These Terms and Conditions ("Terms") govern your use of the Birdie House Golf Club website, our membership and booking platform, our text and email communications, and our facilities (together, the "Services"). They are issued by BHGC Houston Scout LLC (Houston), Birdie House Genesis LLC (Dallas), and BHGC OKC Scout LLC (Oklahoma City), each doing business as Birdie House Golf Club (together, "Birdie House," "we," "our," or "us"). "Facility" means any location we operate.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 13) AND LIMITATIONS ON OUR LIABILITY (SECTIONS 9 AND 11).

1. Acceptance and Related Documents

1.1 By using our website, submitting a form, creating an account, purchasing a membership, or entering a Facility, you agree to these Terms. If you do not agree, do not use the Services.

1.2 These Terms work together with three other documents, each posted on our website:

• the Membership Agreement, which you sign at registration and which governs your membership, fees, billing, credits, reservations, cancellations, and Facility Rules;

• the Waiver of Liability, Assumption of Risk, and Indemnity Agreement (the "Waiver"), which governs assumption of risk, release of liability, and indemnity for everyone who enters a Facility; and

• the Privacy Policy, which governs how we handle personal information.

1.3 Order of precedence. If these Terms conflict with another document: the Waiver controls as to assumption of risk, release, and indemnity; the Membership Agreement controls as to membership terms, fees, billing, credits, reservations, cancellations, and Facility Rules; the Privacy Policy controls as to personal information; and these Terms control everything else. Nothing in these Terms limits or replaces the Waiver or the Membership Agreement.

2. Who We Are and How the Club Works

2.1 Birdie House operates members-only indoor golf simulator clubs. Our Facilities are unstaffed. Members reserve simulator bays through our booking platform and receive a door access code before each reservation. We do not offer public walk-in play, and we do not sell or serve food or alcohol.

2.2 Our locations:

• Houston: 2000 Edwards Street, Building C, Houston, TX 77007

• Dallas (Uptown): 4405 Belmont Avenue, Dallas, TX 75204

• Oklahoma City: 912 N.W. 23rd Street, Oklahoma City, OK 73106

3. Eligibility and Accounts

3.1 You must be at least 18 years old to create an account, purchase a membership, or bring guests to a Facility. By creating an account you represent that you are at least 18 and that the information you provide is accurate and current.

3.2 Minors may enter a Facility only as a guest of a Member and only with a parent or legal guardian physically present and actively supervising, as described in the Waiver and the Membership Agreement. We do not create accounts for minors.

3.3 Accounts are created and managed through our booking platform (currently PlayByPoint), which has its own terms of use. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at membership@birdiehousegolfclub.com if you believe your account has been accessed without authorization.

4. Memberships, Reservations, and Payments

4.1 Membership types, pricing, credits, reservation rules, cancellation windows, no-show rules, freezes, and membership cancellation are governed by your Membership Agreement and by the current terms displayed in the booking app. Where these Terms and the Membership Agreement differ, the Membership Agreement controls.

4.2 Memberships and credits are billed to the payment card on file through our payment processor (currently CardConnect). Because our Facilities are unstaffed, we do not accept cash or in-person payment. You authorize us to charge the card on file for membership fees, credit purchases, and any damage or other charges permitted by the Membership Agreement.

4.3 Prices may change with notice as provided in the Membership Agreement. Applicable taxes may be added.

4.4 Promotions, referral offers, and discounts are subject to any additional terms stated in the offer. We may modify or end a promotion at any time as to future purchases.

4.5 Submitting a waitlist form on our website does not create a membership or reserve a spot. It allows us to contact you about availability. Membership is offered at our discretion and may be capped by location.

5. Facility Access and Conduct

5.1 Facilities are unstaffed and unsupervised. You are responsible for your own safety and for the safety and conduct of anyone you admit, as set out in the Waiver.

5.2 Access codes are personal. Do not share your code or admit anyone other than your guests. You are responsible for every person who enters using your code.

5.3 You agree to follow the Facility Rules in the Membership Agreement, all rules posted at the Facility, and all instructions provided in the booking app. Without limiting those rules: only one person swings at a time and everyone else stays behind the hitting area; use only the balls and tees we provide; no glass on or near turf or screens; no spiked shoes on turf; clean up before you leave; do not alter simulator software or hardware settings beyond normal gameplay; no commercial instruction, and no filming for commercial purposes, without our written approval; and do not use a Facility while impaired by alcohol, drugs, or medication.

5.4 You are responsible for damage to a Facility or its equipment caused by you or anyone you admit, beyond normal wear and tear. We may charge the card on file for repair or replacement costs as provided in the Membership Agreement.

5.5 Members may bring guests within the limits in the Membership Agreement, must be present for the guest's entire visit, and are responsible for their guests as described in the Waiver. Guests are bound by the Waiver by entering a Facility.‍ ‍

5.6 We may end a session, suspend access, or terminate a membership for violations of these Terms, the Membership Agreement, the Waiver, or the Facility Rules; for unsafe, abusive, or disruptive conduct; for code sharing; or for non-payment, as provided in the Membership Agreement. Facilities are recorded; see the Privacy Policy.

6. Communications and SMS Terms

6.1 By providing your contact information, you agree to receive transactional communications about your membership and reservations, such as confirmations, access codes, receipts, and service or closure notices, by email and text.

6.2 SMS program terms (Birdie House Alerts). Birdie House sends account and reservation texts and, only to those who opt in, marketing texts about offers, waitlist openings, and events. You may opt in to marketing texts by checking the opt-in box on a sign-up form or by texting a keyword to our number. Consent to marketing texts is not a condition of membership or of any purchase. Message frequency varies (typically 4 or fewer marketing messages per week). Message and data rates may apply. Reply STOP to cancel at any time. Reply HELP for help, or contact membership@birdiehousegolfclub.com. Carriers are not liable for delayed or undelivered messages. We do not share mobile numbers or SMS consent with third parties or affiliates for their marketing purposes. See our Privacy Policy for how we handle your mobile information.

6.3 You consent to receive notices and agreements from us electronically, and you agree that electronic notices and electronic signatures satisfy any legal requirement that a communication be in writing or signed.

7. Website Use

7.1 You may use our website for lawful purposes related to learning about and using the Services. You may not: use automated tools to scrape, crawl, or harvest content or data; attempt to access accounts, systems, or data you are not authorized to access; interfere with the operation or security of the website or booking platform; submit false information; or use the website to send spam or unlawful content.

7.2 Our website links to and integrates with third-party services, including our booking platform, payment processor, and social media platforms. Those services are governed by their own terms and privacy policies, and we are not responsible for them.

7.3 We may change, suspend, or discontinue any part of the website at any time.

8. Intellectual Property

8.1 The Birdie House Golf Club name, logo, website content, photographs, videos, and designs are owned by or licensed to Birdie House and are protected by trademark and copyright law. You may not copy, reproduce, distribute, or create derivative works from them, or use our name or logo, without our prior written permission, except to share links to our website or to our public social media posts.

8.2 If you send us feedback, suggestions, reviews, or content (including by tagging us on social media), you grant us a non-exclusive, royalty-free, perpetual license to use it in connection with the Services and our marketing, and you represent that you have the right to grant that license. Use of your image and likeness captured at a Facility is governed by the Waiver and the Privacy Policy.

9. Disclaimers‍ ‍

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, THE BOOKING PLATFORM, AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR BOOKING PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SIMULATOR EQUIPMENT OR SOFTWARE WILL BE AVAILABLE OR OPERATE WITHOUT FAULT, OR THAT SIMULATOR DATA SUCH AS BALL FLIGHT, DISTANCE, OR SCORING IS ACCURATE.

Equipment outages, software issues, and maintenance closures are handled as provided in the Membership Agreement.

10. Indemnification

You agree to indemnify and hold harmless Birdie House and its members, managers, officers, employees, agents, and contractors from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms or your misuse of the website or booking platform. Indemnity relating to your presence at a Facility, including claims by your guests and any minors you bring, is governed by the Waiver.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIRDIE HOUSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE WEBSITE, THE BOOKING PLATFORM, OR THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRDIE HOUSE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE BOOKING PLATFORM, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO BIRDIE HOUSE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.‍ ‍

Claims for personal injury, death, or property damage arising from your presence at a Facility are governed by the Waiver, not by this Section. This Section does not limit liability for gross negligence, willful misconduct, or fraud, or any liability that cannot be limited under the law of the state in which the relevant Facility is located.

12. Termination

We may suspend or terminate your access to the website or the Services for violation of these Terms or as provided in the Membership Agreement. Membership termination, refunds, and effective dates are governed by the Membership Agreement. Sections 8 through 14 survive termination.

13. Governing Law and Dispute Resolution

13.1 Governing law. Any claim relating to a specific Facility, or to a membership at a specific Facility, is governed by the law of the state in which that Facility is located, without regard to conflict-of-law principles. Any other claim relating to the website or these Terms is governed by the laws of the State of Texas.

13.2 Arbitration. Any dispute arising out of or relating to these Terms, the website, or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual claim in small claims court. If you are a Member, the dispute resolution provisions of your Membership Agreement also apply and are consistent with this Section.

13.3 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND BIRDIE HOUSE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

13.4 Venue. To the extent any matter is not subject to arbitration, exclusive venue lies in the state or federal courts located in Harris County, Texas (Houston Facility), Dallas County, Texas (Dallas Facility), or Oklahoma County, Oklahoma (Oklahoma City Facility). For matters not connected to a specific Facility, exclusive venue lies in the state or federal courts located in Dallas County, Texas.

14. General ‍

14.1 Changes to these Terms. We may update these Terms by posting a revised version with a new "Last Updated" date. Material changes will be communicated to Members by email or, if you have opted in, by text. Your continued use of the Services after a change constitutes acceptance of the revised Terms. Changes to your Membership Agreement or the Waiver are handled as those documents provide.

14.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions remain in full force and effect.

14.3 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

14.4 Assignment. You may not assign or transfer your membership or your rights under these Terms. We may assign these Terms to an affiliate or to a successor to a Facility.

14.5 Entire agreement. These Terms, together with the Membership Agreement, the Waiver, and the Privacy Policy, are the entire agreement between you and Birdie House regarding the Services, subject to the order of precedence in Section 1.3.

14.6 Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including utility or internet outages, severe weather, third-party equipment or software failures, or government action.

15. Contact

Birdie House Golf Club Email: membership@birdiehousegolfclub.com

Houston: 2000 Edwards Street, Building C, Houston, TX 77007

Dallas (Uptown): 4405 Belmont Avenue, Dallas, TX 75204

Oklahoma City: 912 N.W. 23rd Street, Oklahoma City, OK 73106