This Membership Agreement ("Agreement") is made between Scratch Lab ("Scratch Lab," "we," "us," or "our") and the undersigned member ("Member," "you," or "your").

IMPORTANT: BY EXECUTING THIS AGREEMENT AND/OR ACTIVATING YOUR MEMBERSHIP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THE Scratch Lab TERMS OF SERVICE AND PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. YOUR SIGNATURE AND/OR USE OF MEMBERSHIP PRIVILEGES CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF ALL TERMS.

1. Membership Tiers and Benefits
‍Scratch Lab offers various membership tiers, each with a specific set of benefits, limitations, and fees. The details of your selected membership tier (including but not limited to the type of membership, monthly fees, included hours of simulator use, and other privileges) are outlined in the separate Membership Enrollment form, which is executed concurrently with this Agreement and forms an integral, legally binding part of this Agreement. Membership benefits are personal, non-transferable, and may only be used by the named Member. Under no circumstances may a Member sell, assign, or transfer their membership rights, privileges, or benefits to any other individual or entity. We reserve the right to modify or terminate any membership tier, its associated benefits, or the pricing at any time upon sixty (60) days' written notice to the Member. Any such change will be effective at the start of the next Renewal Term following the notice period.

‍2. Term and Renewal
‍This Agreement commences on the date of execution and shall continue for an initial term of one (1) month, or as otherwise specified in your Membership Enrollment form ("Initial Term"). This Agreement is a binding contract for the entire duration of the Initial Term. The Agreement will automatically and continuously renew for successive one (1) month periods (each a "Renewal Term") unless you provide written notice of non-renewal to Scratch Lab at least thirty (30) days prior to the end of the Initial Term or any subsequent Renewal Term. This is an evergreen contract, and you will continue to be billed automatically for Dues until such time as you provide proper written notice of cancellation. Failure to provide timely notice of non-renewal will result in the automatic renewal of your membership and you will be responsible for all Dues for the subsequent Renewal Term.

‍3. Fees and Payment
‍a. Membership Dues: The Member agrees to pay the recurring membership dues ("Dues") as specified in the Membership Enrollment form. These Dues are billed on a monthly basis, or on a different cycle if specified in your enrollment form, to the payment method on file. You are responsible for keeping your payment information up to date and valid. Dues and fees are subject to change upon sixty (60) days' written notice to you.
b. Payment Authorization: By executing this Agreement, you provide us with a standing, irrevocable authorization to automatically charge your designated payment method for all Dues, fees, and any other charges incurred by you in connection with your membership. This includes but is not limited to initiation fees, late fees, no-show fees for lessons, and any costs incurred by Scratch Lab for property damage caused by you or your guests. This authorization remains in effect until the Agreement is terminated in accordance with its terms. You are responsible for all bank and credit card charges associated with any declined payments.
c. Non-Refundable: All Dues and fees, including any initiation fees or prepaid amounts, are strictly non-refundable and non-transferable, regardless of your personal usage or non-usage of the facility and its benefits. This policy is necessary because your membership reserves a portion of our facility's capacity for you, and we incur administrative and operational costs regardless of your attendance.
d. Late Fees and Suspension: If any payment of Dues or fees is not received by the due date, Scratch Lab reserves the right to immediately suspend your membership privileges and charge a late fee of ten dollars ($10.00) or the maximum amount permitted by California law, whichever is less. If a payment remains past due for more than thirty (30) days, we may terminate your membership without a refund of any prepaid Dues.

‍4. Member's Cancellation and Scratch Lab's Termination Rights
‍a. Member's Cancellation: You may cancel your membership by providing a clear and unequivocal written notice of non-renewal to Scratch Lab at least thirty (30) days before the end of the then-current term. For example, if your term ends on the 30th of a given month, your notice must be received by us no later than the 30th of the previous month. The cancellation will become effective at the conclusion of that specific term, and you will remain responsible for all Dues incurred up to the effective cancellation date. We do not provide prorated refunds.
b. Termination by Scratch Lab: Scratch Lab reserves the absolute and unilateral right to terminate this Agreement and your membership immediately for any reason, including but not limited to: a violation of this Agreement, the Scratch Lab Terms of Service, or any facility rules; failure to make timely payments; fraudulent activity (such as sharing your membership card or using a fraudulent payment method); unsafe or dangerous conduct (e.g., reckless swinging of clubs, intoxication, or aggression); or any action deemed detrimental to the safety and well-being of other patrons or staff. In the event of a termination due to your violation of these terms, no refunds for any prepaid Dues or fees will be provided.

‍5. Rules and Regulations
‍The Member agrees to strictly abide by all of Scratch Lab's facility rules, policies, and regulations, as well as the Scratch Lab Terms of Service, which are expressly incorporated by reference and form a material part of this Agreement. The Member agrees that usage of the facilities are limited to two hours per day and are restricted to Member and one guest. Any breach of these rules or the Terms of Service constitutes a material breach of this Agreement, entitling Scratch Lab to all remedies available at law or in equity, including but not limited to the immediate termination of your membership. It is your responsibility to be aware of and comply with all rules, which may be posted on our premises or on our website.

‍6. Waiver of Claims, Limitation of Liability, and Indemnification
‍You hereby reaffirm, re-execute, and agree to all provisions of the Scratch Lab Terms of Service regarding the Waiver of Claims, Limitation of Liability, and Indemnification. You agree that Scratch Lab is not responsible for any personal injuries, property damage, or other losses you may incur while using our facilities. This waiver and limitation of liability is intended to be as broad as possible under California law. It does not apply to claims for gross negligence, willful injury to you or your property, or fraud as provided by California Civil Code §1668.

‍7. Dispute Resolution and Governing Law
‍All disputes, claims, or controversies arising out of or related to this Agreement or your membership shall be resolved in accordance with the Dispute Resolution and Governing Law provisions of the Scratch Lab Terms of Service, including the mandatory arbitration and class-action waiver clauses. This Agreement is governed by the laws of the State of California, without regard to its conflict of law principles.

‍8. General Provisions
‍This Agreement, together with the Membership Enrollment form, Scratch Lab's Terms of Service, and Privacy Policy, constitutes the entire and sole agreement between the parties with respect to your membership. This Agreement supersedes all prior agreements, understandings, and representations, whether oral or written. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. The failure of Scratch Lab to enforce any right or provision shall not be deemed a waiver of such right or provision. You may not assign your rights or obligations under this Agreement without our prior written consent.

Acknowledgment & Agreement
‍By using our services and premises, I acknowledge that such usage is the equivalent to a digital signature, and that I have read, understood, and agree to the terms set forth in this agreement. I further acknowledge that I am at least 18 years of age and that I am voluntarily entering into this agreement of my own free will.