MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement”) is by and between Popstroke Daytona Beach, LLC (“Popstroke”) located at 1283 Cornerstone Blvd., Daytona Beach, FL 32117, and the undersigned member (“Member”). This Agreement is effective upon the later of (the “Effective Date”), the date of execution of this Membership Agreement by the Member and the date in which Popstroke receives Member’s first payment of the Membership Fees selected by the Member, or the date of execution by Popstroke.

MEMBERSHIP: Member selects the “Membership” type selected below:

____ Single Player Membership Monthly Membership Fee = $ 25.00 plus Sales Tax

____ Family Membership ______ Number of Family Members

List Names of Family Members: ________________________________________________________ (NOTE: Family Members are restricted to the names listed and are not transferable.)

Monthly Membership Fee per Family Member = $ 25.00 plus Sales Tax

Single Player and Family Membership Benefits:

Unlimited Mini-Golf for Single Member or identified Family Members if Family Membership; 20% Food and Beverage and Event Booking Discount; Merchandise 10% Discount; and Priority Seating – Front of Restaurant waitlist behind other Members already on waitlist. All Memberships are personal to the individual Member(s) and may not be assigned, transferred, changed or otherwise provided to another party.

TERM: Initial Membership Period: The minimum term for the Single Player Membership and Family Membership is three full months starting at the beginning of the period based on the Effective Date (“Initial Period”). The Membership is non-cancellable during the Initial Period and Member will pay Popstroke the entire Monthly Membership Fees due during the Initial Period.

Monthly Membership Period: After the Initial Period, the Single or Family Membership will automatically continue month to month.

Cancellation by Member: The Member may terminate during the Monthly Membership Period by providing Popstroke with 30-day prior written notice. Such 30-day cancellation notice shall be deemed effective on the day of the month following the expiration of the 30-day notice period and all payments due have been made to Popstroke. The Member will remain liable for payment of all charges prior to the effective date of cancellation. Until the Member provides written notice of cancellation via email or in person at the store, and is current on all payments at the time of the cancellation notice, the Member will continue to be charged the Monthly Membership Fees. Time is of the essence for the cancellation of Membership notice by the Member, which may be delivered in person at the Popstroke facility or via email to: MembershipTeam@Popstroke.com with the word “Cancellation” in the subject line.

Right of Recission: New Members have three days after signing this Membership Agreement to cancel their Membership without penalty. If the Membership Agreement is cancelled within the three day period from signing, Popstroke will return to the Member within 30 days all amounts paid. To cancel in the three day recission period, Members must inform Popstroke in writing by delivering written notice to the Popstroke facility or by emailing the recission notice to MembershipTeam@Popstroke.com with the term “3-day Recission” in the subject line of the email. Time is of the essence in providing notice. Suspension & Termination: Popstroke has the right to suspend or terminate any Membership for non- payment of fees or for behavior that detracts from the enjoyment of others patrons, staff or vendors or in violation of the Popstroke Rules and Regulations in the sole discretion of Popstroke.

AUTOMATIC PAYMENT: Monthly Membership payments must be made in advance by direct debit from the Member’s designated credit card, debit card, or bank account (“Member’s Account”). The Member is responsible to ensure that the account numbers on file with Popstroke are valid so that the membership fees can be successfully paid by the Member. The Member’s Account can be changed, provided that it is the Member’s responsibility to ensure there is a valid Member’s Account on file with Popstroke at the time any fees are charged. If any payment from the Member’s Account is declined, Popstroke may exercise any and all rights available whether under this Membership Agreement or under applicable law, which may include suspension of membership until such payment is made, and assessing a $25.00 late payment fee, and/or terminating this Membership Agreement. Popstroke reserves the right to review Memberships and their pricing periodically. Popstroke will provide advance notice of any change in the amount of an automatic payment. The Member shall complete the Payment Authorization Form electronically, authorizing and providing the required information for all Automatic Payments.

IV. MEMBERSHIP RULES AND REGULATIONS: Member acknowledges that this membership permits the Member to use Popstroke’s public facilities in accordance with the Popstroke Membership Rules and Regulations as may be amended from time to time. Member hereby acknowledges receipt of the Popstroke Rules and Regulations and agrees to abide by them. Membership is not an investment in Popstroke, and does not give a Member a vested right to use Popstroke’s facilities, or provide any equity, ownership or any other property interest in Popstroke. The Member only acquires a revocable license to use Popstroke’s public facilities. Popstroke reserves the right, in its sole discretion, to terminate or modify any type, class or category of the membership plans, or to discontinue operation of any part of the facility temporarily or permanently. This Membership Agreement shall be governed and construed in accordance with the laws of the state where the Popstroke facility subject to the Membership Agreement is located. The Member signing this Membership Agreement warrants that the Member has the authority to bind any all family members or other persons that are part of and will benefit from the terms of this Membership Agreement. The Member also warrants that the family members or other persons that are bound by this Membership Agreement have been provided all terms associated with their required conduct and Popstroke’s Rules and Regulations. Popstroke reserves the right to make changes to the Terms and Conditions, membership levels and benefits from time to time. A Member’s continued use of Popstroke facilities and amenities will be conclusive of acceptance of such changes. Any provision of this Membership Agreement which contemplates performance or observance subsequent to any termination of this Membership Agreement shall survive any termination of this Membership Agreement and continue in full force and effect. If any action, suit, or other proceeding is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party’s reasonable fees and expenses, including attorneys’ fees and expenses incurred in connection with such action. This section shall not be deemed to provide for the award of attorneys’ fees for personal injury, or non-contractual claims.

IN WITNESS WHEREOF, this Membership Agreement is executed on the dates set forth below. This Membership Agreement shall not be binding on Popstroke until executed by an authorized Popstroke representative.