FAIRWAY365 FACILITY USE, MEMBERSHIP & CUSTOMER AGREEMENT

Effective Date: August 12, 2026 Last Updated: August 12, 2026

This Facility Use, Membership & Customer Agreement ("Agreement") governs access to and use of the Fairway365 facility, indoor golf simulators, equipment, memberships, reservations, and related services.

Fairway365 is a trade name/DBA of Kushi Arav 24 LLC, a Georgia limited liability company ("Fairway365," "we," "us," "our," or the "Company").

By purchasing a membership, making a reservation, purchasing services, creating an account, entering the Fairway365 facility, accessing a simulator, using Fairway365 equipment, or otherwise participating in activities at the facility, you ("Customer," "you," or "your") agree to this Agreement.

This Agreement applies to all Customers, including Members, non-member customers, guests, minors, participants, event attendees, promotional users, and other persons entering or using the facility.

This Agreement should be read together with Fairway365's Terms of Service, Privacy Policy, Refund & Cancellation Policy, Cookie Policy, posted facility rules, and any separate liability waiver or release presented to you.

1. DEFINITIONS

"Customer"

"Customer" means any person who:

Purchases or uses a Fairway365 membership;
Makes or participates in a reservation;
Uses a golf simulator;
Uses Fairway365 equipment;
Participates in a promotional or demo session;
Attends an event;
Enters the Fairway365 facility; or
Otherwise uses or accesses Fairway365's premises or services.

"Member"

"Member" means a Customer who has purchased an active Fairway365 membership.

"Guest"

"Guest" means an individual who enters or uses the facility under a Member's reservation or in connection with a Member's visit.

"Facility"

"Facility" means the Fairway365 indoor golf facility, including simulator bays, common areas, entrance areas, parking areas, restrooms, lounge areas, equipment areas, and other areas owned, leased, or operated by Fairway365.

"Reservation"

"Reservation" means a scheduled booking for use of a simulator bay or other Fairway365 service.

2. ACCEPTANCE OF THIS AGREEMENT

By using Fairway365, you acknowledge that:

You have read this Agreement;
You understand this Agreement;
You agree to comply with this Agreement;
You agree to comply with all posted Fairway365 rules;
You agree to follow reasonable instructions from Fairway365 personnel;
You understand that golf and recreational activities involve inherent risks; and
You accept responsibility for your own conduct and the conduct of your guests.

If you do not agree to this Agreement, you may not use the Fairway365 facility or services.

3. FACILITY ACCESS

Fairway365 may provide customers with access to the facility through reservations, memberships, access codes, electronic locks, mobile applications, keypads, fobs, or other access-control systems.

Access is personal to the authorized Customer.

You may not:

Share your personal access code;
Share your account credentials;
Give another person access to the facility using your account;
Allow unauthorized individuals to enter using your access credentials;
Prop open secured doors;
Circumvent access-control systems; or
Permit unauthorized individuals to use your membership.

Fairway365 may deactivate or change access credentials at any time for security, operational, membership, or other legitimate business reasons.

4. 24/7 FACILITY ACCESS

Fairway365 may provide 24/7 access to eligible Members or Customers.

24/7 access does not guarantee that every simulator, bay, amenity, piece of equipment, or portion of the facility will always be available.

Fairway365 may temporarily restrict or suspend access because of:

Maintenance;
Repairs;
Cleaning;
Equipment failures;
Technical problems;
Safety concerns;
Severe weather;
Emergencies;
Facility improvements;
Private events;
Government requirements; or
Other operational reasons.

Customers must immediately comply with instructions requiring them to leave or temporarily stop using equipment.

5. RESERVATIONS

Reservations are subject to availability.

Customers are responsible for confirming that they have selected the correct:

Date;
Time;
Reservation duration;
Number of players;
Bay; and
Other reservation information.

A reservation is not considered confirmed until the booking system or Fairway365 confirms the reservation.

The Customer who makes the reservation is responsible for the reservation and the conduct of individuals using the reservation.

6. RESERVATION TIME

Customers must begin and end their use of the simulator at the scheduled times.

If a Customer arrives late, the reservation does not automatically extend.

For example, a reservation from 6:00 PM to 7:00 PM ends at 7:00 PM even if the Customer arrives at 6:20 PM.

Customers who remain in a bay after their scheduled time may be charged for additional usage at the then-current applicable rate.

7. CANCELLATIONS AND NO-SHOWS

Unless a different policy is displayed at checkout, the following cancellation policy applies:

24 Hours or More Before Reservation

Reservations cancelled at least 24 hours before the scheduled start time are eligible for a full refund or account credit, subject to the applicable booking terms.

12–24 Hours Before Reservation

Reservations cancelled between 12 and 24 hours before the scheduled start time may receive a 50% refund or account credit.

Less Than 12 Hours Before Reservation

Reservations cancelled less than 12 hours before the scheduled start time are non-refundable and may be charged in full.

No-Shows

A Customer who does not attend a reservation and does not properly cancel the reservation will be considered a no-show.

No-show reservations are non-refundable and may be charged in full.

8. MEMBER NO-SHOW FEE

Members who reserve simulator time and fail to cancel or attend may be charged a no-show fee of up to $25 per reserved hour.

Fairway365 may charge the applicable fee to the payment method associated with the Member's account.

Repeated no-shows may result in:

Booking restrictions;
Temporary suspension of booking privileges;
Reduced reservation privileges;
Membership suspension; or
Membership termination.

Fairway365 may waive a no-show fee in its discretion when circumstances reasonably justify an exception.

9. FACILITY CLOSURES AND SERVICE INTERRUPTIONS

If Fairway365 cannot provide a confirmed reservation because of circumstances within Fairway365's control, Fairway365 may provide:

A replacement reservation;
A full or partial refund;
Account credit;
Extended usage time; or
Another reasonable remedy.

Fairway365 is not responsible for circumstances caused by the Customer, including scheduling conflicts, transportation issues, personal emergencies, failure to arrive, or failure to properly cancel a reservation.

Fairway365 may make reasonable exceptions on a case-by-case basis.

10. MEMBERSHIPS

Memberships are subject to the specific membership terms presented to the Customer at the time of purchase.

Membership benefits, pricing, reservation privileges, guest privileges, usage limits, and billing arrangements may vary by membership level.

Memberships are personal unless expressly designated as transferable or corporate.

A Member may not sell, transfer, loan, rent, or otherwise provide their membership to another person without written authorization from Fairway365.

11. MEMBERSHIP BILLING

For recurring memberships, the Member authorizes Fairway365 and its authorized payment processor to charge the payment method provided by the Member for the applicable recurring membership fee, plus applicable taxes and authorized charges.

The recurring price, billing frequency, renewal terms, and cancellation procedure will be disclosed during the membership purchase process.

Memberships will continue to renew according to the applicable membership terms until properly cancelled.

If a payment fails, Fairway365 may suspend membership benefits and facility access until the outstanding balance is resolved.

12. MEMBERSHIP CANCELLATION

Members may cancel recurring memberships through the cancellation method provided by Fairway365.

Cancellation generally prevents future renewals but does not automatically entitle the Member to a refund for previously paid membership periods or unused membership time.

Any applicable minimum commitment, early termination fee, or other membership-specific requirement will be disclosed in the applicable membership terms.

13. MEMBERSHIP BENEFITS

Fairway365 reserves the right to establish reasonable rules concerning:

Booking windows;
Reservation duration;
Number of reservations;
Guest privileges;
Peak and off-peak usage;
Simulator access;
Member discounts;
Promotional benefits;
Membership credits; and
Other membership benefits.

Fairway365 may modify membership benefits prospectively when reasonably necessary, subject to applicable law and any contractual commitment made to the Member.

14. GUESTS

Members may bring guests in accordance with the Member's specific membership terms.

The Member is responsible for their guests while the guests are at the Facility.

Members must:

Remain present when required by their membership;
Ensure guests comply with Facility rules;
Ensure guests use equipment properly;
Ensure guests comply with safety requirements; and
Ensure required waivers are completed.

Fairway365 may limit or prohibit guest access when necessary for safety, capacity, operations, or other legitimate business reasons.

15. GUEST LIABILITY

The Member who brings a guest to the Facility is responsible for the guest's conduct to the extent permitted by applicable law.

If a guest damages Fairway365 property, violates Facility rules, or causes a loss, Fairway365 may seek recovery from the responsible individuals and, where legally permitted, the Member responsible for bringing the guest.

16. MINORS

Fairway365 is not a childcare facility.

Minors may use or enter the Facility only in accordance with Fairway365's applicable age and supervision rules.

Unless Fairway365 expressly permits otherwise, a minor must remain under the continuous supervision of a responsible adult who is at least 18 years old.

The supervising adult is responsible for:

The minor's conduct;
The minor's safety;
Compliance with Facility rules;
Preventing unsafe behavior;
Preventing access to restricted areas; and
Ensuring the minor does not misuse equipment.

Minors may not enter staff-only areas, equipment rooms, restricted areas, or areas behind simulator screens unless expressly authorized.

Fairway365 may require a parent or legal guardian to execute a separate waiver or authorization before a minor participates.

17. ASSUMPTION OF RISK

Golf and indoor recreational activities involve inherent risks.

These risks may include, without limitation:

Being struck by a golf club;
Being struck by a golf ball;
Trips and falls;
Slips;
Contact with equipment;
Improper use of equipment;
Injuries caused by another participant;
Property damage;
Physical exertion;
Facility hazards;
Risks associated with automated access systems; and
Other risks inherent in recreational activities.

By entering or using the Facility, you acknowledge these risks and voluntarily choose to participate.

To the maximum extent permitted by applicable law, you assume the inherent risks associated with your participation.

18. SEPARATE LIABILITY WAIVER

Fairway365 may require Customers to execute a separate Liability Waiver and Release before participating in golf or recreational activities.

If a separate waiver is presented, the Customer must review and accept that waiver before participating.

The separate waiver is intended to supplement this Agreement and may contain additional terms concerning assumption of risk, release, indemnification, minors, and liability.

If there is a conflict between this Agreement and a separate signed waiver regarding liability or release, the more specific agreement will control to the extent permitted by law.

19. SAFETY RULES

All Customers must follow reasonable safety practices.

Customers must:

Follow posted safety rules;
Follow staff instructions;
Check their surroundings before swinging;
Remain on the designated hitting area while swinging;
Keep other people at a safe distance while swinging;
Never swing a club when another person is in an unsafe position;
Use equipment only for its intended purpose;
Immediately report unsafe conditions; and
Stop using equipment if they believe it is unsafe.

Running, horseplay, throwing objects, climbing on equipment, or other unsafe behavior is prohibited.

20. EQUIPMENT USE

Fairway365 equipment must be used only for its intended purpose.

Customers may not:

Strike the simulator screen;
Intentionally damage equipment;
Strike unauthorized objects;
Modify simulator settings without authorization;
Disconnect equipment;
Move equipment;
Tamper with sensors;
Tamper with computers or software;
Attempt to repair equipment; or
Interfere with another Customer's equipment.

Only approved golf balls and equipment may be used where required by Fairway365.

21. DAMAGE TO PROPERTY

Customers are responsible for damage caused by their intentional, reckless, negligent, or improper conduct, to the extent permitted by law.

This includes damage to:

Simulator screens;
Projectors;
Launch monitors;
Sensors;
Computers;
TVs;
Golf clubs;
Hitting mats;
Flooring;
Walls;
Furniture;
Fixtures;
Doors;
Locks;
Electronic equipment; and
Other Fairway365 property.

Customers may also be responsible for damage caused by their guests when permitted by applicable law.

Fairway365 may seek reimbursement for reasonable repair or replacement costs.

22. SECURITY CAMERAS AND MONITORING

Fairway365 may use security cameras and other monitoring systems throughout portions of the Facility for legitimate purposes including:

Safety;
Security;
Theft prevention;
Property protection;
Rule enforcement;
Incident investigation;
Dispute resolution; and
Facility management.

Cameras will not intentionally be placed in areas where individuals have a reasonable expectation of privacy, such as restrooms.

Security footage may be accessed by authorized Fairway365 personnel and may be disclosed to law enforcement, insurance companies, attorneys, or other parties when legally permitted or reasonably necessary.

23. CUSTOMER PHOTOGRAPHS AND VIDEO

Fairway365 may photograph or record events, activities, or promotional content at the Facility.

Where appropriate, Fairway365 may request separate consent before using an identifiable Customer's image for marketing or promotional purposes.

Nothing in this section overrides applicable privacy laws or a separate written agreement.

24. ACCESS CONTROL AND AUTOMATED ENTRY

Fairway365 may use electronic locks, keypads, mobile access links, access codes, cameras, and other automated systems.

Customers acknowledge that automated systems may occasionally experience technical failures.

Customers must never force, disable, bypass, tamper with, or otherwise interfere with an access-control system except where necessary to respond to a genuine emergency.

Customers must immediately report access-control problems to Fairway365.

25. EMERGENCIES

Customers must follow emergency instructions provided by Fairway365.

In an emergency, Customers should immediately prioritize their own safety and the safety of others and contact emergency services when appropriate.

Fairway365 may temporarily suspend facility access or evacuate the Facility whenever it reasonably determines that doing so is necessary for safety.

26. PROHIBITED CONDUCT

The following conduct is prohibited:

Violence or threats;
Harassment;
Fighting;
Theft;
Vandalism;
Property damage;
Illegal activity;
Unauthorized access;
Sharing access credentials;
Tampering with equipment;
Unsafe behavior;
Disruptive behavior;
Intentionally interfering with another Customer's experience;
Smoking or vaping where prohibited;
Use or possession of illegal drugs;
Bringing weapons onto the premises where prohibited by applicable law;
Intoxicated or impaired use of equipment; and
Any other conduct Fairway365 reasonably determines creates an unsafe or disruptive environment.

27. ALCOHOL, DRUGS, SMOKING AND VAPING

Unless Fairway365 expressly authorizes otherwise and applicable law permits it:

No smoking, vaping, illegal drugs, or unauthorized alcohol consumption is permitted inside the Facility.

Customers may not use Fairway365 equipment while impaired.

Fairway365 may immediately remove a Customer who is visibly impaired or engaging in unsafe conduct.

Violation may result in:

Immediate removal;
Membership suspension;
Membership termination;
Loss of access privileges; and
No refund for the affected reservation or membership, to the extent permitted by law.

28. DRESS CODE

Customers must wear appropriate clothing and footwear.

Customers must wear appropriate footwear while using the hitting areas.

Bare feet are not permitted.

Footwear that may damage Fairway365's hitting surfaces or create an unreasonable safety risk may be prohibited.

29. CUSTOMER CONDUCT

Customers must behave respectfully toward:

Other Customers;
Guests;
Employees;
Contractors;
Management; and
Other individuals at the Facility.

Threatening, abusive, discriminatory, harassing, or excessively disruptive conduct is prohibited.

Fairway365 may require any person engaging in prohibited conduct to leave the Facility immediately.

30. PERSONAL PROPERTY

Customers are solely responsible for their personal belongings.

Fairway365 is not responsible for lost, stolen, or damaged personal property except to the extent liability cannot legally be excluded.

Customers should not leave valuables unattended.

31. TECHNOLOGY AND SIMULATOR DATA

Simulator systems may calculate or estimate:

Club speed;
Ball speed;
Spin;
Carry distance;
Total distance;
Launch angle;
Direction;
Shot trajectory; and
Other performance data.

Simulator data is provided for recreational and informational purposes.

Fairway365 does not guarantee that simulator data will always be accurate or identical to real-world results.

32. FACILITY HOURS AND AVAILABILITY

Fairway365 may modify operating hours, access hours, bay availability, or facility availability.

Membership does not guarantee uninterrupted access to a specific simulator or bay.

Maintenance, private events, repairs, cleaning, technical issues, or other operational needs may temporarily reduce availability.

33. RULE VIOLATIONS

If a Customer violates this Agreement or Facility rules, Fairway365 may take one or more of the following actions:

Issue a warning;
Remove the Customer from the Facility;
Cancel a reservation;
Suspend booking privileges;
Suspend membership;
Terminate membership;
Disable access credentials;
Restrict future access;
Charge applicable fees;
Seek reimbursement for property damage; or
Take other lawful action.

Fairway365 may determine the appropriate response based on the circumstances.

34. SUSPENSION OR TERMINATION BY FAIRWAY365

Fairway365 may suspend or terminate a Customer's membership or facility access for:

Nonpayment;
Property damage;
Fraud;
Abuse of membership benefits;
Sharing access credentials;
Repeated no-shows;
Unsafe behavior;
Violation of Facility rules;
Violation of this Agreement;
Illegal activity;
Threatening or abusive conduct; or
Other legitimate reasons permitted by law.

Termination does not eliminate amounts already owed by the Customer.

Any refund resulting from termination will be handled according to the applicable membership terms, Refund & Cancellation Policy, and applicable law.

35. TERMINATION BY CUSTOMER

Customers may cancel their memberships according to the applicable membership terms and Fairway365's Refund & Cancellation Policy.

Cancellation of a membership does not automatically cancel previously scheduled reservations unless the applicable reservation is separately cancelled.

Amounts already paid are generally non-refundable unless otherwise provided by Fairway365's Refund & Cancellation Policy or required by law.

36. PAYMENT OBLIGATIONS

Customers agree to pay all applicable:

Membership fees;
Reservation charges;
Taxes;
No-show fees;
Damage charges;
Additional usage charges;
Other authorized charges; and
Other amounts properly owed under this Agreement.

Fairway365 may use the payment method on file for authorized charges.

37. FAILED PAYMENTS

If a payment is declined or otherwise fails, Fairway365 may:

Notify the Customer;
Retry the payment;
Suspend membership access;
Suspend reservation privileges;
Require an updated payment method; or
Terminate the applicable membership after reasonable notice where appropriate.

The Customer remains responsible for valid outstanding amounts.

38. MEMBERSHIP ACCESS CODES

Membership access credentials are personal and may not be shared.

If Fairway365 determines that a Member has intentionally allowed another person to use their access credentials without authorization, Fairway365 may:

Charge an applicable unauthorized-access fee;
Suspend the Member's access;
Restrict booking privileges;
Terminate the membership; or
Take other lawful action.

Any specific fee will be disclosed to the Member through the applicable membership terms or checkout process.

39. REFUNDS

Refunds are governed by Fairway365's separate Refund & Cancellation Policy.

Nothing in this Agreement creates a refund right that does not otherwise exist under the applicable Refund & Cancellation Policy or applicable law.

40. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Fairway365, Kushi Arav 24 LLC, and their respective owners, members, managers, employees, contractors, agents, and service providers from claims, losses, damages, liabilities, and reasonable expenses arising from:

Your violation of this Agreement;
Your misuse of the Facility;
Your negligent or wrongful conduct;
Damage caused by you or your guests;
Your violation of applicable law; or
Your unauthorized use of Fairway365 services.

This provision does not require indemnification to the extent prohibited by applicable law.

41. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIRWAY365, KUSHI ARAV 24 LLC, AND THEIR OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE FACILITY OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRWAY365'S TOTAL LIABILITY ARISING FROM A CUSTOMER'S USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THAT CUSTOMER TO FAIRWAY365 FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in this Agreement limits liability that cannot legally be limited or waived.

42. RELEASE AND ASSUMPTION OF RISK

To the maximum extent permitted by applicable law, Customers acknowledge the inherent risks associated with golf, simulator use, recreational activities, and use of the Facility.

Any separate Fairway365 liability waiver must be reviewed and accepted where required before participation.

The release and waiver provisions contained in any separate waiver are intended to supplement this Agreement.

43. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except to the extent federal law or another applicable law requires otherwise.

Any dispute concerning this Agreement shall be handled in accordance with the dispute-resolution provisions contained in Fairway365's Terms of Service and any separate agreement applicable to the dispute.

44. DISPUTE RESOLUTION

Before initiating a formal legal proceeding, the Customer and Fairway365 agree to make a reasonable good-faith effort to resolve the dispute directly.

Customers should first contact Fairway365 and provide sufficient information for the Company to investigate the matter.

Any arbitration, class-action waiver, venue, or mandatory dispute-resolution provisions should be reviewed and finalized by Fairway365's attorney before implementation.

45. CHANGES TO THIS AGREEMENT

Fairway365 may update this Agreement from time to time.

The updated Agreement will be posted on the Fairway365 website with a revised "Last Updated" date.

Material changes may be communicated to Members through email, account notifications, the website, or other reasonable methods where appropriate.

Continued use of Fairway365 after the effective date of an updated Agreement constitutes acceptance of the updated Agreement to the extent permitted by law.

46. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

47. NO WAIVER

Fairway365's failure to enforce any provision of this Agreement does not constitute a waiver of its right to enforce that provision later.

48. ENTIRE AGREEMENT

This Agreement, together with Fairway365's:

Terms of Service;
Privacy Policy;
Refund & Cancellation Policy;
Cookie Policy;
Membership Terms;
Liability Waiver;
Facility Rules; and
Applicable reservation terms,

constitutes the applicable agreement between Fairway365 and the Customer concerning use of the Facility and related services.

If there is a conflict between this Agreement and a specific written membership or reservation agreement, the more specific agreement will control to the extent of the conflict.

49. CUSTOMER ACKNOWLEDGMENT

BY ENTERING OR USING THE FAIRWAY365 FACILITY, MAKING A RESERVATION, PURCHASING A MEMBERSHIP, OR USING FAIRWAY365 SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

You have read this Agreement;
You understand this Agreement;
You agree to comply with all Fairway365 rules;
You understand that golf and recreational activities involve inherent risks;
You are responsible for your own conduct;
You are responsible for your guests to the extent permitted by law;
You are responsible for damage caused by you or your guests to the extent permitted by law;
You understand Fairway365 may use security cameras and access-control systems;
You understand that membership and reservation benefits are subject to applicable terms;
You understand the cancellation and no-show policies;
You agree not to share your access credentials;
You agree to follow all safety instructions; and
You understand that a separate liability waiver may be required before participating in certain activities.

50. ELECTRONIC ACCEPTANCE

You agree that checking a box, clicking an acceptance button, signing electronically, creating an account, making a purchase, making a reservation, entering the Facility, or otherwise using Fairway365 services may constitute your electronic acceptance of this Agreement where permitted by applicable law.

Electronic records of your acceptance may be maintained by Fairway365 or its service providers.

51. CONTACT INFORMATION

Fairway365 Legal Entity: Kushi Arav 24 LLC Location: Warner Robins, Georgia Website: Fairway365.com

For questions regarding this Agreement, customers may contact Fairway365 using the contact information provided on the Fairway365 website.