Membership Agreement

Membership Agreement

I agree to abide by the following:

I agree to abide by all rules and regulations of the Club as outlined in Addendum A and B of this Membership Contract. I understand and agree that this membership will begin on the date that this Contract is signed and will run continuously for the term of my chosen membership. I understand that this membership will automatically renew each month and it will never expire unless I cancel. I also understand that management reserves the right to increase the fees and dues for membership any time and will notify me in writing or email.

It is my complete understanding that if I wish to terminate my membership, I must give written notification to Swing Fit Golf Club 30 days prior to my desired termination date. If a member moves or is transferred (in or out of state), is involved in a divorce, becomes unable to use the facilities, etc., notification to the club management must be made in a reasonable time period.

I hereby agree to participate and/or engage in the use of the equipment, facilities and programs offered by the Club upon the understanding and agreement that:

I have read and understand the terms of this Membership Agreement as outlined in the Membership Contract Information (Addendum A) and the General Membership Information and Procedures Document (Addendum B) that is on the reverse side of this document.

Acknowledging the desirability of a physical examination before participation, I represent to the Club that I am physically capable of participation in the program of my choice without injury. I warrant and represent to you that I have no disability, impairment or ailment preventing me from engaging or participating in activity that will be detrimental or injurious to my health, safety, or physical condition if I do so engage or participate.

2. I am aware of the risks of illness or injury inherent in any golf program. These injury risks include, but are not limited to being hit by golf balls, golf clubs; stepping or tripping in holes or other indentations in the ground; pulled muscles or other sprains and strains. I am participating in the Club’s programs upon the express understanding that I hereby indemnify, waive and release the Club, it’s employees, agents, officers, Directors, Successors, and Assigns from any and all claims, costs, liabilities, expenses or judgements, including attorney’s fees and court costs (hereafter referred to as the “Claims”) arising out of my participation in the program(s) or any illness or injury resulting there from, and hereby agree to indemnify and hold harmless the Club from and against any and all such Claims.

3. I assume full responsibility for myself and anyone who becomes a member under this Contract, including any children/dependents of mine, or any of my guests, and shall indemnify Management, its affiliates, agents and employees against any and all liability incurred by them toward such. I agree that all parties associated with me and my membership will conduct themselves in alignment with the club rules. I understand and agree that any person who is a party to my Membership Contract will also be a party to this waiver/release. I hereby execute and deliver this waiver and release so that I may participate in the program(s) offered by the Club.

MEMBERSHIP CONTRACT INFORMATION ADDENDUM “A

MEMBERSHIP DUES: Costs and payment terms for your Club Membership are specified in the Membership Application and the website. Management reserves the right to increase your fees and dues for subsequent membership terms by notifying you in writing at your last known physical address or electronic mail address. Such notification shall be made by first class mail, or electronic mail a minimum of 30 days in advance of the effective date of the increase. The notice will be deemed effective when deposited with the U.S. Post Office or electronically mailed.

UNPAID BALANCES: All Unpaid balances over 10 days past due are subject to finance charge of 10 % per month. In no event will the finance charge exceed the maximum allowed by law. Any balance over 30 days past due will result in automatic suspension of membership privileges until the account is brought current, including payment of late and finance charges. Management shall have the right to turn over delinquent accounts to an attorney or collection agency. Member is obligated and hereby agrees to pay, as allowed by law, and collection costs and/or attorney’s fees incurred by Management pursuant to enforcing the financial obligation of the member.

ACCELERATION: If you are in default on your payments to us by more than 10 days, we may send you a Notice of Default and Right to Cure. You must make the account current before the next monthly payment is due to continue membership. Additionally, Management may suspend membership privileges with or without notice, until all past due amounts are paid.

RETURNED CHECKS OR BANK DRAFTS: If the bank dishonors any electronic payment, Management shall have the right to assess a service charge of $30 for each draft that is dishonored. Additionally, Management may suspend membership privileges, with or without notice, until all past due amounts are paid.

RULES AND REGULATIONS: Member agrees to abide by all membership rules and regulations, which may be posted at the Club, issued orally, published in a newsletter, posted to the Website or listed in Addendum “B” to this Contract. These rules may be amended from time to time at Management’s discretion. Management reserves the right to suspend membership privileges for violation of membership rules and regulations.

CONSIDERATION: In consideration for and in reliance on your promise to maintain your membership for the term specified and to pay the membership fees and dues as specified, we will: (1) maintain the premises in a clean, safe and healthy manner, customary with clubs of this nature; and (2) upgrade our facilities and equipment at our discretion.

ENTIRE AGREEMENT: This Contract constitutes the entire and exclusive agreement between the parties. Any promises, representations, understanding and/or agreement pertaining directly or indirectly to this Contract, which is not contained herein, are of no force or effect. This Contract may be modified only by an instrument in writing signed by management of Swing Fit Golf Club. Employees are not authorized to make any independent agreement with any Member that is contrary to this Contract or the Club’s general policies.

GENERAL MEMBERSHIP INFORMATION AND PROCEDURES ADDENDUM“B”

MEMBERSHIP: All members, spouses and children have, if in good standing, use of Club facilities during business hours published on the website and/or posted at the Club. For the safety of our members and guests, rules and regulations will be posted at facility. These may involve but are not limited to age requirements for use of technology, electronic equipment and facilities, exercise equipment. Members are encouraged to bring guests, and reserve preferred bay and green times to two weeks in advance depending on type of membership.

GUEST POLICY: Guests must be signed in at the reception desk and a waiver must be on file for all persons using the facility.

SUSPENSION OR EXPULSION OF MEMBERSHIP PRIVILEGES BY MANAGEMENT: Management has the right to suspend the privileges of any Member or expel any Member from the Club at any time for a) non-payment of dues, b) violation of this contract, c) for conduct prejudicial to the interests of the Club or d) for reasons of Management’s sole discretion. The Members shall be notified immediately in person and also in writing.

PERSONAL PROPERTY: The Club will not be responsible for any personal property that is left unattended on the Club premises by members or their guests. A lost and found box is maintained at each Club as a convenience to the members and their guests. Members and their guests are welcome to check the lost and found box if they wish. By supplying the lost and found box, the Club is in no way assuming responsibility or liability for any member or guest’s property. The Club is not a bailee and no Contract of bailment is established herein.

CLEAN GYM SHOES: Clean shoes are required in order to enter the facility at all times. All members wishing to use the facility need to bring a clean pair of shoes and change their shoes prior to entering. No spike golf shoes will be allowed in the facility.