FACILITY USE AGREEMENT

AD Golf Center
825 S Cooper Rd., Suite B2
Gilbert, Arizona 85233
Phone: (480) 676-0399
Email: advanceddefren@gmail.com
Website: advanceddynamicgolfcenter.com

1. AGREEMENT AND ACCEPTANCE

This Facility Use Agreement (“Agreement”) is entered into between AD Golf Center, LLC (“Company”) and any individual accessing or using the facility (“Customer” or “Member”).

By entering the premises, using any simulator or equipment, purchasing services, or accessing the Company’s website, you agree to be legally bound by this Agreement.

This Agreement governs use of the Gilbert, Arizona location only and is separate from, but incorporates by reference, the Company’s Terms and Conditions and Membership Agreement.

2. DEFINITIONS

• Customer: Any person who enters or uses the facility, including members, guests, or visitors

• Member: A Customer with an active membership

• Facility: AD Golf Center premises, including simulator bays, common areas, and parking areas

3. MEMBERSHIPS AND ELIGIBILITY

• Must be 18 years or older to purchase memberships

• Membership types include monthly, annual, multi-month, corporate, and session-based options

• Memberships are subject to availability and may be modified at the Company’s discretion

All memberships are non-transferable and intended for individual use unless expressly stated otherwise.

4. BILLING AND PAYMENT

4.1 Authorization

You authorize AD Golf Center to charge your designated payment method for all applicable fees.

4.2 Recurring Billing

Memberships automatically renew unless canceled in accordance with this Agreement.

4.3 Failed Payments

• Membership may be suspended immediately upon failed payment

• The Company may retry billing periodically

• Continued failure may result in termination and collection of outstanding balances

4.4 Fees and Charges

• $20 fee for returned or rejected payments

• Interest on unpaid balances up to 18% annually (subject to Arizona law)

4.5 No Refunds

All payments are non-refundable, including prepaid memberships and unused sessions.

5. MEMBERSHIP USAGE RULES

• Members may only hold one active reservation at a time unless otherwise approved

• Members must be present when guests are using the facility

• Sharing access codes or credentials is strictly prohibited

• Violation may result in fees and termination

6. GUEST POLICY

• Guests must be accompanied by the Member at all times

• Members are fully responsible for their guests’ conduct and safety

• Guests must comply with all rules and sign applicable waivers

Indemnification:
You agree to indemnify and hold harmless AD Golf Center from any claims arising from your guests’ actions or injuries to the fullest extent permitted by Arizona law.

7. FACILITY RULES AND SAFETY

All Customers agree to:

• Follow all posted rules and staff instructions

• Maintain safe distances when swinging clubs

• Only hit from designated hitting areas

• Ensure minors are supervised at all times

Strict Prohibitions:

• No alcohol

• No smoking or vaping

• No drugs (including impairment from legal substances)

Violations may result in immediate removal without refund.

8. ASSUMPTION OF RISK AND LIABILITY WAIVER

You acknowledge that use of golf simulators and related equipment involves inherent risks, including:

• Being struck by golf balls or clubs

• Slips, falls, or collisions

• Equipment malfunction

• Injuries caused by other users

You voluntarily assume all risks associated with participation.

To the fullest extent permitted by Arizona law, you:

• Release AD Golf Center from all liability for injury, death, or property damage

• Waive any claims arising from use of the facility, including claims of negligence

9. ACCESS SYSTEM AND SECURITY

You acknowledge that:

• The facility may operate with controlled or automated entry systems

• Entry may require codes, links, or credentials

• Exit systems may require manual activation

You assume all risks associated with facility access and agree to follow all safety instructions.

The Company utilizes video surveillance, and you consent to recording for security and operational purposes.

10. DAMAGE TO PROPERTY

You are financially responsible for:

• Damage to simulators, equipment, furniture, or facility property

• Damage caused by your guests

The Company may charge your payment method for repairs or replacement.

11. HOURS AND AVAILABILITY

The Company may:

• Modify hours of operation

• Restrict access due to demand, maintenance, or safety concerns

• Temporarily close the facility at its discretion

12. RESERVATIONS, CANCELLATIONS, AND NO-SHOWS

12.1 Non-Member Bookings

• 24+ hours notice: Full refund or credit

• 12–24 hours: 50% refund or credit

• Less than 12 hours or no-show: No refund

12.2 Member No-Show Policy

• Up to $25 per hour no-show fee

• Repeated violations may result in booking restrictions

12.3 Facility Issues

If the Company cancels due to equipment failure or closure, refunds or credits will be issued.

13. MINORS

• Minors must be under continuous adult supervision

• The supervising adult assumes all responsibility and liability

• Unsafe behavior by minors may result in removal

You agree to indemnify the Company for any claims involving minors under your supervision.

14. MEMBER CONDUCT

Customers must:

• Act respectfully toward staff and others

• Avoid disruptive, unsafe, or inappropriate behavior

• Follow dress code (athletic shoes required; no spikes or bare feet)

Violations may result in immediate removal or membership termination.

15. SUSPENSION AND TERMINATION

The Company may suspend or terminate access for:

• Non-payment

• Rule violations

• Unsafe conduct

Termination may occur without refund.

Members may cancel with required notice per their Membership Agreement.

16. CHANGES TO SERVICES AND FEES

The Company reserves the right to:

• Modify pricing, benefits, and policies

• Introduce new services or fees

• Change membership structures

Notice will be provided where required.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by Arizona law:

• Liability is limited to the amount paid by you to the Company

• No liability for indirect, incidental, or consequential damages

18. INTELLECTUAL PROPERTY

All branding, logos, and content belong to AD Golf Center. Unauthorized use is prohibited.

19. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Arizona.

All disputes shall be resolved in the courts of Maricopa County, Arizona.

20. GENERAL PROVISIONS

• Severability: Invalid provisions do not affect the remainder

• No Waiver: Failure to enforce does not waive rights

• Entire Agreement: This document governs all facility use

21. ACKNOWLEDGMENT

By entering the facility or using any services, you acknowledge that you:

• Have read and understood this Agreement

• Accept all risks associated with participation

• Agree to be legally bound by these terms