1. Definitions

"Birdie House" means, collectively and individually, BHGC Houston Scout LLC, a Texas limited liability company (Houston); Birdie House Genesis LLC, a Texas limited liability company (Dallas); and BHGC OKC Scout LLC, an Oklahoma limited liability company (Oklahoma City); together with any other entity that operates a Birdie House Golf Club facility.

"Released Parties" means Birdie House and each of its parents, subsidiaries, and affiliated entities, and each of their respective members, managers, officers, employees, agents, independent contractors, volunteers, insurers, successors, and assigns, and the owners and landlords of the real property on which any Facility is located.

"Facility" means any premises operated by Birdie House, including simulator bays, common areas, restrooms, entryways, and any parking areas, sidewalks, or exterior areas that Birdie House controls.

"Activities" means entering or being present at a Facility, using simulator bays, swinging clubs, hitting golf balls, using any equipment, and any other activity at a Facility.

"You" and "your" mean the person accepting this Waiver, whether as a Member, as a Guest, or as a parent or legal guardian accepting on behalf of a Minor.

"Member," "Guest," and "Minor" have the meanings given in Sections 8 and 9.

2. Who This Waiver Applies To and How Long It Lasts

2.1 This Waiver applies to every Member, every Guest, and every Minor (through the Minor's parent or legal guardian). No one may participate in Activities without first accepting this Waiver.

2.2 This Waiver applies to every visit to every Facility, not only the visit during which you accept it. It remains in effect for as long as you are a Member or continue to visit any Facility, and it continues to apply to any claim arising from a visit that occurred while it was in effect. Any later acceptance of this Waiver, or of an updated version, supplements and does not replace or narrow any earlier acceptance.

2.3 How you accept this Waiver. Members accept this Waiver by signing the Membership Agreement at membership registration, which incorporates this Waiver by reference, and that acceptance applies to every bay reservation and every visit made under the membership. Every other person, including every Guest and every parent or legal guardian of a Minor who is not a Member, agrees to this Waiver by entering a Facility. This Waiver is posted on the Birdie House website so that every person may read it before entering.

3. Unstaffed Facility Acknowledgment

You understand and agree that Birdie House Facilities are unstaffed. There are no Birdie House employees on site during your visit. Specifically, you acknowledge that:

(a) No one will supervise, instruct, or monitor your Activities. Video cameras record the Facility for security and safety purposes, but recordings are not monitored in real time, are reviewed only as needed, and must not be relied on for assistance.

(b) There are no first-aid personnel, medical staff, or emergency responders on site. No automated external defibrillator (AED) is available at the Facility. In an emergency, you are responsible for calling 911. The street address of the Facility is shown in the booking app and in your reservation confirmation.

(c) You are responsible for inspecting the bay, hitting mat, impact screen, enclosure, flooring, and any equipment before use. If anything appears damaged, worn, loose, wet, or otherwise unsafe, you agree not to use it and to report it promptly through the booking app.

(d) You are responsible for your own safety and for the safety and conduct of every Guest and Minor you admit to or bring to the Facility.

(e) You know how to exit the Facility and will follow any posted emergency instructions.

4. Acknowledgment and Assumption of Risk

4.1 You understand that the Activities involve inherent and other risks that cannot be eliminated regardless of the care taken. These risks include, but are not limited to:

• being struck by a golf club swung by you or by another person;

• being struck by a golf ball, including balls that rebound, ricochet, or return unexpectedly off the impact screen, enclosure, netting, walls, ceiling, or floor;

• slipping, tripping, or falling on turf, hitting mats, flooring, steps, or thresholds, including surfaces that may be wet or uneven;

• muscle, joint, back, shoulder, wrist, and other injuries from swinging, repetitive motion, overexertion, or improper technique;

• failure, malfunction, or unexpected operation of equipment, including impact screens, projectors, launch monitors, sensors, ball feeders, computers, electrical systems, mats, and fixtures;

• the conduct of other Members, Guests, and Minors, including their carelessness, recklessness, or failure to follow rules;

• the condition of the Facility premises, including hazards that may not be known to Birdie House;

• delays in emergency response resulting from the unstaffed nature of the Facility;

• your own physical condition, fitness level, fatigue, or impairment; and

• the negligence of the Released Parties.

4.2 You understand that these risks may result in property damage, minor injury, serious injury, permanent disability, paralysis, or death.

4.3 You knowingly, voluntarily, and freely assume all of these risks, and all other risks of the Activities, whether known or unknown, foreseeable or unforeseeable, and whether or not described above. You accept full responsibility for any loss, injury, or damage that results.

5. RELEASE OF LIABILITY AND COVENANT NOT TO SUE

READ THIS SECTION CAREFULLY. IT RELEASES CLAIMS FOR THE RELEASED PARTIES' OWN NEGLIGENCE.

5.1 IN CONSIDERATION OF BEING PERMITTED TO ENTER AND USE A FACILITY AND PARTICIPATE IN THE ACTIVITIES, YOU, ON BEHALF OF YOURSELF AND YOUR SPOUSE, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, EXPENSES, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PRESENCE AT ANY FACILITY OR YOUR PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, DEATH, EMOTIONAL DISTRESS, AND DAMAGE TO OR LOSS OF PROPERTY.

5.2 THIS RELEASE EXPRESSLY INCLUDES, AND YOU SPECIFICALLY INTEND IT TO INCLUDE, CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES, INCLUDING NEGLIGENCE IN THE DESIGN, CONSTRUCTION, MAINTENANCE, INSPECTION, OR OPERATION OF THE FACILITY OR ITS EQUIPMENT; NEGLIGENT SUPERVISION OR FAILURE TO SUPERVISE; NEGLIGENT FAILURE TO WARN; NEGLIGENT HIRING OR RETENTION; AND CLAIMS BASED ON PREMISES LIABILITY, BREACH OF WARRANTY, OR STRICT LIABILITY.

5.3 This release does not apply to claims arising from the gross negligence, willful misconduct, intentional wrongdoing, or fraud of a Released Party, or to any claim that cannot lawfully be released under the law of the state in which the Facility is located. If any portion of this release is found to be unenforceable, the release shall be enforced to the fullest extent permitted by applicable law.

5.4 You intend this release to be as broad and inclusive as the law of the state in which the Facility is located permits.

6. INDEMNIFICATION AND HOLD HARMLESS

6.1 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT FEES, AND COSTS OF DEFENSE) ARISING OUT OF OR RELATED TO:

(a) YOUR CONDUCT OR ACTIVITIES AT ANY FACILITY, INCLUDING YOUR OWN NEGLIGENCE;

(b) YOUR BREACH OF THIS WAIVER, THE FACILITY RULES, OR YOUR MEMBERSHIP AGREEMENT;

(c) ANY CLAIM BROUGHT BY OR ON BEHALF OF ANY GUEST, MINOR, OR OTHER PERSON YOU ADMIT TO, BRING TO, OR SUPERVISE AT A FACILITY, INCLUDING CLAIMS FOR INJURY TO OR DEATH OF THAT PERSON, AND EXPRESSLY INCLUDING CLAIMS THAT ALLEGE OR ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES; AND

(d) DAMAGE TO THE FACILITY OR ITS EQUIPMENT CAUSED BY YOU OR BY ANY PERSON YOU ADMIT TO OR BRING TO THE FACILITY.

6.2 This indemnity does not apply to the extent a claim is caused by the gross negligence, willful misconduct, or intentional wrongdoing of a Released Party, or to the extent indemnity is prohibited by the law of the state in which the Facility is located.

7. Health, Fitness, and Emergency Medical Care

7.1 You represent that you are in good health and physically able to participate in the Activities, and that you have no medical condition, injury, or impairment that would make participation unsafe for you or for others. If you are unsure, you agree to consult a physician before participating.

7.2 You agree not to participate in Activities while impaired by alcohol, drugs, or medication, or while otherwise unable to participate safely.

7.3 You acknowledge that no medical personnel, medical treatment, or AED is available at the Facility and that you are responsible for calling 911 in an emergency. If a Released Party or any other person nonetheless arranges or provides emergency care for you or for a Minor in your care, you consent to that care and agree that the Released Parties are not responsible for its results.

7.4 You are solely responsible for all costs of medical, ambulance, and hospital care for yourself and for any Minor or Guest in your care.

7.5 Birdie House does not provide accident, health, or medical insurance for participants. You are responsible for your own coverage.

8. Guests

8.1 A "Guest" is any person who is not a Member and who enters a Facility with, or on the access code of, a Member.

8.2 Guests do not separately sign this Waiver. A Guest agrees to this Waiver by entering a Facility. Before a Guest enters, the Member admitting the Guest must inform the Guest that this Waiver and the Facility rules apply to the Guest and where the Guest can read them. A Guest who is a Minor may participate only as provided in Section 9.

8.3 The Member who admits a Guest must be present at the Facility for the Guest's entire visit and is responsible for the Guest's conduct, safety, compliance with the Facility rules, and any damage the Guest causes. Because Guests do not sign this Waiver, the Member's indemnity under Section 6 is the Member's agreement to stand behind every Guest the Member admits, and it applies to every claim by or on behalf of a Guest whether or not the Guest read or agreed to this Waiver.

9. Minors

9.1 A "Minor" is any person under 18 years of age.

9.2 A Minor may enter a Facility and participate in Activities only if (a) the Minor's parent or legal guardian has agreed to this Waiver on the Minor's behalf, either by signing the Membership Agreement as a Member or by entering the Facility as a Guest, (b) the parent or legal guardian is physically present in the bay and actively supervising the Minor at all times, and (c) the Minor participates only during hours when Minors are permitted, as posted in the booking app.

9.3 If you are the parent or legal guardian of a Minor who enters a Facility, you are accepting this Waiver on the Minor's behalf, and you represent and agree that:

(a) you are the Minor's parent or legal guardian and have full legal authority to enter into this Waiver on the Minor's behalf;

(b) you have explained the risks described in Section 4 to the Minor, and you and the Minor understand and accept them;

(c) you assume, on the Minor's behalf and on your own behalf, all risks of the Minor's Activities as described in Section 4;

(d) you release the Released Parties, to the fullest extent permitted by law, from any and all claims that you personally have or may have arising from the Minor's presence at a Facility or participation in Activities, including claims for the Minor's medical expenses, loss of the Minor's services, and your own emotional distress, and including claims caused by the negligence of the Released Parties;

(e) you agree to indemnify, defend, and hold harmless the Released Parties from and against any claim brought by or on behalf of the Minor, or by any other person on account of injury to the Minor, including claims that allege or are caused in whole or in part by the negligence of the Released Parties, together with reasonable attorneys' fees and costs of defense;

(f) you will remain in the bay and actively supervise the Minor at all times, will permit the Minor to swing only when it is safe and no other person is within reach of the club or in the path of the ball, and will not leave the Minor unattended at the Facility for any reason; and

(g) if you are not the Member who admitted the Minor, you understand that the Member remains responsible under Sections 6 and 8 in addition to you.

9.4 A Member who admits a Minor to a Facility is responsible for ensuring that the Minor's parent or legal guardian is present and supervising as required by this Section, and the Member's indemnity under Section 6 applies to every claim by or on behalf of the Minor.

10. Facility Rules, Equipment, and Access Codes

10.1 You agree to follow all rules posted at the Facility, all instructions provided in the booking app or by Birdie House in writing, and the Facility Rules in your Membership Agreement. Birdie House does not have staff on site to enforce these rules, and you are responsible for following them without supervision.

10.2 Without limiting the posted rules, you agree that: only one person may swing at a time; every other person must remain behind the hitting area and outside the arc of the club and the path of the ball; you will use only the golf balls and tees provided by Birdie House; you will inspect any club or other equipment you use, including your own, before use; and you will not use any equipment that appears damaged.

10.3 You are responsible for any damage to the Facility or its equipment caused by you or by any person you admit to or bring to the Facility, beyond normal wear and tear, and you authorize Birdie House to charge repair or replacement costs as provided in your Membership Agreement.

10.4 Access codes are personal to you. You will not share your access code with anyone, and you are responsible for every person who enters a Facility using your code.

11. Video Recording, Photography, and Use of Likeness

11.1 You acknowledge that all Facilities are under continuous video surveillance for safety, security, and operational purposes; that simulator bays may include session recording and swing playback features; and that the recording systems may capture audio as well as video. By entering a Facility, you consent to being recorded. Recordings are handled as described in the Birdie House Privacy Policy.

11.2 You grant Birdie House and its affiliates a perpetual, royalty-free license to use, reproduce, and display photographs, video, and swing data depicting you, captured at a Facility, for marketing, promotional, training, and quality purposes, in any media now known or later developed, without compensation to you. You may withdraw this consent for future marketing use by written notice to Birdie House; withdrawal does not affect materials already created or published.

11.3 The license in Section 11.2 covers only your own likeness. Birdie House will not use the likeness of a Guest or a Minor for marketing purposes without that person's (or, for a Minor, the parent's or legal guardian's) separate consent.

12. Personal Property

The Released Parties are not responsible for loss of, theft of, or damage to any personal property, including golf clubs, bags, and electronic devices, brought to or left at a Facility.

13. Governing Law, Venue, and Dispute Resolution

13.1 This Waiver, and any claim relating to your presence at or use of a Facility, is governed by the laws of the state in which that Facility is located, without regard to conflict-of-law principles.

13.2 If you are a Member, any dispute is subject to the dispute resolution provisions of your Membership Agreement, including its arbitration and class action waiver provisions, which are incorporated here by reference.

13.3 If you are not a Member, or if the dispute resolution provisions of the Membership Agreement do not apply, you agree that any dispute arising out of or relating to this Waiver or your presence at a Facility 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. YOU AND BIRDIE HOUSE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

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

14. General Terms

14.1 Relationship to Membership Agreement. This Waiver supplements your Membership Agreement. If this Waiver conflicts with the Membership Agreement for the Facility you are visiting, the Membership Agreement controls as to membership terms, fees, billing, and Facility Rules, and this Waiver controls as to assumption of risk, release, and indemnity.

14.2 Severability. If any provision of this Waiver is held invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall continue in full force and effect. You and Birdie House intend that the assumption of risk, release, and indemnity provisions be given the broadest effect the law allows.

14.3 Acceptance and Electronic Signatures. Members accept this Waiver by signing the Membership Agreement, which incorporates this Waiver by reference; every other person accepts it by entering a Facility. You agree that an electronic signature, a typed name, or a checked acceptance box in Birdie House's booking system constitutes your signature and is the legal equivalent of a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act as adopted in Texas and Oklahoma. Birdie House retains a record of each signed Membership Agreement, including the version signed and the date and time of signature.

14.4 Entire Agreement; Updates. This Waiver, together with the Membership Agreement, the Facility Rules, and the Privacy Policy, is the entire agreement regarding its subject matter. No oral statement or representation modifies it. Birdie House may update this Waiver by posting a new version and notifying Members as provided in the Membership Agreement. Your continued use of any Facility after notice constitutes acceptance of the updated version, without narrowing any earlier acceptance as to prior visits.

14.5 Interpretation. Headings are for convenience only. This Waiver shall not be construed against either party as its drafter. "Including" means "including without limitation."

15. Acknowledgment and Acceptance

BY SIGNING THE MEMBERSHIP AGREEMENT TO WHICH THIS WAIVER Incorporates this Waiver by reference, OR BY ENTERING A BIRDIE HOUSE FACILITY, YOU CONFIRM THAT:

• YOU HAVE READ THIS ENTIRE WAIVER AND UNDERSTAND IT;

• YOU ARE AT LEAST 18 YEARS OF AGE, OR YOU ARE THE PARENT OR LEGAL GUARDIAN OF ANY MINOR YOU BRING TO A FACILITY AND ARE ACCEPTING ON THAT MINOR'S BEHALF AS WELL AS YOUR OWN;

• YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR OWN NEGLIGENCE;

• YOU UNDERSTAND THAT BIRDIE HOUSE FACILITIES ARE UNSTAFFED;

• YOU ARE ACCEPTING THIS WAIVER VOLUNTARILY, WITHOUT ANY INDUCEMENT OR PROMISE NOT CONTAINED IN IT, AND YOU HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND TO CONSULT AN ATTORNEY.

Acceptance of this Waiver is required to enter or use any Birdie House Golf Club facility.