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TROSKY SPORTS CLUB

FACILITY AGREEMENT, RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, POLICY AGREEMENT, INDEMNIFICATION AGREEMENT,
MEDIA RELEASE, AND MEMBERSHIP TERMS

PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING OR ELECTRONICALLY ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TO THE TERMS APPLICABLE TO YOUR USE OF TROSKY SPORTS CLUB, INCLUDING A RELEASE AND WAIVER OF CERTAIN LEGAL RIGHTS.

This Facility Agreement, Release and Waiver of Liability, Assumption of Risk, Policy Agreement, Indemnification Agreement, Media Release, and Membership Terms (“Agreement”) is entered into by the undersigned participant, guest, member, spectator, event attendee, customer, or other facility user (“Participant,” “I,” “me,” or “my”) in favor of Trosky Sports Club (“Trosky”), its owners, officers, directors, members, managers, employees, agents, volunteers, affiliates, sponsors, successors, assigns, representatives, and landlords (collectively, the “Company”).

This Agreement applies, as applicable, to individuals entering, participating in activities at, purchasing a day pass for, booking, attending an event at, or otherwise using Trosky Sports Club (the “Facility”).

IMPORTANT — MEMBERSHIP TERMS

THE MEMBERSHIP-SPECIFIC PROVISIONS OF THIS AGREEMENT APPLY ONLY TO INDIVIDUALS WHO PURCHASE OR ENROLL IN A TROSKY SPORTS CLUB MEMBERSHIP.

A guest, day-pass holder, spectator, event attendee, court-booking customer, or other non-member who signs or electronically accepts this Agreement does not become a member solely by signing this Agreement and does not become subject to membership-specific payment, billing, cancellation, or commitment obligations.

If an individual purchases or enrolls in a Trosky membership, the membership-specific provisions contained in Section 20, together with the membership plan, price, benefits, payment schedule, and commitment period selected at enrollment, become part of that individual's Agreement with Trosky.

1. ACTIVITIES

I desire to participate in sports activities, recreational activities, tournaments, leagues, camps, clinics, private events, corporate events, birthday parties, weddings, receptions, spectator attendance, meetings, social gatherings, and all related activities, including but not limited to pickleball, padel, soccer, volleyball, training sessions, fitness activities, and the use of indoor and outdoor courts, turf fields, grounds, facilities, equipment, amenities, parking areas, and related property (collectively, the “Activities”) at the Facility.

This Agreement applies whether I enter or use the Facility as a member, day-pass holder, guest, spectator, participant, event attendee, renter, customer, or otherwise.

2. ASSUMPTION OF RISK

I UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES AND PRESENCE AT THE FACILITY INVOLVE INHERENT RISKS, including but not limited to physical exertion, heat exposure, dehydration, collisions, falls, slips, equipment failure, contact with other participants, spectators, children, animals, or objects, conditions of the Facility or surfaces, weather conditions, vehicle traffic, and other foreseeable or unforeseeable hazards.

I acknowledge that these risks may result in serious injury, illness, property damage, permanent disability, or death.

I certify that I am physically able to participate in the Activities and have no medical or physical condition that would make participation unreasonably dangerous.

I KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERS.

3. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES, ATTENDANCE AT EVENTS, OR USE OF THE FACILITY, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE COMPANY.

This Release applies to claims for personal injury, illness, property damage, wrongful death, economic loss, or any other damages.

This Release does not apply to gross negligence, reckless conduct, or willful misconduct to the extent prohibited by Texas law.

4. INDEMNIFICATION

I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY from and against any and all claims, damages, losses, liabilities, costs, or expenses, including attorneys’ fees, arising out of or related to my participation in the Activities, presence at the Facility, violation of Facility rules, or actions of my guests, children, invitees, vendors, contractors, or animals.

5. FACILITY RULES, CONDUCT & SAFETY REQUIREMENTS

I agree to comply with all Facility rules, policies, safety requirements, posted signage, and reasonable instructions communicated by Trosky, whether provided on-site, electronically, or verbally by staff.

Guests must treat staff, members, players, spectators, and visitors with courtesy and respect.

Harassment, discrimination, threats, abusive language, fighting, disruptive behavior, vandalism, illegal activity, unsafe conduct, or other behavior that interferes with the safe operation of the Facility is prohibited.

Unsportsmanlike conduct may result in removal from an Activity or the Facility.

Trosky reserves the right to stop Activities that create unsafe conditions and may deny entry, remove an individual, suspend privileges, cancel reservations, or terminate memberships for violations of this Agreement or Facility policies.

6. CHILDREN & PETS

Children must be supervised and under control at all times. Parents and legal guardians assume responsibility for the conduct and safety of minors in their care while on the premises.

Pets are permitted only in designated areas, if applicable. Dogs and other permitted animals must remain leashed or otherwise appropriately controlled, supervised, and under control at all times. Owners are responsible for cleaning up after their pets.

Owners assume responsibility and liability for injury, damage, loss, or incidents caused by their animals and agree to indemnify and hold harmless the Company from claims arising therefrom to the fullest extent permitted by law. Aggressive, disruptive, or unsafe animals may be removed from the Facility.

7. SPECTATORS & GUESTS

Spectators, guests, event attendees, and non-participants acknowledge that they voluntarily enter the Facility and assume risks associated with their presence, including risks arising from sports activities, equipment, balls, projectiles, participants, animals, weather conditions, and other attendees.

All guests must check in upon arrival when required. Guests must comply with all Facility policies and staff instructions. Members are responsible for ensuring their guests comply with Trosky rules and policies. Trosky reserves the right to deny entry to or remove a guest for policy violations or safety concerns.

8. COURT, FIELD & OPEN PLAY POLICIES

Proper athletic attire and footwear are required. Turf shoes are required for use of the turf field when required by Trosky. Cleats, metal spikes, or other prohibited footwear may not be worn unless specifically authorized by Trosky.

Participants must use courts, fields, amenities, and equipment only for their intended purposes. Unsafe play, misuse of equipment, or reckless behavior is prohibited. Staff reserves the right to stop Activities that create unsafe conditions.

OPEN PLAY: Participants must follow designated open-play formats and rotation systems. Skill-level-specific sessions should be respected to maintain competitive balance and player enjoyment. Trosky staff may adjust rotations, court assignments, or playing formats as necessary. Repeated failure to follow open-play procedures may result in removal from the session.

9. BOOKING & CANCELLATION POLICY

To ensure fair court access and efficient scheduling for guests and members:

Cancellations made 24 or more hours before a reservation will not be charged.

Cancellations made within 24 hours of a reservation will be charged the full booking amount.

No-shows will be charged the full booking amount.

Weather-related cancellations determined by Trosky will not be charged.

Repeated late cancellations or no-shows may result in temporary suspension of booking privileges.

Trosky reserves the right to modify, relocate, delay, or cancel reservations due to weather, maintenance, safety concerns, special events, private events, or operational needs.

These booking cancellation terms are separate from and should not be confused with the Membership Cancellation Policy applicable only to members under Section 20.

10. EQUIPMENT RENTALS & PROPERTY RESPONSIBILITY

I accept responsibility for equipment provided or rented by Trosky and agree to return such equipment in the same condition in which it was received, ordinary wear and tear excepted. All rental equipment must be returned immediately following use or within any other return period established by Trosky.

PADdLE RENTALS: Trosky may offer pickleball and padel paddle rentals. Lost, stolen, broken, damaged, or unreturned paddles may result in a replacement fee of up to $200.

TURF SHOE RENTALS: Lost, damaged, or unreturned turf shoes may result in a replacement fee of up to $50.

To the extent permitted by applicable law and payment authorization, I authorize Trosky to charge my payment method on file for applicable loss, theft, damage, excessive wear, cleaning, repair, replacement, or failure to return rented equipment.

FACILITY PROPERTY DAMAGE: I agree to be financially responsible for damage caused by me or, where legally applicable, my guests, invitees, children, animals, vendors, contractors, or event attendees to Trosky property, courts, turf, fields, buildings, furnishings, fixtures, equipment, landscaping, or facilities. Trosky reserves the right to recover applicable repair, replacement, restoration, cleaning, and associated costs to the fullest extent permitted by law.

11. PERSONAL PROPERTY & PARKING

Guests and Facility users are responsible for their personal belongings. To the fullest extent permitted by law, Trosky is not responsible for lost, stolen, damaged, or misplaced personal property, including vehicles, bags, clothing, sporting equipment, electronics, jewelry, or other belongings brought onto the premises.

Lost-and-found items may be retained for a limited period before disposal or donation.

Guests must park in designated parking areas. Unauthorized vehicles may be subject to towing at the owner's expense in accordance with applicable law. Trosky is not responsible for damage, theft, or loss involving vehicles or their contents to the fullest extent permitted by law. All persons enter and park at their own risk.

12. WEATHER CONDITIONS & WEATHER POLICY

Participants acknowledge that outdoor Activities may involve risks associated with heat, humidity, rain, lightning, wind, uneven terrain, and other environmental conditions and voluntarily assume such risks.

As an outdoor Facility, weather conditions may affect Trosky's operations. Trosky reserves the right to delay, suspend, modify, relocate, or cancel Activities due to weather or unsafe conditions. Weather-related closure decisions are made by Facility management.

Communication regarding weather-related impacts may be provided through email, phone, text message, social media, the Trosky booking platform, or other communication channels.

13. COMMUNICABLE DISEASES

I acknowledge the risk of exposure to communicable diseases, viruses, bacteria, and illnesses that may result from participation in Activities or presence at the Facility and voluntarily assume such risks to the fullest extent permitted by law.

14. MEDICAL CONSENT & INSURANCE

I consent to receive emergency medical treatment if deemed necessary by Facility staff, emergency responders, or medical personnel. I accept responsibility for medical costs incurred on my behalf and understand that Trosky does not provide medical, health, or accident insurance for participants or guests.

15. COLD PLUNGE & SAUNA POLICY

If recovery amenities such as cold plunges or saunas are made available by Trosky, guests utilize such amenities at their own risk.

Individuals with medical conditions should consult an appropriate medical professional before use. Guests may not use recovery amenities while under the influence of alcohol or drugs. Proper hygiene and all posted Facility rules must be followed. Misuse of recovery amenities may result in loss of access privileges.

16. ALCOHOL, SMOKING & DRUG POLICY

ALCOHOL: Alcohol may be permitted during approved events or in designated areas. Outside alcohol is prohibited unless specifically approved by Trosky management. Alcohol may be present, served, or consumed at the Facility in connection with weddings, private events, corporate functions, birthday parties, or through approved third-party vendors, caterers, or event organizers.

Trosky does not provide, serve, distribute, monitor, or assume responsibility for alcohol supplied by third parties. All individuals who consume alcohol do so voluntarily and at their own risk. Event hosts, organizers, caterers, vendors, and individuals providing or serving alcohol are responsible for complying with applicable federal, state, and local laws, including age-verification requirements and required permits or licenses.

Any individual who is or appears intoxicated, impaired, disruptive, aggressive, unsafe, or engaged in inappropriate conduct may be denied access to or removed from the Facility without refund, subject to applicable law.

SMOKE-FREE FACILITY: Smoking, e-cigarettes, and use of tobacco products are prohibited inside the Facility and on Trosky property.

DRUG-FREE FACILITY: The possession, use, distribution, or sale of illegal drugs or controlled substances without lawful authorization is prohibited on the premises. Individuals violating this policy may be required to leave and may be prohibited from returning.

17. FOOD & BEVERAGE POLICY

Outside food and beverages may be restricted during certain events. Catering services may require prior approval from Trosky management. Guests are responsible for cleaning up food and beverage items brought onto the property. Food and beverage service areas must be respected and maintained in a clean condition.

18. EVENTS, PRIVATE BOOKINGS & THIRD-PARTY VENDORS

EVENT & PRIVATE BOOKING POLICY: Private events may require a deposit to secure a reservation. Event dates are not guaranteed until required deposits are received. Deposits may be non-refundable as outlined in the applicable event agreement. Rescheduling requests are subject to availability. Final guest counts, event details, and logistics must be provided by applicable deadlines. Additional fees may apply for overtime usage, excessive cleanup, damages, or violations of event agreements.

EVENT HOST RESPONSIBILITY: Any individual, organization, company, or group reserving, renting, or hosting a private event at the Facility assumes responsibility for the conduct, supervision, and safety of its guests, invitees, attendees, vendors, contractors, caterers, entertainers, and service providers to the extent provided by the applicable event agreement and law.

Event organizers are responsible for ensuring their guests leave the Facility in a respectful condition. Excessive trash, decorations, spills, damages, or cleanup requirements may result in additional charges. Decorations that may damage Facility property are prohibited without prior approval. Event organizers may be responsible for damage caused by their guests, vendors, contractors, or attendees.

THIRD-PARTY VENDORS: To the fullest extent permitted by law, Trosky is not responsible for the actions, products, services, food, beverages, equipment, conduct, negligence, omissions, or performance of independent third-party vendors, caterers, contractors, entertainers, sponsors, instructors, or service providers operating at or utilizing the Facility.

19. RIGHT TO REFUSE SERVICE, REMOVE INDIVIDUALS & SUSPEND PRIVILEGES

Policy violations;

Unsafe behavior;

Harassment or discrimination;

Property damage;

Illegal activity;

Failure to comply with reasonable staff instructions;

Non-payment, when applicable;

Misuse of Facility or membership privileges; or

Conduct reasonably determined to be detrimental to the safety, operations, or enjoyment of the Facility by others.

An individual removed from the Facility because of a violation of Facility rules, unsafe conduct, intoxication, harassment, vandalism, failure to follow reasonable staff instructions, or other misconduct is not automatically entitled to a refund of membership fees, reservations, court bookings, event fees, rentals, or other payments, except where otherwise required by law.

20. MEMBERSHIP TERMS

IMPORTANT: THIS ENTIRE SECTION APPLIES ONLY TO INDIVIDUALS WHO PURCHASE OR ENROLL IN A TROSKY SPORTS CLUB MEMBERSHIP.

PURCHASING A DAY PASS, BOOKING A COURT, ATTENDING AN EVENT, ENTERING AS A GUEST OR SPECTATOR, OR OTHERWISE USING THE FACILITY DOES NOT MAKE AN INDIVIDUAL A TROSKY MEMBER AND DOES NOT MAKE THE MEMBERSHIP-SPECIFIC PAYMENT OR COMMITMENT PROVISIONS BELOW APPLICABLE TO THAT INDIVIDUAL.

20.1 MEMBERSHIP PLAN & COMMITMENT

The member agrees to the membership plan and commitment period selected at enrollment.

Memberships may be offered with monthly or annual payment options. Selecting monthly payments does not change the length of a required membership commitment. If a 12-month commitment is selected, the member is responsible for the full 12-month term whether membership dues are paid monthly or paid in full at enrollment, subject to applicable law and any different terms expressly provided by Trosky.

Memberships are personal to the member and may not be transferred, shared, or used by another individual.

20.2 PAYMENTS & BILLING

Membership dues will be charged according to the payment option selected at enrollment.

For monthly billing, the member authorizes Trosky and its applicable payment processor to automatically charge the payment method on file for recurring membership dues throughout the applicable membership term.

For memberships paid annually or in full, the applicable amount will be collected at enrollment and will cover the stated membership term.

Membership fees already processed are non-refundable except where otherwise required by law or expressly stated by Trosky.

20.3 MEMBERSHIP CANCELLATION

Membership cancellation requests must be made at least 30 days before the member's next billing date and submitted in person or by phone.

For memberships with a required commitment period, cancellation does not release the member from payments owed for the remainder of the commitment period unless otherwise approved by Trosky or required by law.

Membership fees already processed are non-refundable except where required by law.

Trosky reserves the right to suspend or terminate a membership due to non-payment, misconduct, policy violations, unsafe behavior, property damage, or misuse of membership or Facility privileges.

20.4 MEMBERSHIP ACCESS & BENEFITS

Membership provides access to the benefits included with the membership plan selected at enrollment.

Membership does not guarantee the availability of any particular court, field, amenity, program, open-play session, or area of the Facility.

Access and membership benefits are subject to Facility hours, scheduling, programming, weather, maintenance, tournaments, private events, special events, safety concerns, and other reasonable operational needs.

20.5 PRIVATE EVENTS & FACILITY CLOSURES

Trosky regularly hosts private events, corporate events, parties, weddings, tournaments, and other special events. Members understand that all or portions of the Facility may periodically be reserved exclusively for these events.

During a full-Facility private event or buyout, members may not have access to the Facility for the duration of the event. During partial-Facility events, certain courts, fields, amenities, or areas may be unavailable or restricted.

Trosky will make reasonable efforts to provide advance notice of significant Facility closures or access restrictions when practical.

Private events and Facility buyouts are part of Trosky's normal operations and do not automatically entitle members to refunds, credits, or membership extensions except where otherwise required by law.

20.6 RESERVATIONS & BOOKING

All court and Facility reservations are subject to Trosky's current Booking & Cancellation Policy, including Section 9 of this Agreement.

Members are responsible for applicable reservation fees, guest fees, rentals, equipment charges, and other purchases or charges associated with their account.

Membership does not guarantee a reservation or court availability unless specifically included in the selected membership plan.

20.7 MEMBER GUESTS

Members are responsible for ensuring their guests comply with Trosky rules and policies.

Guests must complete any required Liability Waiver and pay applicable guest, Activity, or Facility fees before participating or using the Facility.

20.8 CLUB RULES & MEMBER CONDUCT

Members agree to follow all Trosky rules, policies, posted signage, safety requirements, and reasonable instructions provided by Trosky staff.

Trosky reserves the right to suspend or terminate membership privileges for inappropriate or unsafe conduct, harassment, property damage, repeated policy violations, non-payment, misuse of the Facility, or behavior that may endanger members, guests, employees, or Trosky property.

Suspension or termination resulting from a member's violation of this Agreement or Trosky policies does not automatically eliminate outstanding membership payments or other amounts owed, except where otherwise required by law.

20.9 MEMBER EQUIPMENT & PROPERTY RESPONSIBILITY

Members are responsible for equipment rented, borrowed, or provided to them and may be charged for lost, damaged, or unreturned equipment in accordance with Trosky policies.

Members may also be responsible for damage to Trosky property resulting from misuse, negligence, or intentional conduct.

20.10 MEMBERSHIP PRICING & CHANGES

Trosky reserves the right to change membership pricing and make reasonable changes to membership benefits, operating hours, programming, scheduling, amenities, Facility access, and Club policies.

Trosky will provide members with advance notice before a change to their membership price takes effect.

Members within a fixed commitment period will maintain the membership price agreed upon at enrollment for the remainder of that commitment period. Updated pricing may apply upon renewal or after the commitment period ends.

20.11 FACILITY OPERATIONS AFFECTING MEMBERSHIP

Trosky reserves the right to temporarily close, restrict, relocate, reschedule, or modify access to courts, fields, amenities, programs, or other areas of the Facility due to weather, maintenance, repairs, safety concerns, tournaments, private events, special events, or other operational needs.

Temporary changes, closures, or access restrictions do not automatically entitle members to refunds, credits, or membership extensions except where otherwise required by law.

20.12 LIABILITY WAIVER & CLUB POLICIES

Membership does not replace or supersede the liability, assumption-of-risk, Facility policy, safety, conduct, or other generally applicable provisions of this Agreement.

Members remain subject to all applicable portions of this Agreement when participating in Activities or using the Facility.

20.13 MEMBER INFORMATION & PAYMENT METHOD

Members are responsible for maintaining accurate account, contact, and payment information.

If a payment method is declined or becomes invalid, the member remains responsible for membership dues and other amounts properly owed under the membership.

20.14 MEMBERSHIP AGREEMENT

For a member, this Agreement together with the membership plan, price, payment terms, benefits, payment schedule, commitment period selected at enrollment, and policies expressly incorporated into this Agreement constitutes the agreement between Trosky and the member regarding membership.

If any membership-specific provision is determined to be invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

21. MEDIA RELEASE & PHOTOGRAPHY

I grant Trosky the right to photograph, record, film, or otherwise capture my image, voice, likeness, or performance while at the Facility and authorize Trosky to use such materials for promotional, advertising, marketing, social media, commercial, or other legitimate business purposes without compensation, subject to applicable law.

Such authorization is intended to be worldwide, perpetual, and royalty-free to the extent permitted by law and applies to media now known or later developed.

Trosky may photograph or record Activities, events, programs, and Facility usage for marketing and promotional purposes. Guests acknowledge that they may appear in photographs or video recordings while at the Facility.

Guests who do not wish to appear in promotional materials may notify Trosky management.

22. SECURITY CAMERAS

I acknowledge that portions of the Facility may be monitored and recorded by video surveillance for safety, security, operational, investigative, and loss-prevention purposes.

23. FORCE MAJEURE

Trosky shall not be responsible for interruptions, delays, cancellations, or inability to provide services due to events beyond its reasonable control, including but not limited to severe weather, natural disasters, utility outages, government actions, public health emergencies, labor disputes, or other unforeseen circumstances affecting Facility operations.

24. ELECTRONIC SIGNATURES & DIGITAL ACCEPTANCE

I agree that electronic signatures, digital acknowledgments, online registrations, mobile application acceptance, and electronic execution of this Agreement shall have the same legal force and effect as an original handwritten signature to the extent permitted by law. Acceptance through Trosky's booking or registration platform may constitute electronic acceptance of this Agreement.

25. TEXAS LAW & VENUE

This Agreement shall be governed by and construed under the laws of the State of Texas. Any legal action arising out of or relating to this Agreement shall be brought in an appropriate state or federal court located in Texas, subject to applicable law and jurisdictional requirements. Nothing in this Agreement is intended to waive or limit a right or protection that cannot legally be waived under applicable law.

26. ENTIRE AGREEMENT & SEVERABILITY

This Agreement, together with any applicable membership plan, price, payment terms, benefits, commitment period, reservation terms, event agreement, or policies expressly incorporated into it, constitutes the agreement between Trosky and the individual regarding the matters addressed herein and supersedes prior agreements, understandings, representations, or warranties regarding those matters to the extent permitted by law.

For individuals who purchase memberships, the membership plan, price, benefits, payment schedule, and commitment period selected at enrollment are incorporated into this Agreement. For individuals who make event or private-Facility reservations, additional event-specific agreements may apply.

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

ACKNOWLEDGMENT & AGREEMENT

By signing or electronically accepting below, I acknowledge and agree that I have read and understand this Agreement and agree to comply with all applicable Trosky Sports Club policies, Facility rules, booking policies, cancellation policies, rental policies, event policies, safety procedures, and reasonable staff instructions.

I understand that failure to comply with applicable policies may result in suspension of privileges, removal from the Facility, cancellation of reservations, termination of membership when applicable, or additional fees when applicable.

I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING CERTAIN RIGHTS TO SUE, AND VOLUNTARILY AGREE TO BE LEGALLY BOUND BY ITS TERMS.

MEMBERSHIP ACKNOWLEDGMENT — APPLIES ONLY IF I PURCHASE A MEMBERSHIP

I UNDERSTAND THAT THE MEMBERSHIP TERMS IN SECTION 20 APPLY TO ME ONLY IF I PURCHASE OR ENROLL IN A TROSKY SPORTS CLUB MEMBERSHIP.

I UNDERSTAND THAT SIGNING THIS AGREEMENT AS A DAY-PASS HOLDER, GUEST, SPECTATOR, EVENT ATTENDEE, COURT-BOOKING CUSTOMER, OR OTHER NON-MEMBER DOES NOT ENROLL ME IN A MEMBERSHIP AND DOES NOT CREATE A MEMBERSHIP PAYMENT OR COMMITMENT OBLIGATION.

If I purchase a membership, I acknowledge that I have selected and agree to the applicable membership plan, price, payment schedule, benefits, and commitment period presented at enrollment.

If my selected membership contains a required commitment period, I understand that selecting monthly payments does not change the length of that commitment and that I remain responsible for the applicable commitment subject to the terms of this Agreement and applicable law.

I further understand that Trosky regularly hosts private and special events and that membership does not guarantee uninterrupted access to the Facility. All or portions of the Facility may be unavailable during private events, Facility buyouts, tournaments, or other special events as provided in this Agreement.

23:o9,3d:T7bf1,23:o7bf1,

TROSKY SPORTS CLUB

FACILITY AGREEMENT, RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, POLICY AGREEMENT, INDEMNIFICATION AGREEMENT,
MEDIA RELEASE, AND MEMBERSHIP TERMS

IMPORTANT — MEMBERSHIP TERMS

THE MEMBERSHIP-SPECIFIC PROVISIONS OF THIS AGREEMENT APPLY ONLY TO INDIVIDUALS WHO PURCHASE OR ENROLL IN A TROSKY SPORTS CLUB MEMBERSHIP.

1. ACTIVITIES

This Agreement applies whether I enter or use the Facility as a member, day-pass holder, guest, spectator, participant, event attendee, renter, customer, or otherwise.

2. ASSUMPTION OF RISK

I acknowledge that these risks may result in serious injury, illness, property damage, permanent disability, or death.

I certify that I am physically able to participate in the Activities and have no medical or physical condition that would make participation unreasonably dangerous.

I KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERS.

3. RELEASE AND WAIVER OF LIABILITY

This Release applies to claims for personal injury, illness, property damage, wrongful death, economic loss, or any other damages.

This Release does not apply to gross negligence, reckless conduct, or willful misconduct to the extent prohibited by Texas law.

4. INDEMNIFICATION

5. FACILITY RULES, CONDUCT & SAFETY REQUIREMENTS

Guests must treat staff, members, players, spectators, and visitors with courtesy and respect.

Unsportsmanlike conduct may result in removal from an Activity or the Facility.

6. CHILDREN & PETS

Children must be supervised and under control at all times. Parents and legal guardians assume responsibility for the conduct and safety of minors in their care while on the premises.

7. SPECTATORS & GUESTS

8. COURT, FIELD & OPEN PLAY POLICIES

9. BOOKING & CANCELLATION POLICY

To ensure fair court access and efficient scheduling for guests and members:

Cancellations made 24 or more hours before a reservation will not be charged.

Cancellations made within 24 hours of a reservation will be charged the full booking amount.

No-shows will be charged the full booking amount.

Weather-related cancellations determined by Trosky will not be charged.

Repeated late cancellations or no-shows may result in temporary suspension of booking privileges.

Trosky reserves the right to modify, relocate, delay, or cancel reservations due to weather, maintenance, safety concerns, special events, private events, or operational needs.

These booking cancellation terms are separate from and should not be confused with the Membership Cancellation Policy applicable only to members under Section 20.

10. EQUIPMENT RENTALS & PROPERTY RESPONSIBILITY

PADdLE RENTALS: Trosky may offer pickleball and padel paddle rentals. Lost, stolen, broken, damaged, or unreturned paddles may result in a replacement fee of up to $200.

TURF SHOE RENTALS: Lost, damaged, or unreturned turf shoes may result in a replacement fee of up to $50.

11. PERSONAL PROPERTY & PARKING

Lost-and-found items may be retained for a limited period before disposal or donation.

12. WEATHER CONDITIONS & WEATHER POLICY

Communication regarding weather-related impacts may be provided through email, phone, text message, social media, the Trosky booking platform, or other communication channels.

13. COMMUNICABLE DISEASES

14. MEDICAL CONSENT & INSURANCE

15. COLD PLUNGE & SAUNA POLICY

If recovery amenities such as cold plunges or saunas are made available by Trosky, guests utilize such amenities at their own risk.

16. ALCOHOL, SMOKING & DRUG POLICY

SMOKE-FREE FACILITY: Smoking, e-cigarettes, and use of tobacco products are prohibited inside the Facility and on Trosky property.

17. FOOD & BEVERAGE POLICY

18. EVENTS, PRIVATE BOOKINGS & THIRD-PARTY VENDORS

19. RIGHT TO REFUSE SERVICE, REMOVE INDIVIDUALS & SUSPEND PRIVILEGES

Policy violations;

Unsafe behavior;

Harassment or discrimination;

Property damage;

Illegal activity;

Failure to comply with reasonable staff instructions;

Non-payment, when applicable;

Misuse of Facility or membership privileges; or

Conduct reasonably determined to be detrimental to the safety, operations, or enjoyment of the Facility by others.

20. MEMBERSHIP TERMS

IMPORTANT: THIS ENTIRE SECTION APPLIES ONLY TO INDIVIDUALS WHO PURCHASE OR ENROLL IN A TROSKY SPORTS CLUB MEMBERSHIP.

20.1 MEMBERSHIP PLAN & COMMITMENT

The member agrees to the membership plan and commitment period selected at enrollment.

Memberships are personal to the member and may not be transferred, shared, or used by another individual.

20.2 PAYMENTS & BILLING

Membership dues will be charged according to the payment option selected at enrollment.

For memberships paid annually or in full, the applicable amount will be collected at enrollment and will cover the stated membership term.

Membership fees already processed are non-refundable except where otherwise required by law or expressly stated by Trosky.

20.3 MEMBERSHIP CANCELLATION

Membership cancellation requests must be made at least 30 days before the member's next billing date and submitted in person or by phone.

Membership fees already processed are non-refundable except where required by law.

Trosky reserves the right to suspend or terminate a membership due to non-payment, misconduct, policy violations, unsafe behavior, property damage, or misuse of membership or Facility privileges.

20.4 MEMBERSHIP ACCESS & BENEFITS

Membership provides access to the benefits included with the membership plan selected at enrollment.

Membership does not guarantee the availability of any particular court, field, amenity, program, open-play session, or area of the Facility.

20.5 PRIVATE EVENTS & FACILITY CLOSURES

Trosky will make reasonable efforts to provide advance notice of significant Facility closures or access restrictions when practical.

20.6 RESERVATIONS & BOOKING

All court and Facility reservations are subject to Trosky's current Booking & Cancellation Policy, including Section 9 of this Agreement.

Members are responsible for applicable reservation fees, guest fees, rentals, equipment charges, and other purchases or charges associated with their account.

Membership does not guarantee a reservation or court availability unless specifically included in the selected membership plan.

20.7 MEMBER GUESTS

Members are responsible for ensuring their guests comply with Trosky rules and policies.

Guests must complete any required Liability Waiver and pay applicable guest, Activity, or Facility fees before participating or using the Facility.

20.8 CLUB RULES & MEMBER CONDUCT

Members agree to follow all Trosky rules, policies, posted signage, safety requirements, and reasonable instructions provided by Trosky staff.

20.9 MEMBER EQUIPMENT & PROPERTY RESPONSIBILITY

Members are responsible for equipment rented, borrowed, or provided to them and may be charged for lost, damaged, or unreturned equipment in accordance with Trosky policies.

Members may also be responsible for damage to Trosky property resulting from misuse, negligence, or intentional conduct.

20.10 MEMBERSHIP PRICING & CHANGES

Trosky reserves the right to change membership pricing and make reasonable changes to membership benefits, operating hours, programming, scheduling, amenities, Facility access, and Club policies.

Trosky will provide members with advance notice before a change to their membership price takes effect.

20.11 FACILITY OPERATIONS AFFECTING MEMBERSHIP

Temporary changes, closures, or access restrictions do not automatically entitle members to refunds, credits, or membership extensions except where otherwise required by law.

20.12 LIABILITY WAIVER & CLUB POLICIES

Membership does not replace or supersede the liability, assumption-of-risk, Facility policy, safety, conduct, or other generally applicable provisions of this Agreement.

Members remain subject to all applicable portions of this Agreement when participating in Activities or using the Facility.

20.13 MEMBER INFORMATION & PAYMENT METHOD

Members are responsible for maintaining accurate account, contact, and payment information.

If a payment method is declined or becomes invalid, the member remains responsible for membership dues and other amounts properly owed under the membership.

20.14 MEMBERSHIP AGREEMENT

If any membership-specific provision is determined to be invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

21. MEDIA RELEASE & PHOTOGRAPHY

Such authorization is intended to be worldwide, perpetual, and royalty-free to the extent permitted by law and applies to media now known or later developed.

Guests who do not wish to appear in promotional materials may notify Trosky management.

22. SECURITY CAMERAS

I acknowledge that portions of the Facility may be monitored and recorded by video surveillance for safety, security, operational, investigative, and loss-prevention purposes.

23. FORCE MAJEURE

24. ELECTRONIC SIGNATURES & DIGITAL ACCEPTANCE

25. TEXAS LAW & VENUE

26. ENTIRE AGREEMENT & SEVERABILITY

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

ACKNOWLEDGMENT & AGREEMENT

MEMBERSHIP ACKNOWLEDGMENT — APPLIES ONLY IF I PURCHASE A MEMBERSHIP

I UNDERSTAND THAT THE MEMBERSHIP TERMS IN SECTION 20 APPLY TO ME ONLY IF I PURCHASE OR ENROLL IN A TROSKY SPORTS CLUB MEMBERSHIP.

If I purchase a membership, I acknowledge that I have selected and agree to the applicable membership plan, price, payment schedule, benefits, and commitment period presented at enrollment.

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