Terms Of Service

BLOCK GOLF TERMS OF SERVICE

Welcome to Block Golf. Please read these Terms of Service.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Golf Pod LLC, doing business as Block Golf, and its affiliates and subsidiaries ("Block Golf," "we," "our," or "us").

You agree to comply with and be bound by these Terms by accessing or using any website, mobile application, software, or digital service made available by Block Golf (collectively, the "Block Golf Platform").

These Terms shall also govern your access to and use of the Block Golf Spaces (as defined below), the Block Golf Coaches (as defined below), and any Events that you may host or attend within the Block Golf Spaces. The Block Golf Platform, the Block Golf Spaces, and the Block Golf Coaches shall be referred to herein as the "Services."

Block Golf reserves the right to change or modify these Terms at any time and without prior notice to you. Any changes or modifications to these Terms will be effective upon posting to the Block Golf Platform. Your continued use of the Services following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. You are responsible for regularly reviewing the most current Terms.

Our Privacy Policy applicable to your use of the Block Golf Platform is incorporated by reference into these Terms.

1. Eligibility and Use of the Services

Your use of the Services is for your sole, personal use and not for commercial purposes and you agree to comply with all applicable laws of the country, state, and city in which you are present while accessing or using any of the Services. You represent that you are at least eighteen (18) years of age and suffer from no legal incapacity to enter into contracts.

"Guests" shall mean any persons who you invite or allow to use Block Golf Spaces or interact with Block Golf Coaches, whether or not those persons have registered for an account with Block Golf.

"Block Golf Space(s)" shall mean any physical location, simulator bay, area, or venue to which Block Golf gives you access for the purpose of engaging in the activities of playing, practicing, learning, or participating in golf and golf-related activities. In addition to these Terms, you agree to be bound by and comply with any additional terms, conditions, and policies that may be provided or posted by the owner, tenant, and/or property manager of the Block Golf Spaces relating to the use of a specific Block Golf Space(s), including compliance with building security procedures, IT access, and use procedures provided by any property managers.

"Block Golf Coach(es)" shall mean the persons who offer golf coaching services to you or your Guests through the Block Golf Platform. Block Golf does not represent that Block Golf Coaches will meet your needs and makes no representations as to results from coaching.

2. Account Registration; Access

To access or use any of the Services, you must first create an account with Block Golf (an "Account"). You are responsible for ensuring that Guests who you have invited to access any of the Services also register for an Account.

You agree not to allow entry to a Block Golf Space or use of the Services to any person who has not registered for an Account with us.

You may not authorize others to use your Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs on or through your Account.

You agree to maintain complete, accurate, and up-to-date information in your Account. Failure to do so may result in your inability to access or use the Services. Block Golf reserves the right to suspend or terminate your Account and/or refuse any current or future use of the Services for any lawful reason.

3. House Rules

By accessing or using any Block Golf Space, you agree that:

• Guests must be registered and remain under your supervision while using the Services.

• You are responsible for the conduct of your Guests.

• Groups exceeding the limits established by Block Golf may be required to book a private Event and agree to additional terms.

• You and your Guests shall not engage in illegal, dangerous, threatening, or inappropriate conduct.

• You and your Guests shall not use the Services for any purpose unrelated to golf and golf-related activities.

• You and your Guests shall not smoke, vape, or permit open flames within Block Golf Spaces.

• You and your Guests shall not damage, alter, install, remove, or modify any fixtures, equipment, simulator technology, launch monitors, projectors, impact screens, golf clubs, or other property.

• You and your Guests shall not permit minors to use the Services except in accordance with Block Golf's policies

• You and your Guests shall not charge fees to third parties in connection with the use of a Block Golf Space without Block Golf's prior written consent.

• You and your Guests shall not engage in reckless or unsafe swinging.

• You and your Guests shall not enter a hitting area while another individual is preparing to swing or actively swinging.

• You and your Guests shall not throw golf clubs, golf balls, or other equipment.

• You and your Guests shall not use equipment prohibited by Block Golf.

• You and your Guests shall not engage in conduct that may reasonably endanger others or damage simulator equipment.

You and your Guests shall:

• Treat all users, Guests, coaches, employees, and occupants of any building containing a Block Golf Space in a courteous and respectful manner.

• Wear appropriate attire.

• Follow all additional rules, regulations, policies, and posted signage.

• Leave the Block Golf Spaces undamaged and in a clean and orderly condition.

• Provide proof of identity upon request.

Block Golf is not responsible for personal property left behind in a Block Golf Space.

4. Consent to and Acknowledgement of Video Surveillance and Video Recordings

For the safety and security of our customers, employees, and property, Block Golf Spaces may utilize video surveillance systems monitored by Block Golf or third-party service providers.

By using the Services, you consent to being recorded by such systems.

Block Golf may also utilize replay technology, swing recordings, simulator technology, and video analysis features. By using the Services, you acknowledge and agree that you, your Guests, and others may be recorded and that Block Golf may use such recordings for any lawful purpose, including research, development, analysis, marketing, social media, and improving the Services.

5. Limited License to Use Block Golf Spaces

Your use of the Block Golf Spaces does not constitute a lease, but rather a limited, revocable, non-exclusive, non-transferable contractual license to use the Services subject to these Terms.

Block Golf may restrict, suspend, or terminate your access to the Services at any time and for any lawful reason.

6. Damages, Repair or Cleaning Fees; Infractions

You are responsible for leaving Block Golf Spaces and all associated property in the condition in which you found them.

You are responsible for the acts and omissions of your Guests and any person to whom you provide access.

You may be charged for damages to golf clubs, golf balls, launch monitors, impact screens, projectors, cameras, replay technology, simulator equipment, furniture, fixtures, or other property beyond normal wear and tear.

Block Golf reserves the right to charge the payment method associated with your Account for reasonable repair, replacement, cleaning, and administrative costs arising from violations of these Terms or misuse of the Services.

7. Payment Terms; Authorization Hold

Fees for the Services will be displayed through the Block Golf Platform at the time of purchase and are non-refundable except as otherwise expressly provided.

Block Golf reserves the right to modify fees, pricing, memberships, reservations, promotions, and other offerings at any time.

Certain Services may be subject to authorization holds, overage charges, cancellation policies, and additional terms made available through the Block Golf Platform.

8. License, Restrictions, and Copyright Policy

Subject to your compliance with these Terms, Block Golf grants you a limited, non-exclusive, non-transferable, and revocable license to use the Block Golf Platform.

All content, software, trademarks, logos, and intellectual property remain the property of Block Golf or its licensors.

9. User Content

By posting, uploading, publishing, submitting, or transmitting any User Content through the Services, you grant Block Golf a worldwide, irrevocable, perpetual, royalty-free, transferable license to use, reproduce, modify, distribute, publicly display, and otherwise exploit such User Content in connection with the Services and Block Golf's business.

10. Intellectual Property

All intellectual property associated with the Services is owned by or licensed to Block Golf. No rights are granted except as expressly provided in these Terms.

11. Additional Restrictions on Use

You agree not to use the Services in any manner that violates applicable law or infringes upon the rights of Block Golf or any third party.

12. SMS Messaging

By providing your mobile telephone number, you consent to receive transactional and promotional communications from Block Golf subject to applicable law.

13. Third-Party Services

The Services may include integrations with third-party providers. Block Golf is not responsible for the acts, omissions, products, services, or policies of any third party.

14. Golf Simulator and Launch Monitor Technology

Block Golf may utilize golf simulators, launch monitors, cameras, replay technology, and other systems provided by Block Golf or third parties, including TrackMan and other third-party technology providers.

Simulator measurements, performance data, and related information are estimates only and may differ from outdoor golf conditions. Block Golf does not guarantee the accuracy, reliability, or completeness of simulator data and shall not be responsible for decisions made based upon simulator or launch monitor data, including decisions related to instruction, club fitting, competitions, handicapping, equipment purchases, or wagering.

15. Competitions and Third-Party Experiences

Block Golf may facilitate competitions, contests, promotions, and third-party experiences, which may be subject to additional terms and policies.

16. Locker Use

Block Golf may make lockers available for use or rental subject to additional terms, conditions, fees, and policies made available through the Block Golf Platform. Block Golf is not responsible for lost, stolen, or damaged property stored in lockers except as required by applicable law.

17. Indemnity

You agree to indemnify and hold harmless Block Golf and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, liabilities, costs, and expenses arising out of your use of the Services or your violation of these Terms.

18. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOCK GOLF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

20. Notices

Any notices to Block Golf shall be delivered in accordance with the contact information made available through the Block Golf Platform.

21. Applicable Law; Jurisdiction and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of law principles.

22. Termination

Block Golf may suspend or terminate your access to the Services at any time for any lawful reason.

23. General

These Terms, together with the Privacy Policy and any additional policies incorporated herein, constitute the entire agreement between you and Block Golf.

24. Assumption of Risk

You acknowledge that participation in golf and golf-related activities involves inherent risks, whether known or unknown, including:

• Being struck by a golf club or golf ball.

• Slips, trips, and falls.

• Equipment malfunction.

• Physical exertion and related injuries.

• Actions or omissions of other users, Guests, Block Golf Coaches, or third parties.

• Risks associated with autonomous or remotely monitored facilities.

• Damage to personal property.

You voluntarily assume all risks associated with your and your Guests' participation in the Services to the fullest extent permitted by applicable law.

To the fullest extent permitted by law, you hereby release, waive, and discharge Golf Pod LLC, doing business as Block Golf, and its officers, directors, managers, members, employees, agents, affiliates, licensors, landlords, tenants, and service providers from any and all liabilities arising out of or relating to your participation in the Services, except to the extent caused by gross negligence or willful misconduct.