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SCRATX TERMS OF SERVICE

Last Updated: August 11, 2026

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THEY CONTAIN AN ASSUMPTION OF RISK, A WAIVER AND RELEASE OF LIABILITY, LIMITATIONS ON OUR LIABILITY, AND — IN SECTION 34 — A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED AND REQUIRE YOU TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY.

These Terms & Conditions, together with the Privacy Policy, any membership or package terms presented at the time of purchase, and any rules posted within the Studio or in the App (collectively, the “Terms”), form a legally binding agreement between you and Scratx Miami LLC, a Florida limited liability company doing business as Scratx (“Scratx,” “we,” “us,” or “our”). By creating an account, booking, purchasing a membership or package, entering the Studio, or tapping “Agree & Unlock,” you accept these Terms.

1. Acceptance of Terms

By downloading or using the Scratx mobile application (the “App”), purchasing any Scratx product or service, or accessing the Scratx indoor golf studio (the “Studio”), you agree to be bound by these Terms, the Privacy Policy, and any posted rules within the space. If you do not agree to these Terms, you may not access or use the App or the Studio.

If you are accepting these Terms on behalf of another person — for example, a minor child, a guest you bring to the Studio, or a company — you represent that you are authorized to do so and that you accept these Terms on their behalf and bind them to these Terms.

In the event of a conflict between these Terms and any membership agreement, package terms, or posted Studio rules, the more specific document controls as to the subject it addresses, and these Terms control in all other respects. Nothing in any of those documents limits any right you have under Florida law that cannot lawfully be limited.

2. Definitions

3. Eligibility, Accounts & Minors

Adults (18+).

To create an account, make a Booking, purchase a Membership or Package, and independently access the Studio, you must be at least 18 years of age and able to form a legally binding contract.

Minors (under 18).

Minors may receive golf instruction and use the Studio, but only under the following conditions:

We may require that a parent, legal guardian, or other responsible adult be present during a minor’s Session, and we may set additional supervision requirements at our discretion. Children under 13 may not use the App, and we do not knowingly collect personal information from them; the App is intended to be operated by the supervising adult.

Account security.

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account, including all charges incurred. Notify us promptly at support@scratxgolf.com of any unauthorized use. One account per person. You may not create an account on behalf of anyone other than a minor for whom you are the parent or legal guardian.

Accurate information.

You agree to provide accurate, current, and complete information when creating your account and to keep it updated, including a valid email address, phone number, and payment method. We may suspend access to any account with materially inaccurate information or an invalid payment method on file.

4. Access & Use of the Studio

5. Bay Assignment

Specific Bay numbers are not guaranteed at the time of Booking. Your Bay assignment is provided at check-in or through the App shortly before your Session. This allows us to manage Bay flow, maintenance, and scheduling for all guests. We reserve the right to assign or reassign Bays as needed to optimize operations, and to substitute a Bay of comparable specification at any time before or during your Session.

If we must move you mid-Session for operational or safety reasons, we will do so as quickly as practicable and will extend your Session by the time lost or, at our discretion, issue a credit for it. A Bay reassignment alone is not grounds for a refund. Where a Booking is expressly sold as a specific Bay type at a premium price and we cannot supply that Bay type, we will refund or credit the price difference.

6. Personal Conduct & Studio Rules

By entering the Studio, you agree to:

External instructors and vendors.

No outside coach, instructor, trainer, club fitter, vendor, photographer, or service provider may operate at the Studio without our prior written consent. This applies whether or not they are being paid.

Animals.

Animals are not permitted in the Studio, except for service animals as defined by the Americans with Disabilities Act. Service animals must remain leashed or harnessed and under the handler’s control at all times, must not be left unattended, and may not enter a hitting area while a Session is in progress. The handler is responsible for any damage or cleaning caused by the animal. Emotional support animals, comfort animals, and pets are not service animals under the ADA and are not permitted.

Parking.

Any parking made available at or near the Studio is offered as a convenience only, on a first-come, first-served basis, and is not part of what you purchase. Scratx does not operate, control, or provide security for any parking area, and is not responsible for theft of or damage to any vehicle or its contents. You park at your own risk.

Retail and equipment sales.

Any merchandise, equipment, or consumables offered for sale must be paid for before use or removal from the premises.

Damage and cleaning fees.

Scratx reserves the right to charge a reasonable damage or cleaning fee to the payment method on file for misuse, excessive wear, or any condition requiring cleaning or repair beyond normal use of the Studio or equipment. We will notify you of the amount and the basis for the charge. Where practicable, we will provide supporting documentation such as photographs or a repair invoice.

7. Guests

You may bring guests only up to the occupancy limit stated for your Booking or Membership. You are fully responsible for each guest’s conduct, compliance with these Terms, and any charges, damage, or loss they cause. Every guest must be accounted for on the Booking. If a guest fails to appear, the Booking price is unchanged and no refund or credit is issued.

Any guest fee, guest allowance, or guest restriction applicable to your Membership is stated in the membership terms presented at purchase and may be modified prospectively on notice under Section 12.

8. Health & Fitness to Participate

You represent that you are in good physical health and have no medical condition, injury, impairment, or limitation that would make your participation unsafe, and that you have consulted a physician if you have any doubt. This representation is made by you for yourself and, where applicable, on behalf of each Accompanying Person.

Golf involves rapid rotational movement and forceful swinging. If you have a cardiac condition, back, neck, shoulder, elbow, wrist, or hip condition, are pregnant, or are recovering from injury or surgery, you should obtain medical clearance before participating. Scratx does not provide medical screening, supervision, or clearance, and does not evaluate your fitness to participate. You are solely responsible for stopping, resting, or leaving if you feel unwell or unsafe at any time.

Scratx staff are not medical professionals, athletic trainers, or lifeguards, and any assistance offered is provided as a courtesy and not as professional medical or fitness advice.

9. Bookings & Session Time

10. Cancellations, Reschedules & No-Shows

The following applies to individual Bay Reservations. It does not affect the separate statutory rights described in Section 16, which apply notwithstanding anything to the contrary in these Terms.

Cancellation by you.

No-shows.

If you do not arrive for a Reservation and do not cancel it, the Reservation is treated as a late cancellation: the full amount is charged, any hours drawn from a Package or Membership allowance are consumed, and no refund or credit is issued. Repeated no-shows — three (3) or more in any rolling ninety (90) day period — may result in restriction of your booking privileges, a requirement to prepay, or suspension of your account under Section 31.

Courtesy credits.

We may, entirely at our discretion and without creating any obligation or precedent, issue a one-time courtesy credit for a late cancellation or no-show. Any credit so issued expires twelve (12) months from issuance, has no cash value, and is not refundable or transferable. Refunds or credits offered outside the policy above are issued solely at Scratx’s discretion.

Cancellation by Scratx.

Where Scratx cancels a Reservation, Section 9 governs. Where the Studio is closed or a Session is prevented by a Force Majeure Event, Section 30 governs.

11. Prepaid Packages (Passes)

Packages are blocks of Bay hours purchased in advance at a discount to the hourly rate. The following applies to all Packages, in addition to any terms presented at the point of purchase:

If we permanently close the Studio and do not provide a comparable substitute facility, we will refund the unused, unexpired portion of your Package on a pro-rata basis, as described in Section 16(c).

12. Memberships

Memberships are recurring subscriptions that automatically renew until cancelled. The access rights, monthly rate, initiation fee, minimum term, allowance, booking window, usage ceiling, and any guest terms applicable to your Membership are those presented to you at the time of purchase and are incorporated into these Terms.

(a) Automatic renewal.

YOUR MEMBERSHIP AUTOMATICALLY RENEWS AND YOUR PAYMENT METHOD ON FILE WILL CONTINUE TO BE CHARGED THE THEN-CURRENT MEMBERSHIP RATE, PLUS APPLICABLE TAXES, ON EACH BILLING DATE UNTIL YOU CANCEL. There is no separate reminder before each monthly renewal. For any Membership with a term of twelve (12) months or more that automatically renews, we will send you written or electronic notice of the upcoming renewal not less than thirty (30) and not more than sixty (60) days before the cancellation deadline for that renewal.

(b) Billing date and proration.

Except as provided in Section 12(l) for pre-opening enrollments, your first charge occurs on the date you purchase the Membership. Thereafter you are billed monthly on the same calendar day. If a billing day does not exist in a given month, you are billed on the last day of that month. Memberships are billed in advance for the coming period and are not prorated for partial periods except where these Terms or applicable law expressly require.

(c) Cancelling a month-to-month Membership.

You may cancel a month-to-month Membership at any time by giving at least thirty (30) days’ notice through the App or by email to support@scratxgolf.com. Cancellation takes effect at the end of the billing period that ends at least thirty (30) days after we receive your notice, and you may continue to use your Membership benefits through that date. You will be billed for any billing period that begins within that thirty (30) day window. We will confirm your cancellation in writing; if you do not receive confirmation within three (3) business days, contact us.

You may cancel through the same channel you used to sign up. If you purchased your Membership online or in the App, you may cancel online or in the App, without calling us and without visiting the Studio.

(d) Cancelling a term Membership (6-month, 12-month, or other fixed term).

Term Memberships are sold at a discount in exchange for a commitment for the full term and continue for the entire term. They may be ended before the end of the term only:

At the end of a term Membership, unless you cancel or we notify you otherwise, your Membership continues on a month-to-month basis at the then-current month-to-month rate for your tier, cancellable on thirty (30) days’ notice under Section 12(c). We will notify you of the rollover rate before it takes effect.

(e) Initiation fees.

Any initiation, enrollment, or founding-member fee is a one-time charge for enrollment, is fully earned when your Membership begins, and is not refundable or prorated on cancellation — except where Section 16 or Section 31(b) expressly requires a refund. If you cancel and later rejoin, a new initiation fee applies at the then-current amount.

(f) Freezes and holds.

We may, at our discretion, offer to freeze a Membership for a stated period at a reduced or zero rate. A freeze is effective only when confirmed by us in writing. Unless we state otherwise, a freeze extends the end date of a term Membership by the length of the freeze. Any allowance not used before a freeze begins does not carry over. Notwithstanding the foregoing, a Member on a Founder Membership is entitled to one (1) freeze per any twelve (12) month period, of up to one (1) month, requested through the App; a freeze taken under this entitlement is confirmed in writing, is at zero rate, and does not interrupt the continuous-active status required for the Founder Rate Guarantee in Section 12(j).

(g) Price and benefit changes.

Except as provided in Sections 12(j) and 12(k), we may change Membership rates, allowances, booking windows, usage ceilings, guest terms, and included benefits. We will give you at least thirty (30) days’ advance written or electronic notice of any increase in your recurring rate or any material reduction in your benefits. The change takes effect on your next billing date after the notice period. If you do not accept the change, you may cancel before it takes effect by notifying us within the notice period, and the change will not be applied to you; in that case, and only in that case, we waive the thirty (30) day notice requirement in Section 12(c) and any early termination fee under Section 12(d). Continuing to be billed after the change takes effect is your acceptance of it. Special Event reservations and ordinary variations in Bay availability under Section 9 are not a reduction in benefits for purposes of this paragraph, provided we maintain reasonable overall availability for Members.

(h) Membership is personal.

Memberships are personal to the named Member, may not be transferred, shared, sold, or assigned, and may not be used to obtain access for any person who is not a Member or a properly registered guest.

(i) No lifetime memberships.

Scratx does not offer and does not represent that it offers a lifetime or perpetual membership, or any membership for an indefinite term. Every Membership has a stated term and renews only as described above.

(j) Founder Memberships.

Founder Memberships are offered only before the Studio’s public opening and are limited to a maximum of seventy-two (72). Founder pricing may be offered in ascending rate steps announced by us, with each step closing when an enrollment milestone or date set by us is reached; the monthly rate displayed at your enrollment is your Founder Rate. Notwithstanding Section 12(g), your Founder Rate will not be increased for as long as your Membership remains continuously active, including any freeze taken under the entitlement in Section 12(f) (the “Founder Rate Guarantee”). If your Membership is cancelled by you, lapses for non-payment that is not cured within thirty (30) days, or is terminated for cause under Section 31, the Founder Rate Guarantee ends permanently; any later membership is at then-current plans and pricing, and Founder Rates are not reinstated or re-issued. Founder Membership availability ends at the earlier of (i) all seventy-two (72) Founder Memberships being claimed or (ii) the Studio’s public opening, even if fewer than seventy-two (72) have been claimed. A Founder Membership is a month-to-month recurring Membership with a six (6) month minimum term and a rate commitment; consistent with Section 12(i), it is not a lifetime or perpetual membership, and the Founder Rate Guarantee is a pricing commitment only — it does not guarantee the continued availability of the Studio, of any particular benefit, allowance, or booking window, or of membership generally.

(k) Committed Memberships.

For a Committed Membership with a six (6) month minimum term, and notwithstanding Section 12(g), the recurring monthly rate in effect at your enrollment will not be increased for twelve (12) months from your enrollment date. After that period, Section 12(g) applies in full, including its notice and cancellation rights.

(l) Pre-opening enrollment.

If you enroll in a Membership before the Studio’s public opening: no amount is charged at enrollment; your payment method is securely stored and an authorization may be placed on it; and your first monthly charge occurs on the day of the Studio’s public opening. You may cancel at any time before the Studio’s public opening without charge, penalty, or obligation, through the App, the website, or by email to support@scratxgolf.com. Any minimum term runs from the Studio’s public opening day, not from enrollment. Advertised opening timing is an estimate; if the public opening is materially delayed beyond the estimated timing communicated to you, you may cancel without charge at any time before your first charge. This subsection does not limit the statutory rights described in Section 16.

(m) Membership cap; waitlist.

We limit the total number of active Memberships in order to preserve booking availability for Members. When the cap is reached, new Memberships are offered from a waitlist in order of signup. A cancelled Membership returns to the available pool and is offered at then-current plans and pricing. We cannot guarantee re-enrollment, any particular waitlist position, or the restoration of prior pricing, including any Founder Rate.

13. Recurring Billing Authorization

By purchasing a Membership, or by enrolling in any other recurring plan we offer, you expressly authorize Scratx Miami LLC and its payment processors to charge the payment method you designate on a recurring basis, and you acknowledge and agree that:

Failed payments.

If a charge is declined, we may retry it periodically for up to thirty (30) days. We will notify you of the failure. If payment is not received within ten (10) days of the original billing date, we may suspend your access to the Studio and the App until the balance is paid. Suspension for non-payment does not pause, reduce, or excuse your dues, and does not extend a term Membership. If payment is not received within thirty (30) days, we may terminate your Membership, which does not release you from amounts already accrued, including the early termination fee under Section 12(d) where applicable. We may charge a reasonable failed-payment fee, not to exceed the amount permitted by law, disclosed in the App.

Electronic bank debits.

If you elect to pay by direct debit from a bank account rather than by card, this Section constitutes your written, authenticated authorization for preauthorized electronic fund transfers. You will receive a copy of the authorization, and where the amount of a debit will vary from the previously authorized amount, we will give you at least ten (10) days’ advance notice of the amount and date. You may stop payment on a preauthorized transfer by notifying us and your financial institution at least three (3) business days before the scheduled date.

14. Payment Terms, Fees & Chargebacks

15. Lessons & Third-Party Instructors

Golf lessons and instruction offered at the Studio or through the App are provided by independent third-party instructors (each, an “Instructor”), not by Scratx. Instructors are not employees, agents, partners, or representatives of Scratx. Scratx provides the booking and payment platform and the Bay; it does not employ, train, supervise, direct, or control Instructors or the content, methods, or quality of instruction, and does not certify, endorse, or guarantee any Instructor, any lesson, or any result.

(a) Booking and fees.

Lesson fees are set by the Instructor and shown in the App at the time of booking. When you book a lesson, you enter into a contract for instruction with the Instructor, not with Scratx. Scratx collects your payment on the Instructor’s behalf as the Instructor’s limited payment collection agent, and your payment to Scratx fully discharges your payment obligation to the Instructor for that lesson. All lessons taking place at the Studio must be booked and paid through the App.

(b) Cancellations, no-shows, and refunds.

Lesson cancellations follow Section 10: cancel twelve (12) hours or more before the lesson start time for a full refund, and cancellations made inside twelve (12) hours and no-shows are non-refundable. If the Instructor cancels a lesson or fails to appear, you will receive, at your election, a full refund of the lesson fee to your original payment method or an equivalent Scratx credit. Where a lesson is booked three (3) or more days in advance, the statutory cancellation right described in Section 16(a) also applies to that booking.

(c) Instructor conduct and disputes.

Instructors are required to comply with these Terms and all posted Studio rules while at the Studio, and to maintain their own insurance. Disputes concerning the quality, content, or outcome of instruction are between you and the Instructor. Scratx will assist in good faith but is not responsible for resolving them and does not guarantee any refund beyond those stated in paragraph (b).

(d) Risk, release, and liability.

Lessons involve the same risks described in Section 19. The Assumption of Risk (Section 19), the Waiver & Release of Liability (Section 20), the Indemnification (Section 21), and the Limitation of Liability (Section 33) apply fully to lessons. To the fullest extent permitted by law, the Released Parties are not liable for the acts, omissions, instruction, advice, or negligence of any Instructor, and any claim arising out of the instruction itself must be brought against the Instructor.

(e) Minors.

Lessons for a minor may be booked only by the minor’s parent or legal guardian, subject to Section 3 and the consents in Section 22. A parent, legal guardian, or authorized responsible adult must remain present at the Studio for the entire duration of a minor’s lesson unless we expressly permit otherwise in writing.

16. Statutory Cancellation Rights

The rights in this Section apply notwithstanding any contrary provision in these Terms, in any membership or package terms, or in any other document. They are provided in substantially the form required by Florida law and are given regardless of whether Scratx is ultimately determined to be a “health studio” within the meaning of sections 501.012–501.019, Florida Statutes.

(a) Three-day right to cancel.

YOU MAY CANCEL ANY MEMBERSHIP, PACKAGE, OR OTHER CONTRACT FOR FUTURE SERVICES WITHOUT PENALTY WITHIN THREE (3) DAYS, EXCLUDING HOLIDAYS AND WEEKENDS, OF THE DATE YOU ENTER INTO IT, BY MAILING OR DELIVERING WRITTEN NOTICE OF CANCELLATION TO SCRATX. UPON SUCH NOTICE, ALL MONEY YOU HAVE PAID UNDER THE CONTRACT WILL BE REFUNDED, EXCEPT THAT SCRATX MAY RETAIN AN AMOUNT CALCULATED BY DIVIDING THE TOTAL CONTRACT PRICE BY THE NUMBER OF COMPLETE DAYS IN THE CONTRACT TERM (OR, IF APPROPRIATE, BY THE NUMBER OF OCCASIONS ON WHICH SERVICES ARE TO BE RENDERED) AND MULTIPLYING THE RESULT BY THE NUMBER OF COMPLETE DAYS THAT HAVE PASSED (OR OCCASIONS ON WHICH SERVICES HAVE BEEN RENDERED). ANY REFUND WILL BE ISSUED WITHIN THIRTY (30) DAYS AFTER WE RECEIVE YOUR NOTICE OF CANCELLATION.

Written notice may be mailed or delivered to Scratx Miami LLC at the address in Section 38, or sent by email to support@scratxgolf.com.

(b) Cancellation on death or disability.

You may cancel your Membership or Package if you die or become physically unable to use a substantial portion of the services you have been using, with a refund calculated by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the term. We may require proof of death, or certification of the disability by a physician licensed under chapter 458, 459, 460, or 461, Florida Statutes, to the extent the diagnosis or treatment of the disability is within that physician’s scope of practice. A refund under this paragraph will be issued within thirty (30) days after we receive your notice of cancellation.

(c) Cancellation if we close or relocate.

You may cancel your Membership or Package, with a refund calculated on the same weekly pro-rata basis described in paragraph (b), if Scratx goes out of business at the Studio location stated in your contract, or moves the Studio more than five (5) driving miles from that location and fails within thirty (30) days to provide a facility of equal quality within five (5) driving miles at no additional cost to you. Notice of intent to cancel must be given to us in writing. A notice of cancellation from you automatically terminates your obligation to any entity to which we have assigned or subrogated your contract. A refund under this paragraph will be issued within thirty (30) days after we receive your notice. The Studio is not considered out of business when temporarily closed for repair or renovation of the premises: (i) upon sale, for not more than fourteen (14) consecutive days; or (ii) during ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.

(d) Term limit.

No initial Membership or Package contract will be for a period longer than thirty-six (36) months, and thereafter is renewable only annually. A renewal contract may not be executed, and the fee for it paid, until sixty (60) days or less before the preceding contract expires.

(e) Access credentials.

Where we require you to present identification or an access credential as a condition of entry, we will provide you with the means of that identification at no additional charge.

(f) If we go out of business.

Should Scratx go out of business, you may contact the Florida Department of Agriculture and Consumer Services for information within sixty (60) days.

(g) Refund method.

Refunds are issued to the original payment method wherever practicable. Where the original payment method is closed, expired, or unavailable, we will issue the refund by another commercially reasonable means.

17. Personal Property & Lost and Found

You are solely responsible for your personal property. Scratx is not responsible for, and expressly disclaims all liability for, loss of, theft of, or damage to any personal property brought to, left at, or stored at the Studio, including clubs, bags, rangefinders, electronics, apparel, and the contents of any locker, cubby, or vehicle. Any locker or storage space is provided as a convenience only, is not secure, and must be emptied at the end of your Session.

Items found at the Studio will be held for thirty (30) days from the date they are found. To claim an item, contact us at support@scratxgolf.com or ask at the front desk and be prepared to describe the item well enough for us to verify ownership. Perishable items, opened food and beverages, and items that are soiled or that present a health or safety concern may be discarded immediately. After thirty (30) days, unclaimed items may be donated, sold, or discarded at our discretion, without notice and without liability to you. We do not ship items.

Please keep your belongings with you and secure at all times.

18. Property & Equipment

19. Assumption of Risk

Golf, swinging clubs, hitting balls, and the use of related equipment and simulator technology involve inherent and other risks of injury, including risks from your own actions, the actions of others present, and equipment malfunction. These risks include, without limitation, being struck by a club, ball, or ricochet; slips, trips, and falls; contact with walls, screens, netting, or fixtures in a confined indoor space; strains, sprains, fractures, eye and dental injury, concussion, and other personal injury, including permanent disability and death; as well as property damage or loss.

You further acknowledge the specific risks of an indoor simulator environment, including limited swing clearance, low light or projected light conditions, balls rebounding from the screen or netting, and the presence of other people in close proximity.

By entering and using the Studio, you knowingly and voluntarily assume all such risks, whether known or unknown, and agree that you and each Accompanying Person are participating at your own risk.

20. Waiver & Release of Liability

To the fullest extent permitted by law, you hereby release, waive, and discharge Scratx Miami LLC (d/b/a Scratx) and its officers, members, managers, employees, contractors, instructors, agents, insurers, landlords, and affiliates (collectively, the “Released Parties”) from any and all liability, claims, demands, or causes of action of any kind — whether known or unknown, and whether for personal injury, death, property damage, or loss — arising out of or related to your use of the App or the Studio, including those arising from the ordinary negligence of the Released Parties.

This release expressly includes, without limitation, claims alleged to arise from the condition or maintenance of the Studio, equipment, turf, flooring, or premises; from instruction or supervision or the absence of either; from the acts or omissions of other guests; and from your slipping, tripping, falling, or otherwise injuring yourself or others at the Studio.

This release does not apply to liability that cannot be waived under applicable law, including gross negligence, willful or intentional misconduct, or as otherwise prohibited by Florida law.

21. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs, at trial and on appeal) arising out of or related to your use of the App or Studio, your breach of these Terms, or the acts or omissions of any guest or minor you bring to or permit to access the Studio.

You further agree to reimburse the Released Parties for any costs, fees, or charges (including reasonable attorneys’ fees) incurred in enforcing the assumption of risk, release, or indemnity in these Terms if you, or anyone acting on your behalf or on behalf of an Accompanying Person, brings a claim released by these Terms.

22. Acceptance by Tapping “Agree & Unlock”; Guests and Minors

Each time you tap “Agree & Unlock,” you provide a new, separate acceptance of these Terms for that visit. You agree that each such tap is your electronic signature and has the same legal effect as a handwritten signature, and you consent to contracting electronically. You agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and that the absence of such verification does not affect its enforceability. By tapping “Agree & Unlock” on each occasion, you represent, acknowledge, and agree that:

Because you may bring a minor on any visit, the following statutory notice applies and is presented to you each time you tap “Agree & Unlock.” You acknowledge that, under Florida law, a parent or legal guardian may waive and release claims arising from the inherent risks of an activity on a minor’s behalf, but may not waive claims arising from the provider’s own negligence, and nothing here waives any right that cannot lawfully be waived:

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SCRATX MIAMI LLC (D/B/A SCRATX) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SCRATX MIAMI LLC (D/B/A SCRATX) IN A LAWSUIT FOR ANY INJURY OR DEATH ARISING OUT OF THE INHERENT RISKS OF THIS ACTIVITY.

Each time you tap “Agree & Unlock,” you confirm the representations above and agree to the assumption of risk and release on behalf of yourself and every Accompanying Person. If you are not the parent or legal guardian of a minor and do not have their guardian’s authorization, do not bring that minor into the Studio. If you do not agree, do not tap “Agree & Unlock” and do not enter.

23. Consent to Medical Treatment

You consent, for yourself and for each Accompanying Person for whom you are responsible, to the administration of first aid and to any medical treatment that a qualified responder or medical professional deems necessary in the event of injury, accident, or illness at the Studio, including transport by emergency services. You understand and agree that you are solely responsible for all costs of any such treatment or transport, and that Scratx has no obligation to provide, arrange, or pay for medical care.

24. Surveillance & Security

For the safety and security of guests and property, the Studio and its surroundings are monitored by video, and may be monitored by audio, surveillance. Cameras are used in entry areas, common areas, and hitting bays. Cameras are not used in restrooms or changing areas. By entering, you consent to such monitoring and recording, on your own behalf and on behalf of each Accompanying Person.

Recordings may be used to verify access, investigate incidents and damage, enforce these Terms, defend claims, and cooperate with law enforcement, as further described in the Privacy Policy. Retention periods are described in the Privacy Policy. Simulator cameras and sensors also capture images of you for the purpose of measuring ball and club data, as described in Section 26.

25. Photography, Recording & Publicity

Scratx may photograph, film, record, or livestream at the Studio, and may capture your image, likeness, voice, name, and swing or performance footage, whether incidentally or deliberately, including during events, classes, leagues, and promotional shoots.

You grant Scratx a worldwide, royalty-free, perpetual, non-exclusive, sublicensable license to use, reproduce, edit, publish, and display such material in any medium now known or later developed, for Scratx’s marketing, advertising, promotional, editorial, and internal purposes, without further notice, approval, compensation, or credit. You waive any right to inspect or approve the finished material and any claim for defamation, invasion of privacy, or right of publicity arising from its use as described here. You grant this consent for yourself and, where you are the parent or legal guardian, on behalf of any minor you bring.

If you do not wish your likeness to be used for marketing purposes, tell us in writing at support@scratxgolf.com and we will not use newly captured material of you for that purpose going forward, and will make reasonable efforts to remove you from material we control. This does not apply to security footage under Section 24, and does not require us to recall or edit material already published or distributed.

You may record your own play for personal, non-commercial use. You may not record, photograph, or livestream any other guest without their consent, and you may not record for any commercial purpose without our prior written consent. Recording in restrooms or changing areas is strictly prohibited.

26. Performance Data

Simulator and launch-monitor systems at the Studio capture data about your play, including club and ball measurements, shot images and video, scores, and session history (“Performance Data”). You may access your Performance Data through the App or the simulator provider’s platform, subject to their terms.

You grant Scratx the right to store, process, and use Performance Data to deliver and improve the service, provide you with your results, maintain and calibrate equipment, and produce aggregated or de-identified analytics and insights that do not identify you. Some Performance Data is processed by third-party simulator and launch-monitor providers under their own terms and privacy policies. Scratx does not guarantee the accuracy, availability, retention, or portability of Performance Data, and is not liable for its loss, corruption, or unavailability.

27. Communications Consent

By creating an account, you agree to receive from Scratx transactional communications relating to your account, Bookings, Membership, billing, access, safety, and these Terms, by email, SMS, and push notification. These are not marketing messages and you may not opt out of them while your account is active, though you may change the channel where the App allows.

If you provide a mobile number and opt in, you agree to receive marketing and promotional messages from Scratx by email and SMS, including messages sent using an automatic telephone dialing system. Consent to marketing messages is not a condition of purchase. Message and data rates may apply. You may opt out of marketing email at any time using the unsubscribe link, and of marketing SMS by replying STOP. Opting out of marketing does not stop transactional messages.

You consent to receive these Terms, your membership and package terms, renewal and price-change notices, receipts, and all other legally required notices electronically, and you agree that electronic delivery satisfies any requirement that such a notice be in writing. You may withdraw this consent by contacting us, but doing so may mean we can no longer provide the App or Studio access to you.

28. Data & Privacy

Scratx uses third-party service providers to manage app access, entry, payments, communications, simulator technology, and analytics. By using the App, you consent to the collection, use, and processing of your information as described in our Privacy Policy. The personal information we collect may include:

For details on how we collect, use, share, retain, and protect your information, and your privacy choices, please review our Privacy Policy, which is incorporated into these Terms by reference.

29. Intellectual Property

The App, the Scratx name and logos, and all related content are owned by Scratx or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the App for its intended purpose. You may not copy, modify, distribute, reverse-engineer, scrape, or create derivative works from the App except as permitted by law. All rights not expressly granted are reserved.

If you send us feedback, suggestions, or ideas about the App or the Studio, you grant us an unrestricted, royalty-free right to use them without obligation to you.

30. Force Majeure & Temporary Closures

Scratx is not liable for any failure or delay in performance caused by an event beyond our reasonable control, including hurricane, tropical storm, flood, fire, severe weather, earthquake, power or internet failure, equipment or simulator failure, water intrusion, labor disruption, supply failure, act of terrorism, civil unrest, epidemic or pandemic, government order or restriction, or an act or omission of a landlord, utility, or building operator (each, a “Force Majeure Event”).

If a Force Majeure Event prevents a Session, we will refund or credit that Session at your election as described in Section 9. If a Force Majeure Event closes the Studio for more than seven (7) consecutive days, we will, at our election, either extend affected Memberships and Package expiration dates by the length of the closure or issue a pro-rata credit for the closed period. Short closures for maintenance, repair, or renovation within the periods permitted by Florida law do not constitute going out of business and do not trigger a refund right under Section 16(c).

31. Suspension & Termination of Access

(a) Termination for cause.

Scratx may suspend or permanently revoke your access to the App and the Studio immediately, with or without notice, for violation of these Terms, unsafe or abusive conduct, damage to property, sharing of access credentials, non-payment, fraud, chargeback abuse, or any conduct that endangers or unreasonably disturbs other guests, staff, neighbors, or the premises. Where we terminate for cause, all prepaid amounts — including unused Membership dues for the current period, unused Package hours, credits, and initiation fees — are forfeited and are not refunded, and any early termination fee under Section 12(d) remains payable. This does not limit any other remedy available to us.

(b) Termination without cause.

Scratx may also end your access, or discontinue a product or the Studio, without cause and for business reasons, on reasonable notice. Where we do so, and you are not otherwise in breach, we will refund the unused portion of your Membership and Package on a pro-rata basis, calculated on the weekly formula in Section 16(b), and will refund any unused portion of an initiation fee prorated over twelve (12) months from the date your Membership began. This is your sole remedy in that circumstance.

(c) Effect of termination.

On termination, your right to access the App and the Studio ends immediately and your access credentials are revoked. Termination does not relieve you of amounts already owed. The provisions concerning assumption of risk, waiver and release, indemnification, payment obligations, publicity, disclaimers, limitation of liability, dispute resolution and arbitration, and governing law survive termination.

(d) Your right to close your account.

You may close your account at any time by contacting us. Closing your account does not by itself cancel a Membership — you must cancel the Membership as described in Section 12 — and does not entitle you to a refund of any prepaid amount except as these Terms or applicable law provide.

32. Disclaimer of Warranties

The App and the Studio are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Scratx disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App or Studio access will be uninterrupted, error-free, or secure, that any particular Bay, simulator, equipment, course, feature, or amenity will be available, or that simulator measurements, ball flight modeling, scoring, or Performance Data will be accurate, complete, or suitable for any purpose, including handicap, instruction, coaching, wagering, or equipment fitting. No advice or information obtained from Scratx creates any warranty not expressly stated here.

33. Limitation of Liability

To the fullest extent permitted by law, the Released Parties shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or opportunity, arising out of or related to your use of the App or Studio, whether based in contract, tort, strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages.

In no event shall the Released Parties’ total aggregate liability for all claims arising out of or related to these Terms, the App, or the Studio exceed the greater of (a) the total amount you paid to Scratx in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations or the exclusion of certain damages, so portions of this Section may not apply to you, and nothing in this Section limits liability that cannot be limited under applicable law.

34. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU AND SCRATX TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

(a) Informal resolution first.

Most concerns can be resolved quickly. Before starting an arbitration or lawsuit, the complaining party must send the other a written notice of dispute describing the claim and the relief sought — to Scratx at info@scratxgolf.com, or to you at the email address on your account — and the parties will attempt in good faith to resolve it. Neither party may begin arbitration until sixty (60) days after that notice is sent. Any applicable limitations period is tolled during that sixty (60) day period.

(b) Agreement to arbitrate.

If the dispute is not resolved within sixty (60) days, you and Scratx agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, the Studio, any Membership, Package, or Booking, or your relationship with Scratx — including disputes about the existence, scope, validity, breach, or enforceability of this arbitration agreement — shall be resolved exclusively by final and binding arbitration, and not in court, except as stated in paragraph (d).

(c) Arbitration procedure.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. If the AAA is unavailable or declines to administer, the parties will agree on another established administrator, or a court of competent jurisdiction will appoint one. The arbitration will be conducted by a single arbitrator. The seat and any in-person hearing will be in Miami-Dade County, Florida, unless the parties agree otherwise; claims under $25,000 may, at your election, be resolved on documents only or by telephone or videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator may award any relief available in court to the individual party, and the award is final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own attorneys’ fees except where a statute or these Terms provide otherwise. Arbitration fees are allocated under the AAA Consumer Rules; if the arbitrator finds the arbitration costs would be prohibitive for you compared with litigation, Scratx will pay as much of your filing, administrative, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

(d) Exceptions.

This Section does not require arbitration of: (i) any claim that qualifies for and is brought in a small-claims court in Miami-Dade County, Florida, so long as it remains an individual claim in that court; (ii) any action to enforce or protect intellectual property rights, or to obtain temporary or preliminary injunctive relief in aid of arbitration; or (iii) any claim that applicable law provides may not be arbitrated.

(e) Class action and jury trial waiver.

YOU AND SCRATX 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, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND SCRATX EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

(f) Severability of this Section.

If the class action waiver in paragraph (e) is held unenforceable as to a particular claim or request for relief, then that claim or request for relief — and only that claim or request for relief — shall be severed from the arbitration and brought in the courts identified in Section 35, and all other claims shall proceed in arbitration. If any other portion of this Section is held unenforceable, it shall be severed and the remainder shall continue in effect.

(g) Survival.

This Section survives termination of these Terms and closure of your account.

35. Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 34, any dispute shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

36. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date and, where appropriate, provide notice in the App or by email. Material changes take effect on the date stated in the notice, which will be at least thirty (30) days after notice for changes that materially affect your rights or obligations, except where a change is required by law or is necessary for safety, in which case it may take effect immediately. Your continued use of the App or Studio after changes take effect constitutes acceptance of the updated Terms. Changes to Section 34 do not apply to any dispute for which a notice of dispute was already sent before the change took effect.

37. General Provisions

Severability.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver.

Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing signed by us.

Assignment.

You may not assign or transfer these Terms or any Membership, Package, or Booking without our written consent. We may assign these Terms, in whole or in part, to any affiliate or in connection with a merger, financing, reorganization, or sale of assets, on notice to you.

Survival.

Sections 15, 16, 17, 19, 20, 21, 23, 24, 25, 26, 28, 29, 31(c), 32, 33, 34, 35, and 37 survive termination or expiration of these Terms.

Notices.

Notices to you may be given by email to the address on your account, by push or in-App notification, or by posting in the Studio. Notices to Scratx must be sent to support@scratxgolf.com or to the address in Section 38.

No third-party beneficiaries.

Except for the Released Parties, who may enforce Sections 20, 21, and 33, these Terms create no third-party beneficiary rights.

Headings and interpretation.

Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafter.

Entire agreement.

These Terms, together with the Privacy Policy, the membership or package terms presented at purchase, and any posted Studio rules, constitute the entire agreement between you and Scratx regarding the App and Studio and supersede any prior agreements, representations, or understandings, whether oral or written. You represent that you have not relied on any oral statement or representation not contained in these Terms.

38. Contact Us

Questions about these Terms can be directed to:

Scratx Miami LLC (d/b/a Scratx)

681 Brickell Key Dr, Miami, FL 33131

support@scratxgolf.com

Scratx Miami LLC (d/b/a Scratx) is registered with the State of Florida as a Health Studio. Registration No. is HS______.

39. Acknowledgment & Agreement

Each time you tap “Agree & Unlock” in the App, and each time you purchase a Membership, Package, or Booking, you acknowledge that you have read, understood, and voluntarily accept these Terms & Conditions, including the Assumption of Risk (Section 19), the Waiver & Release of Liability (Section 20), the Indemnification (Section 21), the acceptance on behalf of yourself and any guest or minor you bring (Section 22), the Recurring Billing Authorization (Section 13), and the Dispute Resolution, Binding Arbitration, and Class Action Waiver (Section 34).

You agree that each tap and each purchase is a separate electronic signature that binds you and every Accompanying Person, and that Scratx may rely on and retain a record of each acceptance. If you do not agree, do not tap “Agree & Unlock,” do not purchase, and do not access the Studio.