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Mogul Clubs 12-Month Membership Agreement

Version v1.3 · Effective October 20, 2026

Mogul Clubs 12-Month Membership Agreement

Version 1.3

1. Parties and scope

This Agreement is between the member named at sign-up (the "Member") and Mogul Flagship Inc., operating as Mogul Clubs (the "Company").

It applies to annual memberships, to monthly Founding Recreation memberships purchased with a 12-month initial commitment (Section 3.2A), and to legacy renewals where the Member expressly agrees to a new 12-month commitment. Standard monthly memberships, and monthly Founding Competition memberships, are month-to-month and are governed by the Membership Terms only.

This Agreement incorporates the Membership Terms, the Master Annual Participant Waiver, the Facility Code of Conduct, the Privacy Policy and the Booking & Cancellation Policy. Where this Agreement and the Membership Terms conflict, this Agreement governs the 12-month commitment it describes.

2. Membership, term and effective date

2.1 Club. The Member's club is the one selected at sign-up: Recreation, Competition or The A.M. (Active Mogul). Performance is not offered under this Agreement until separately approved.

2.2 Term. The term is twelve (12) months from the Membership Effective Date and is a binding 12-month commitment.

2.3 Membership Effective Date.

  • For a purchase made before November 1, 2026, the Membership Effective Date is November 1, 2026.
  • For a later purchase, it is the date payment is confirmed.
  • For a legacy renewal, it is the day after the Member's verified legacy expiry date.

2.4 Court access. Court access begins on the Membership Effective Date. The Member may reserve eligible court times in advance within their club's booking window. No court play takes place before November 1, 2026.

3. Fees, HST and payment timing

3.1 Fees. Fees are the published base rates at the time of purchase, before HST. Ontario HST (13%) is added to every charge.

3.2 Annual memberships. An annual membership is paid in advance for the term. A purchase made before November 1, 2026 is paid on the purchase date and next bills on November 1, 2027.

3.2A Monthly Founding Recreation (12-month commitment). A monthly Founding Recreation membership is paid monthly in advance at the Founding monthly rate, plus HST:

  • The first monthly payment is charged on the purchase date. For a purchase made before November 1, 2026, it covers November 1 to November 30, 2026, and the next payment is on December 1, 2026.
  • The Member commits to twelve (12) consecutive monthly payments from the Membership Effective Date (the initial commitment).
  • After the initial commitment, the membership continues month-to-month under Section 6.

3.3 Legacy renewals. For a legacy renewal under Section 5.3 (monthly):

  • Nothing is charged when the Member signs.
  • The first monthly payment is taken on the term start date, and monthly after that.

3.3A Legacy Founding annual purchase. For a legacy member who purchases a 12-month Founding membership under Section 5.4:

  • The full annual Founding fee, plus HST, is charged on the purchase date.
  • No further charge is made before the day after the 12-month term ends. From that date the membership continues month-to-month under Section 6, at the guaranteed Founding monthly rate, and the Member is notified at least three (3) days before the first monthly charge.

3.4 Payment method. The Member authorizes the Company to charge the saved payment method on each payment date under this Agreement.

3.5 Failed payments. Failed payments are handled under the Recovery Period in Membership Terms Section 8.3: seven (7) days.

4. Founding Rate Guarantee

4.1 Guarantee. For a Member who enrolled at a Founding rate, including through THE FIRST 100, the Founding base rate is guaranteed for the lifetime of continuous qualifying membership. This guarantee follows Membership Terms Section 2A.

| Situation | Founding rate | |---|---| | Continuous active membership | Kept | | Transfer to another Mogul Clubs location, same eligible membership product, where offered | Kept | | Approved membership pause under a published pause policy | Kept (no pause policy is currently in effect) | | Temporary payment failure, recovered within the Recovery Period | Kept | | Voluntary cancellation, then re-joining | Not kept; re-join at the then-current rate | | Change to a different membership product | Not transferred automatically |

4.2 Renewal. Renewal under Section 6 is at the guaranteed Founding base rate while the guarantee applies. No provision referring to the then-current rate overrides it.

4.3 THE FIRST 100. The offer is available to Recreation and Competition members who are either (a) new members or (b) legacy members purchasing a 12-month Founding membership under Section 5.4. It closes at 11:59 PM Toronto time on November 15, 2026, or when 100 Founding memberships are paid for, whichever comes first. The A.M. has no Founding rate. Founding memberships are offered as prepaid 12-month memberships under this Agreement (Section 3.2) or, for new members, as monthly memberships. A monthly Founding Recreation membership has a 12-month initial commitment under this Agreement (Section 3.2A). A monthly Founding Competition membership is month-to-month and is governed by the Membership Terms (including Section 2A), not by this Agreement. All Founding memberships use the same 100 Founding memberships and closing date.

5. Legacy members

5.1 Prepaid entitlement. A legacy member's verified prepaid entitlement is honoured through its verified expiry date. It is not shortened, converted or charged.

5.2 No automatic charges. A legacy member is never charged automatically for a renewal or an extension.

5.3 Voluntary monthly renewal. For a voluntary renewal:

  • Before agreeing, the Member is shown the exact new term start date, the price and the HST.
  • Nothing is charged at sign-up.
  • The Member authorizes, in writing, a charge of the stated amount on the term start date, and monthly after that.
  • The Member is notified three days before the first charge.
  • If that charge fails, the Recovery Period applies.

5.4 Voluntary Founding annual purchase (deferred activation). A legacy member whose prepaid entitlement is verified under Section 5.1 may purchase a 12-month Founding membership before that entitlement expires:

  • Before agreeing, the Member is shown the exact activation date (the day after the verified legacy expiry), the annual fee, the HST, the 12-month term dates, and the date and amount of the first month-to-month charge that follows the term.
  • The annual fee plus HST is charged on the purchase date (Section 3.3A).
  • The Member's existing prepaid entitlement is not shortened, converted or charged, and continues unchanged until its verified expiry date. The Founding membership begins on the activation date; the two never overlap and no period is charged twice.
  • The Founding base rate is protected from the purchase date under Section 4, provided the membership remains continuous from the activation date.
  • If the verified legacy expiry date is later corrected by the Company before the activation date, the activation date and term move with it, with no change to the amount paid; the Member is notified in writing.

6. Renewal

At the end of the 12-month term, the membership continues month-to-month, subject to applicable notice and consent requirements. It continues:

  • at the Founding base rate, while the guarantee applies; or
  • otherwise at the then-current rate, on at least thirty (30) days' notice.

7. Cancellation and early termination

7.1 Pre-opening. A membership purchased before November 1, 2026 and cancelled before that date is refunded in full, as set out in Membership Terms Section 7.3.

7.2 Early termination.

  • (a) This Agreement is a binding 12-month commitment.
  • (b) If the Member voluntarily terminates before the end of the term (for a monthly Founding Recreation membership, before the end of the initial commitment), an early-termination fee of fifty percent (50%) of the remaining unpaid membership dues for the term applies. The fee is shown to the Member before cancellation is confirmed.
  • (c) No early-termination fee applies where prohibited by law, or where the Member exercises an applicable statutory cancellation right.
  • (d) Medical, relocation or other hardship exceptions apply only where expressly defined in writing and approved by the Company.
  • (e) For a prepaid annual membership, this formula does not apply. Early termination of a prepaid annual membership is handled under the Company's annual refund provisions, so that no amount is double-charged or improperly withheld.
  • (f) This clause applies only to agreements signed on this version or later. It is never applied retroactively.
  • (g) No fee is charged until the contractual language, tax treatment and collection authorization have been approved.

7.3 Statutory rights. Any statutory cancellation or cooling-off right under applicable Ontario consumer protection law applies in addition to this Section.

7.4 Advance reservations. These are cancelled when a membership is cancelled or refunded before the Membership Effective Date, and the Member is notified.

7.5 Cancellation before activation (legacy Founding annual purchase). Where a Member has paid for a 12-month Founding membership under Section 5.4 and cancels before the activation date:

  • (a) the Company refunds the annual fee and HST in full to the original payment method within fifteen (15) business days; no early-termination fee applies; and
  • (b) the Founding membership, the Founding rate protection and the Member's place among THE FIRST 100 are released on cancellation.

Cancellation on or after the activation date is governed by Section 7.2 and the Annual Refund Provisions.

8. General

Governing law (Ontario), severability, entire agreement, notices, and electronic signature and records follow the Membership Terms.

Acceptance

The Member confirms they have read and agree to this Agreement, including the Founding Rate Guarantee where it applies. The acceptance record captures:

  • the Agreement version
  • the date and time
  • the IP address
  • the Member's typed name
  • for a Section 5.4 purchase, the annual fee and activation date shown