOT Accrue from month to month and must be used prior to your monthly periodic anniversary date, Exception to this are at the sole discretion of the Beach City Golf Club.

3. PAYMENT CARDS: You may pay by 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”. You also authorize Beach City Golf Club to place a pending charge to your Payment Card when you sign up for any membership and prior to each subsequent periodic charge for Monthly 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 Beach City Golf Club to charge your Payment Card for any other charges you may incur associated with your Monthly Membership, if applicable.

4. 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 Monthly Membership constitutes authorization for Beach City Golf Club to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic Monthly Membership Fee, your Monthly Membership will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, Beach City Golf Club may attempt to charge the Payment Card the periodic Monthly Membership Fee every 10 days. If the charge is accepted, then your Monthly Membership benefits will be reinstated back to the original monthly periodic anniversary date. 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 Beach City Golf Club. If Beach City Golf Club is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due Beach City Golf Club fees are paid, then your Monthly 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 Monthly Membership is cancelled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Beach City Golf Club is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Monthly Membership will be terminated, and you will not be able to use your membership or any associated perks at any Beach City Golf Club location. If Beach City Golf Club terminates your membership, you will remain liable for all unpaid dues (including any Monthly Membership charges and all other charges against your account). If your membership is terminated by Beach City Golf Club, you will not receive a refund on any amounts paid under any type of membership.

From time to time, Beach City Golf Club 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 Monthly Membership, you hereby agree and authorize Beach City Golf Club 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 Beach City Golf Club will bear interest at 18% per annum (subject to applicable usury laws).

b. If a Monthly 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.

c. MEMBERSHIP FREEZE: Beach City Golf Club offers Members the ability to temporarily suspend, or “freeze,” their Monthly Membership when they know in advance they will not be using any Beach City Golf Club for an extended period.

5. SUSPENSION/TERMINATION: Beach City Golf Club 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 Beach City Golf Club terminates your membership, you will remain liable for all unpaid dues (including any Monthly Membership charges and all other charges against your account). If your membership is terminated by Beach City Golf Club, 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 Southern California Golf Academy / Beach City Golf Club 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 Southern California Golf Academy / Beach City Golf Club under this Agreement when due, and to keep and perform all the Member's promises and agreements. The Co-signer’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. DEFAULT: If you default on any payment due under this Agreement, Beach City Golf Club may declare all or any of the future payments to be made under this Agreement immediately due and payable.

8. CHANGES TO POLICIES, FACILITIES, AND PROGRAM: Beach City Golf Club may introduce new facilities or programs from time to time, which may be available to Members for an additional fee. Beach City Golf Club 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 Beach City Golf Club may change membership fees at any time; provided, however, that Beach City Golf Club will give prior notice via e-mail to Monthly Membership holders of any change to the periodic membership fees. You agree that, unless you cancel your applicable Monthly Membership prior to the effective date of the change, you will be charged the new applicable periodic Monthly Membership Fee (plus applicable taxes) on each periodic anniversary date after the effective date of such change, and you authorize Beach City Golf Club to charge the new periodic Monthly Membership Fee (plus applicable taxes) to your Payment Card. Beach City Golf Club reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at Beach City Golf Club does not involve an extension of credit or a retail installment sale since Beach City Golf Club does not impose a finance charge and you may cancel membership at any time. Void where prohibited.

9. HOURS OF OPERATION: From time to time, Beach City Golf Club may make reasonable changes to the days and hours that our facilities are open for business. You understand that Beach City Golf Club will be busier at some times than others on different days of the week.

10. WAIVER: You understand that your use of Beach City Golf Club 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 Beach City Golf Club, 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 Beach City Golf Club. You expressly release and discharge Beach City Golf Club, 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.

11. SAFETY: By playing at any Beach City Golf Club, 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 member taking a turn is allowed near or on the mat. All other guests must stand behind the yellow line 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 driving range at all times. Hitting golf balls over the boundary netting is prohibited, and guests 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.

Guests under 13 should be supervised by an adult.

12. VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance with any rules and regulations of Beach City Golf Club 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, Beach City Golf Club (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. Beach City Golf Club 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.

13. INJURIES: You will immediately report any accident or injury suffered in Beach City Golf Club facilities to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by Beach City Golf Club.

14. DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear is required within the facility at all times. Bare feet are not acceptable anywhere at Beach City Golf Club. Inappropriate, foul and/or lewd language or behavior is not acceptable and can result in suspension of your membership.

Members and guests are subject to the control and guidance of the Beach City Golf Club staff and must follow their instructions while at Beach City Golf Club. Members and guests agree to conduct themselves in a well-mannered fashion when in or about Beach City Golf Club and not cause any disturbances or interfere with the safe use or enjoyment of Beach City Golf Club by other members and guests.

15. DAMAGE TO FACILITIES: You agree to pay for damage to Beach City Golf Club equipment and premises and third party property outside of Beach City Golf Club caused by you and/or your guests (or guests’) careless use of equipment or other intentional or negligent acts.

16. TEMPORARY CLOSURE: Beach City Golf Club 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.

17. EARLY TERMINATION BY Beach City Golf Club: Southern California Golf Academy may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by Beach City Golf Club from time to time. Beach City Golf Club may terminate this Agreement without cause if a 90 day notice is given to the Member.

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

Memberships still in the Initial Term may be terminated with (1) Days WRITTEN NOTICE with a single payment equal to two (2) months membership fee plus applicable tax (the “Early Termination Fee”). Monthly dues previously owing and/or already paid monthly dues will not be considered as part of the Early Termination Fee under any circumstances. A Monthly Membership past the Monthly Membership Initial Term may also be terminated with one (1) days WRITTEN NOTICE, however, you will be charged for any additional renewals that occur within the 1 day notice period. To cancel your Monthly Membership, contact Member Services. There are no refunds for any time period (or portions thereof) already billed or paid for.

19. LIMITATION OF LIABILITY: Recovery for any breach of this Agreement by Beach City Golf Club is strictly limited to the amount you have paid to Beach City Golf Club, and you agree that recovery of incidental and consequential damages are not a remedy available to you.

20. 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: Beach City Golf Club may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Beach City Golf Club in this Agreement, then Beach City Golf Club 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 California.

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 Beach City Golf Club. Beach City Golf Club 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.

Effective date: April 9, 2018

By Clicking agree the Signee agrees to the Beach City Golf Club Member Agreement and Terms and Conditions stated in this Agreement:

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