Topgolf Membership Agreement

Updated: September 25, 2026

This Topgolf Membership Agreement (this “Membership Agreement”) between you and Topgolf International, LLC and its subsidiaries (collectively, “Topgolf”) sets forth the terms and conditions of your Topgolf Practice Pass, Silver Membership, or Gold Membership (each, a “Topgolf Membership”) and is effective as of the date that you purchase a Topgolf Membership.

By purchasing a Topgolf Membership, you are deemed to have accepted the terms and conditions set forth in this Membership Agreement. Purchase and use of a Topgolf Membership is subject to this Membership Agreement, all Topgolf rules, regulations and policies that may be posted from time to time at the venue and/or online at topgolf.com/playsafely, as well as the terms and conditions governing the Topgolf mobile app (the “Topgolf App”) and websites, which are available at topgolf.com/terms-and-conditions, and Topgolf’s privacy notice, which is available at topgolf.com/privacy (collectively with this Membership Agreement, the “Agreement”).

Topgolf Memberships may only be used at participating U.S. Topgolf locations and cannot be used at Topgolf Lounge, Swing Suite or Toptracer Range locations.

PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW, WHICH CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.

1. MEMBERSHIP TERM AND AUTO-RENEWAL.

YOUR TOPGOLF MEMBERSHIP IS A MONTH-TO-MONTH SUBSCRIPTION THAT BEGINS ON THE DATE YOU PURCHASE YOUR TOPGOLF MEMBERSHIP AND AUTOMATICALLY RENEWS FOR SUCCESSIVE MONTHLY SUBSCRIPTION PERIODS (EACH, A “SUBSCRIPTION PERIOD”).

YOUR TOPGOLF MEMBERSHIP WILL CONTINUE UNTIL YOU CANCEL YOUR TOPGOLF MEMBERSHIP AS DESCRIBED IN THE “CANCELLATION” SECTION BELOW OR AS OTHERWISE SET FORTH IN THIS MEMBERSHIP AGREEMENT. BY PURCHASING A TOPGOLF MEMBERSHIP, YOU EXPRESSLY CONSENT TO THE AUTOMATIC RENEWAL SUBSCRIPTION PERIODS.

2. PAYMENT AND AUTHORIZATION TO BILL.

(a) PAYMENT METHODS.

To purchase a Topgolf Membership, you must designate an available payment method you will use to pay all amounts owed under this Membership Agreement. That payment method (or any other available payment method you may designate in the future) is referred to as your “Payment Card” in this Membership Agreement. Topgolf does not accept prepaid debit cards or prepaid credit cards for payment of Topgolf Membership fees. Topgolf also reserves the right to refuse payment cards issued by banks or financial institutions that offer lockable, selectively-blocked, or otherwise restricted payment features designed to block or restrict subscription transactions, at Topgolf’s sole discretion. If your designated Payment Card is found to be ineligible under these restrictions, you will be required to provide an alternative acceptable payment method to maintain your Topgolf Membership. Topgolf gift cards may only be used for your initial purchase of a Topgolf Membership (no more than five (5) gift cards may be used per transaction), but Topgolf gift cards cannot be used to pay ongoing monthly Topgolf Membership fees.

(b) AUTHORIZATION TO BILL.

Your Topgolf Membership requires enrollment into a recurring payment plan. You acknowledge and agree that, as a condition of your continued Topgolf Membership, you authorize Topgolf or its agent(s) to charge your Payment Card: (i) at the time of your initial purchase for the first monthly Topgolf Membership fee plus any applicable taxes, and (ii) each month thereafter for the monthly Topgolf Membership fee plus any applicable taxes.

You also authorize Topgolf to charge your Payment Card for any other fees or charges you may incur under this Membership Agreement, including, but not limited to, sales taxes and other government fees, and any other amounts you are required to pay under this Membership Agreement.

Topgolf will charge your Payment Card each month on or about the calendar day before you purchased your Topgolf Membership (“Payment Date”). For example, if you purchase your monthly Topgolf Membership on the 10th of the month, your Payment Card will be charged on or about the 9th of each month thereafter. You acknowledge that your Payment Date may vary, including (A) if you purchased your Topgolf Membership on a day not contained in a given month (for example, if you purchase your Topgolf Membership on October 1st), or (B) due to free trials and other promotional offers, credits applied, payment failures, or changes in your Topgolf Membership or Payment Card.

UNLESS YOU NOTIFY TOPGOLF AS DESCRIBED IN THE “CANCELLATION” SECTION BELOW BEFORE A CHARGE THAT YOU (I) WANT TO CANCEL, OR (II) DO NOT WANT TO AUTOMATICALLY RENEW YOUR TOPGOLF MEMBERSHIP, YOU UNDERSTAND YOUR TOPGOLF MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE TOPGOLF (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE TOPGOLF MEMBERSHIP FEE AND ANY APPLICABLE TAXES, USING ANY ELIGIBLE PAYMENT METHOD TOPGOLF HAS ON RECORD FOR YOU.

(c) PAYMENT OBLIGATIONS.

You are responsible for payment of your Topgolf Membership fees and all other amounts you owe under the Agreement. The amount you owe is due and payable on the date Topgolf or its agent(s) charges (or attempts to charge) your Payment Card. If Topgolf is unable to obtain payment the first time Topgolf attempts to charge your Payment Card, Topgolf may attempt to charge your Payment Card repeatedly until payment in full is received. It is your responsibility to ensure that the Payment Card you designate is valid at all times and has not expired. If funds available through your Payment Card are not sufficient to cover any payment when due, you are responsible for providing Topgolf access to another acceptable payment method to pay the full amount due.

YOU ACKNOWLEDGE THAT, IF ANY PAYMENT BY YOUR PAYMENT CARD IS NOT COMPLETED (OR IS REVERSED) AT ANY TIME DURING THE TERM OF THIS MEMBERSHIP AGREEMENT, YOUR TOPGOLF MEMBERSHIP MAY BE SUSPENDED OR TERMINATED IN ACCORDANCE WITH THIS MEMBERSHIP AGREEMENT.

You may change or update the payment method you designate as your Payment Card at any time via the Topgolf App. Failure to use your Topgolf Membership does not relieve you of responsibility for payment. In addition, regardless of the number of times your Topgolf Membership is used, there are no refunds on amounts paid for your Topgolf Membership.

(d) TOPGOLF MEMBERSHIP FEES.

Topgolf Membership fees may vary based on a member’s Home Venue. You acknowledge that your Topgolf Membership payment amounts may be different from others’ Topgolf Membership payment amounts because of discount(s) or promotion(s) offered to others for which you may not be eligible, or which were not available at the time you purchased your Topgolf Membership.

Your Topgolf Membership fee will not change during your then-current Subscription Period. However, sales taxes and other government-imposed fees are not part of the Topgolf Membership fee and may be added or adjusted at any time without notice as required by applicable law.

YOU ACKNOWLEDGE AND AGREE THAT TOPGOLF MAY CHANGE THE TOPGOLF MEMBERSHIP FEE AT ANY TIME AND FOR ANY REASON. TOPGOLF WILL PROVIDE YOU WITH PRIOR WRITTEN NOTICE OF ANY CHANGE IN THE TOPGOLF MEMBERSHIP FEE AMOUNT AT LEAST SEVEN (7) DAYS PRIOR TO THE CHANGE (EMAIL SUFFICING). THE NEW FEE AMOUNT WILL ONLY APPLY PROSPECTIVELY. IF YOU DO NOT WISH TO CONTINUE YOUR TOPGOLF MEMBERSHIP AT THE NEW FEE AMOUNT, YOU MUST CANCEL YOUR TOPGOLF MEMBERSHIP AS DESCRIBED IN THE “CANCELLATION” SECTION BELOW.

When the new Topgolf Membership fee amount goes into effect, Topgolf will charge your Payment Card the new Topgolf Membership fee plus any applicable taxes unless you cancel your Topgolf Membership as described in the “Cancellation” section below.

(e) FEES AND INFORMATION RELATING TO YOUR PAYMENT CARD.

You agree to pay all Topgolf Membership fees and all other amounts you owe under the Agreement in accordance with your Payment Card issuer agreement, as applicable. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution, including, but not limited to, membership, overdraft, insufficient funds and over-limit fees.

From time to time, Topgolf may avail itself of account updating services provided by the payment card industry, including, but not limited to, Visa’s Account Updater program or Mastercard’s Automatic Billing Updater program. By purchasing a Topgolf Membership, you hereby authorize Topgolf to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updater programs.

3. CANCELLATION AND REFUND POLICY.

(a) CANCELLATION.

YOU MAY CANCEL YOUR TOPGOLF MEMBERSHIP AT ANY TIME AND FOR ANY REASON. TO CANCEL, DO ONE OF THE FOLLOWING:

You must cancel your Topgolf Membership at least seventy-two (72) hours before the start of your next Subscription Period to avoid being charged for the next Subscription Period. Timely cancellations will take effect at the end of the then-current Subscription Period, such that your Topgolf Membership will remain active through the end of that Subscription Period. For example, if you purchase your Topgolf Membership on January 25th and cancel your Topgolf Membership on September 2nd, you can continue using your Topgolf Membership through September 24th.

(b) NO REFUNDS.

EXCEPT AS EXPRESSLY PROVIDED IN THIS MEMBERSHIP AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, ALL PAYMENTS ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND ABSOLUTE DISCRETION.

(c) SURVIVAL.

The provisions of Section 11 (Injury and Damages), Section 12 (Dispute Resolution by Binding Arbitration), Section 13 (Use of Topgolf's Logos, Images, and Marks), and Section 16 (Miscellaneous)will survive the cancellation or termination of your Topgolf Membership.

4. TOPGOLF MEMBERSHIP REQUIREMENTS.

(a) HOME VENUE.

You must select your Home Venue when you purchase your Topgolf Membership. Your “Home Venue” must be either: (i) the Topgolf venue closest to your primary residence; or (ii) the Topgolf venue where at least fifty-one percent (51%) of your Topgolf Membership usage occurs. If your Topgolf Membership usage does not comply with the Home Venue definition above, Topgolf may, in its sole discretion, transfer your Home Venue and collect any resulting difference in Topgolf Membership fees or terminate your Topgolf Membership.

(b) TOPGOLF MEMBERSHIP REGISTRATION.

You must be eighteen (18) years or older to purchase a Topgolf Membership.

You are responsible for registering your Topgolf Membership by providing your true and correct first name and last name, date of birth, residential address, a valid contact phone number and a contact email address. Topgolf employees are not eligible to register for a Topgolf Membership.

(c) TOPGOLF ACCOUNT REGISTRATION.

You must have a Topgolf account to purchase and use a Topgolf Membership. If you choose to purchase a Topgolf Membership from the Topgolf website, you will be required to register for a Topgolf account at the time of purchase. If you already have a Topgolf account, you can link your Topgolf Membership to it.

(d) TOPGOLF MOBILE APP.

You must download the Topgolf App to your mobile device from either the Apple App Store or Google Play Store to fully use your Topgolf Membership. To access your Topgolf Membership in the Topgolf App, you must use the same account information when logging into the Topgolf App that you used when purchasing your Topgolf Membership.

5. TOPGOLF MEMBERSHIP BENEFITS; RESTRICTIONS AND LIMITATIONS.

(a) BENEFITS.

YOU WILL RECEIVE THE TOPGOLF MEMBERSHIP BENEFITS LISTED ON TOPGOLF’S WEBSITE AT TOPGOLF.COM/MEMBERSHIPS CORRESPONDING WITH THE SPECIFIC MEMBERSHIP TIER YOU PURCHASED (THE “TOPGOLF MEMBERSHIP BENEFITS”).

THE TOPGOLF MEMBERSHIP BENEFITS ARE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, WHICH ARE LISTED ON TOPGOLF'S WEBSITE AT TOPGOLF.COM/MEMBERSHIPS. OTHER RESTRICTIONS, LIMITATIONS AND EXCLUSIONS MAY APPLY. TOPGOLF MEMBERSHIP BENEFITS MAY VARY BY VENUE.

TOPGOLF RESERVES THE RIGHT TO CHANGE THE TOPGOLF MEMBERSHIP BENEFITS AT ANY TIME. TOPGOLF WILL PROVIDE YOU WITH NOTICE OF ANY CHANGES TO THE TOPGOLF MEMBERSHIP BENEFITS (EMAIL SUFFICING). IF TOPGOLF MAKES ANY CHANGES TO THE TOPGOLF MEMBERSHIP BENEFITS, THE CHANGES WILL ONLY APPLY PROSPECTIVELY. IF YOU DO NOT AGREE WITH ANY CHANGES TO THE TOPGOLF MEMBERSHIP BENEFITS, YOUR SOLE REMEDY IS TO CANCEL YOUR TOPGOLF MEMBERSHIP AS DESCRIBED IN THE “CANCELLATION” SECTION ABOVE.

(b) RESTRICTIONS AND LIMITATIONS.

You may not stack, combine or use any Topgolf Membership Benefit with any other offer or any Topgolf Platinum Membership benefit. Topgolf Memberships are non-refundable, non-transferable, non-exchangeable and have no cash value. Topgolf Memberships may not be offered for resale, advertising or other promotion.

You may not share your email address or phone number with any other person in order to give them access to your Topgolf Membership Benefits. You are responsible for maintaining the security of your Topgolf Membership and any account credentials, and you are responsible for any activities on your Topgolf Membership. You must promptly notify Topgolf if you discover or suspect that someone has accessed your Topgolf Membership without your permission.

Topgolf may require that you or your guests present additional photo identification prior to admission to a Topgolf venue. You must be in good standing with Topgolf (for example, your account must be current) to be eligible for Topgolf Membership Benefits.

6. SUSPENSION/TERMINATION.

(a) SUSPENSION OF TOPGOLF MEMBERSHIP.

Topgolf may suspend your Topgolf Membership under the following circumstances:

(b) TERMINATION OF TOPGOLF MEMBERSHIP.

Topgolf may terminate your Topgolf Membership under the following circumstances:

If your Topgolf Membership is terminated, your Topgolf Membership Benefits will immediately terminate, and you will be billed for all amounts owed under the Agreement and any costs (including reasonable attorneys’ fees) incurred by Topgolf in attempting to collect amounts due or otherwise enforce the Agreement. If your Topgolf Membership is terminated by Topgolf, you will not receive a refund on any amounts paid for your Topgolf Membership except as required by applicable law.

7. SAFETY.

(a) SAFETY RULES.

You acknowledge and agree to fully comply with Topgolf’s Safety Rules at all times, which are available at topgolf.com/playsafely, and any other safety rules, regulations or policies posted, from time to time, in any Topgolf venue that you use.

(b) INJURIES.

You agree to immediately report any accident or injury suffered by you or your guests in a Topgolf venue to a Topgolf staff member.

8. TOPGOLF RULES, REGULATIONS AND POLICIES.

(a) RULES, REGULATIONS AND POLICIES.

You acknowledge and agree to fully comply with all Topgolf rules, regulations and policies that may be posted, from time to time, at a Topgolf venue and/or online, including all rules, regulations and policies that are included within the Agreement. Further, you acknowledge and agree to fully comply with all laws, rules, and regulations that are applicable to you including, without limitation, alcoholic beverage control laws, including those that prohibit consumption of alcoholic beverages by any person(s) who are underage and/or cannot produce proper identification.

(b) CODE OF CONDUCT.

You acknowledge and agree to fully comply with Topgolf’s Code of Conduct at all times, which is available at topgolf.com/playsafely.

(c) GOLF LESSONS.

Golf lessons may not be provided by any golf professional or other individual who is not a Topgolf instructor.

(d) DRESS CODE.

Appropriate clothing and footwear is required within Topgolf’s venues at all times. Bare feet are not acceptable anywhere at Topgolf. Inappropriate, foul and/or lewd clothing, language or behavior is not acceptable and may result in suspension of your Topgolf Membership.

9. CHANGES TO TOPGOLF POLICIES, FACILITIES AND PROGRAMS.

TOPGOLF RESERVES THE RIGHT TO AMEND OR ALTER ITS RULES, REGULATIONS AND POLICIES AT ANY TIME IN TOPGOLF’S SOLE DISCRETION WITHOUT NOTICE TO YOU, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. ALL AMENDMENTS TO TOPGOLF’S RULES, REGULATIONS AND POLICIES SHALL BE EFFECTIVE IMMEDIATELY AND APPLY PROSPECTIVELY TO YOUR TOPGOLF MEMBERSHIP, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.

Topgolf may introduce new venues or programs from time to time, which may be available to you through your Topgolf Membership and may require additional fees. From time to time, Topgolf may make changes to the days and hours that its venues are open for business.

Topgolf may be busier at certain times than others on different days of the week, and Topgolf reserves the right to sell out the entire venue for a day or evening for a private event. Venue availability is not guaranteed. Accordingly, you understand there may be times during normal business hours when a Topgolf venue is not available for you to use.

Further, Topgolf may temporarily close any Topgolf venue in its sole discretion for any reason, including, without limitation, in the case of inclement weather. You agree to immediately comply with announcements and staff instructions regarding any stoppages or closures, including, without limitation, weather-related stoppages or closures. Topgolf may permanently close or move venues or terminate the Topgolf Membership program at any time and without notice to you, unless required by applicable law. In the event of any of the foregoing, you will not receive a refund on any amounts paid for your Topgolf Membership, except that if Topgolf permanently closes your Home Venue or terminates the Topgolf Membership program, Topgolf will refund the pro-rata unused portion of your Topgolf Membership fee.

10. PRIVACY.

(a) USE OF TOPGOLF MEMBERSHIP INFORMATION.

Topgolf is entitled to use your Topgolf Membership registration and purchase details, including, but not limited to, first name and last name, address, phone number, email address and items purchased and cost of each item, to contact you in relation to service information, including, but not limited to, information about changes to the Agreement. Topgolf may also use your Topgolf Membership registration and purchase details to contact you with information and special offers from or about Topgolf. Topgolf’s privacy notice, which is available at topgolf.com/privacy, will be applicable to the information you provide to Topgolf in connection with your Topgolf Membership.

(b) COMMUNICATIONS.

You will be eligible to receive periodic mailers and newsletters and other communications about Topgolf, other Topgolf-affiliated products and services and select unaffiliated, third-party offers, including information about Topgolf events, products, opportunities, services and special offers and discounts. You may also be sent information about special events, products, services and offers based on your activities at Topgolf’s venues (for example, purchase transactions, game usage, etc.). These communications may be sent by postal mail or by email, based on the contact information provided to Topgolf.

You may choose not to receive these communications by unsubscribing via links in the emails or other communication that are sent. Please be aware that if you do not allow Topgolf to send you certain communications, Topgolf may not be able to deliver information to you about special events and opportunities, or about products and services that may take into account your interests and preferences.

11. INJURY AND DAMAGES.

(a) WAIVER AND RELEASE.

YOU UNDERSTAND THAT YOUR USE OF TOPGOLF’S VENUES WILL BE UNDERTAKEN AT YOUR SOLE RISK. YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN ACTIVITIES AND USING THE VENUES AND PREMISES (INCLUDING THE PARKING LOT) AND YOU ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS TO YOU OR YOUR PROPERTY THAT MIGHT RESULT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR THEFT OF ANY PERSONAL PROPERTY.

YOU AGREE THAT TOPGOLF, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE “TOPGOLF PARTIES”) WILL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS OR CAUSES OF ACTION WHATSOEVER IN RESPECT OF YOU OR YOUR PROPERTY (INCLUDING LOST OR DAMAGED PERSONAL POSSESSIONS) (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR CONNECTED WITH THE USE OF ANY OF TOPGOLF SERVICES AND/OR VENUES. YOU EXPRESSLY RELEASE AND DISCHARGE THE TOPGOLF PARTIES FROM ALL SUCH CLAIMS EXCEPT TO THE EXTENT ANY CLAIMS RESULT DIRECTLY FROM ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF ONE OR MORE OF THE TOPGOLF PARTIES. NOTHING IN THIS SECTION 11 LIMITS ANY RIGHT OR REMEDY THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

CALIFORNIA RESIDENTS: YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE FAMILIAR WITH AND DO HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

(b) DAMAGES TO PROPERTY.

You agree to pay for any damage to any Topgolf property or premises and any third-party property caused by your and/or your guests’ careless use of equipment or other intentional or negligent acts or omissions.

(c) LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOUR RECOVERY FOR ANY BREACH OF THE AGREEMENT BY TOPGOLF IS STRICTLY LIMITED TO THE AMOUNT YOU HAVE PAID TO TOPGOLF FOR YOUR TOPGOLF MEMBERSHIP, AND YOU AGREE THAT RECOVERY OF ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES IS NOT A REMEDY AVAILABLE TO YOU EVEN IF TOPGOLF HAS BEEN ADVISED OF SUCH DAMAGES.

(d) INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TOPGOLF PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), WHETHER BROUGHT BY A THIRD PARTY OR BY YOU OR YOUR GUESTS, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY: (I) YOUR OR YOUR GUESTS' USE OF, OR PRESENCE AT, ANY TOPGOLF VENUE OR ITS FACILITIES, EQUIPMENT, OR SERVICES; (II) ANY PERSONAL INJURY (INCLUDING ILLNESS OR DEATH) OR PROPERTY DAMAGE SUFFERED BY YOU OR YOUR GUESTS AT OR IN CONNECTION WITH ANY TOPGOLF VENUE; (III) YOUR OR YOUR GUESTS' VIOLATION OF ANY PROVISION OF THE AGREEMENT; OR (IV) YOUR OR YOUR GUESTS' INTENTIONAL, NEGLIGENT OR OTHER ACTS OR OMISSIONS. THIS INDEMNITY APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (INCLUDING SOLE, JOINT, COMPARATIVE, CONTRIBUTORY, CONCURRENT, OR GROSS NEGLIGENCE) OF THE TOPGOLF PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU BRING A MINOR AS YOUR GUEST, YOU REPRESENT AND WARRANT THAT YOU ARE THE MINOR'S PARENT OR LEGAL GUARDIAN, OR HAVE THE PARENT'S OR LEGAL GUARDIAN'S AUTHORITY, TO AGREE TO THIS MEMBERSHIP AGREEMENT — INCLUDING THIS INDEMNIFICATION PROVISION — ON THE MINOR'S BEHALF, AND YOU AGREE TO INDEMNIFY THE TOPGOLF PARTIES FOR ANY CLAIM ARISING FROM THE MINOR'S PRESENCE AT OR USE OF ANY TOPGOLF VENUE, INCLUDING ANY CLAIM BROUGHT BY OR ON BEHALF OF THE MINOR. YOU ARE RESPONSIBLE FOR THE MINOR’S COMPLIANCE WITH THIS MEMBERSHIP AGREEMENT.

(e) SCOPE OF RELEASE AND INDEMNITY.

THE WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNITY PROVIDED IN THIS SECTION 11 IS INTENDED TO RELEASE AND INDEMNIFY THE TOPGOLF PARTIES AGAINST, AMONG OTHER THINGS, THE CONSEQUENCES OF THE TOPGOLF PARTIES’ OWN NEGLIGENCE OR FAULT, EVEN WHEN THE TOPGOLF PARTIES ARE SOLELY, JOINTLY, COMPARATIVELY, CONTRIBUTIVELY, CONCURRENTLY OR GROSSLY NEGLIGENT, AND EVEN THOUGH ANY SUCH CLAIM IS BASED UPON OR ALLEGED TO BE BASED UPON THE STRICT LIABILITY OF THE TOPGOLF PARTIES.

12. DISPUTE RESOLUTION BY BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION.

EXCEPT AS EXPRESSLY NOTED BELOW, ANY DISPUTE BETWEEN YOU AND TOPGOLF ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION TO THE AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT. The dispute must be arbitrated in accordance with the then-current rules and procedures cited below and under the auspices of the American Arbitration Association (“AAA”), except to the extent the rules and procedures are modified by the Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Your Notice shall be sent by mail to the following address: Topgolf International, LLC, 8750 North Central Expressway, Suite 1200, Dallas, Texas, 75231, Attention: Legal Department; with a copy to: legal@topgolf.com. You must personally sign your Notice. Topgolf’s Notice to you shall be sent to the most recent contact information Topgolf has on file for you. If you and Topgolf do not reach an agreement to resolve the dispute within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Topgolf is entitled.

The arbitration will be governed by the AAA rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling 1-800-778-7879.

The parties agree the arbitrator is authorized to award injunctive relief if appropriate.

YOU AND TOPGOLF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties agree otherwise, the claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding.

The arbitration shall take place in Dallas County, Texas, unless otherwise agreed by the parties in writing.

Except as may be required by applicable law, neither you nor an arbitrator may disclose the existence, content, or results of any arbitration under this section without the prior written consent of all parties.

Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA Rules as set forth above or, if a different arbitration administrator is selected, its rules. If you are a consumer with a non-commercial dispute, Topgolf will pay any filing, administration, or arbitrator fees the arbitration administrator requires you to pay if, in a writing signed by you: (a) you claim to be unable to afford it; and (b) you demonstrate that you sought, but were unable to obtain, a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.

Except for the enforcement process described below, the decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator is bound by the terms of the Agreement. The arbitrator will have no authority or power to: (i) stay the effectiveness of any pending termination of the Agreement; or (ii) make any award that extends, modifies or suspends any lawful term of the Agreement or any reasonable standard of business performance set by Topgolf. The arbitrator must also follow the applicable law and may not disregard the law based on principles of justice or equity which are not a specific part of the applicable law.

A judgment may be entered upon the arbitration award and enforced in accordance with the Federal Arbitration Act and applicable rules of arbitration.

YOU AND TOPGOLF IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.

13. USE OF TOPGOLF’S LOGOS, IMAGES, AND MARKS.

You cannot use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party at any Topgolf venue without Topgolf’s prior written approval. You have no rights or interests in any intellectual property owned or licensed by Topgolf. You may not use trademarks, logos or other content that is confusingly similar to any intellectual property owned or licensed by Topgolf.

14. BLACKOUT DATES.

Your Topgolf Membership may be subject to admission “blackout dates” during which your Topgolf Membership Benefits may not be used. Topgolf will use reasonable efforts to provide you with prior written notice of these blackout dates (email sufficing).

15. ELECTRONIC PURCHASE CONSENT.

You consent to enter into this Membership Agreement electronically, and to receive copies of it and all confirmations, notices, and receipts provided to you under the Agreement (collectively, “Documents”) electronically. By providing your consent, you confirm that you agree to enter into the transaction electronically and to receive the Documents electronically. If you do not provide your consent, you will not be able to purchase a Topgolf Membership. Your consent applies to the Agreement, any authorization you give to Topgolf to charge a debit card, notices of varying debit card transaction amounts, and all other Documents, and not to any other transactions that are not related to your Topgolf Membership. You must provide Topgolf with an email address to use to send Documents to you, and you can change or update your email address via the Topgolf App. You can withdraw your consent by sending Topgolf a written statement that you no longer consent to electronic transactions, which must be sent by first-class mail or recognized commercial overnight courier to the following address: Topgolf International, LLC, 8750 N. Central Expy, Suite 1200, Dallas, TX, 75231, Attn: Legal Department; with a copy to: legal@topgolf.com. Your withdrawal will not affect the validity of the Agreement or your receipt of the Documents. You may ask Topgolf for a free paper copy of any Document by submitting a written request to the same address. To receive Documents electronically, you need a device with internet access, a current web browser or the Topgolf App, an active email account and software that can display and save PDF files.

16. MISCELLANEOUS.

You agree that: (a) this Membership Agreement is governed by the laws of the State of Texas; (b) by providing information Topgolf requests, (i) Topgolf may contact you via mail, phone, mobile app notification, SMS text message, or email to let you know about your account, and (ii) any debt collection agency or attorney hired by Topgolf may contact you by the same means in an effort to recover any unpaid portion of amounts owed under this Membership Agreement; (c) Topgolf may assign this Membership Agreement at any time, but you may not sell your Topgolf Membership or assign this Membership Agreement; (d) Topgolf may delay or waive enforcement of any of the provisions of this Membership Agreement, including your promise to make timely payments, without losing its right to enforce the same or any other provision later; (e) you waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor; (f) the Agreement contains all of the agreements between the parties with respect to the subject matter of this Membership Agreement; (g) if any provision of this Membership Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, this Membership Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Membership Agreement, and the remaining provisions of this Membership Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Membership Agreement; and (h) you will send any legal notice or other notice or information that you are required by law to provide or deliver to Topgolf by first-class mail or by commercial overnight courier to the following address: Topgolf International, LLC, 8750 N. Central Expy, Suite 1200, Dallas, TX, 75231, Attn: Legal Department; with a copy to: legal@topgolf.com. Nothing in this Section 16 limits any right or remedy that cannot be waived under applicable law.