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Mogul Clubs Membership Terms

Version v1.2 · Effective October 10, 2026

Mogul Clubs Membership Terms and Conditions

Version 1.2

Parties

These Terms govern the membership relationship between the member identified at signup (the "Member") and Mogul Flagship Inc. ("the Company"), operating under the Mogul Clubs brand. References to the "Released Parties" mean Mogul Flagship Inc., Mogul Clubs, Mogul Clubs Oshawa, Frontcourt.ai, Mogul Sports Network, and their respective officers, directors, employees, contractors, agents, affiliates, successors, and assigns.

1. Membership Benefits

Membership grants the Member access to Mogul Clubs facilities, court-booking privileges, training resources, member-only events, and other benefits as described in the Member's selected membership, subject to these Terms.

2. Membership Categories

Mogul Clubs offers the Recreation, Competition and The A.M. (Active Mogul) memberships, and the Performance membership when offered. Benefits, booking windows and published prices are listed on mogulclubs.com. Published prices are before tax; Ontario HST (13%) is added to every charge.

A Founding rate is available to new members only through a Founding offer announced by the Company (such as THE FIRST 100), and only on that offer's terms. Founding rate protection is governed by Section 2A.

Standard monthly memberships are month-to-month. Annual memberships, and legacy renewals where the Member expressly agrees to a new 12-month commitment, are also governed by the 12-Month Membership Agreement.

2A. Founding Rate Protection

2A.1 Protection. A Member who enrolled at a Founding rate keeps that Founding base rate for the lifetime of continuous qualifying membership. "Base rate" means the price before tax for the same membership product. This protection applies despite any other provision of these Terms that refers to renewing at the then-current rate.

2A.2 Continuous membership. A membership remains continuous where:

  • (a) it remains active and in good standing;
  • (b) a payment fails but is recovered within the Recovery Period in Section 8;
  • (c) it is paused under a pause policy the Company has published (no pause policy is currently in effect; see 2A.5); or
  • (d) it is transferred to another Mogul Clubs location for the same eligible membership product, where the Company offers that product at the new location.

2A.3 End of protection. Protection ends, and does not revive, if:

  • (a) the Member voluntarily cancels (re-joining later is at the then-current public rate);
  • (b) a failed payment is not recovered within the Recovery Period; or
  • (c) the Company terminates the membership for cause under Section 6.

2A.4 Changing membership products. Founding protection does not transfer automatically when a Member moves to a different membership product (for example, from Recreation to Competition). The new product is at its then-current rate unless the Company agrees otherwise in writing.

2A.5 Pauses. Membership pauses are not available until the Company publishes a pause policy. Any future pause policy will state whether, and for how long, a pause keeps Founding protection.

2A.6 Exclusions. Founding protection does not cover taxes (changes in HST pass through) or optional services, programs, guest fees and add-ons. The Company will give at least thirty (30) days' notice before material changes to club membership benefits, subject to contractual and statutory requirements. The protected base rate does not increase.

2A.7 Existing terms. Founding members and legacy members enrolled before these Terms keep their existing contractual terms where those are more favourable.

3. Booking Policies

Members may book courts and sessions through Frontcourt.ai subject to availability, advance-booking limits, peak/off-peak distinctions, and cancellation windows as published. The Company may modify booking windows, court allocation, and prime-time rules to manage demand.

4. Court Access Rules

Court access is subject to facility hours, scheduled programming, maintenance closures, and the Mogul Clubs Facility Code of Conduct. Members must check in via the Frontcourt.ai access system on arrival.

5. Guest Policies

Members may bring guests subject to per-membership guest allowances and posted guest fees. Each guest must execute the Master Annual Participant Waiver before participating. Members are responsible for guest conduct on the premises.

6. Suspension and Termination by the Company

The Company may suspend or terminate membership for: non-payment; material breach of these Terms or the Code of Conduct; conduct that endangers the safety of any person; or any conduct that materially harms the reputation or operation of the facility. Termination for cause may be without refund. Termination without cause is on thirty (30) days' written notice with pro-rata refund of unused prepaid dues.

7. Member-Initiated Cancellation

7.1 Monthly memberships. The Member may cancel a standard monthly membership at any time through their account or in writing. Cancellation takes effect at the end of the current paid billing period. The Member keeps access until then and is not billed again.

7.2 12-month commitments. Cancellation of a membership governed by the 12-Month Membership Agreement is subject to that agreement's early-termination provisions.

7.3 Pre-opening purchases. A membership purchased before November 1, 2026 and cancelled before that date is refunded in full, including the entire prepaid membership payment and HST. Any advance court reservations are cancelled, and the Member is notified.

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

7.5 Founding protection. Cancellation ends Founding protection (Section 2A.3).

8. Payment Terms

8.1 Billing in advance. Membership dues are billed in advance on the elected cycle (monthly or annual) to the payment method on file.

8.2 Pre-opening purchases. For a purchase made before November 1, 2026: the first period is paid on the purchase date; the membership starts November 1, 2026; no charge is made on November 1, 2026; monthly memberships next bill on December 1, 2026, and annual memberships next bill on November 1, 2027.

8.3 Recovery Period. If a payment fails, the Company will notify the Member and retry the payment during a Recovery Period of seven (7) days. Access may be suspended during the Recovery Period, and Founding protection is kept during it. If the payment is not recovered, the membership may be cancelled.

8.4 Fees. Returned-payment fees and late-payment charges may apply as published.

9. Renewal Terms

9.1 Memberships renew automatically on each renewal date unless cancelled under Section 7.

9.2 Renewals are at the then-current published rate, except where a rate guarantee applies, including Founding Rate Protection under Section 2A, which always prevails.

9.3 Any change to a rate that is not protected will be communicated at least thirty (30) days in advance.

9A. Legacy Members

9A.1 A legacy member's verified prepaid entitlement is honoured through its verified expiry date.

9A.2 Legacy members are never charged automatically for activation, renewal or extension.

9A.3 Voluntary renewal. A legacy member may choose a new term. If they do: (a) the new term starts the day after the verified legacy expiry, and terms never overlap or duplicate a paid period; (b) nothing is charged when the member signs up; (c) the member gives explicit authorization for the first payment, which is taken on the term start date, and monthly after that; and (d) the member is notified before the first payment.

10. Facility Closures

The Company may close facilities for maintenance, programming, private events, force majeure, or any other operational reason. Reasonable advance notice will be provided where practicable. Routine closures do not entitle the Member to credits; extended closures may, at the Company's discretion.

11. Member Conduct

The Member agrees to comply with the Mogul Clubs Facility Code of Conduct, the Master Annual Participant Waiver, and all applicable policies.

12. Limitation of Liability

To the fullest extent permitted by law, the aggregate liability of the Released Parties under or in connection with these Terms is limited to the amount of dues paid by the Member to the Company in the twelve (12) months preceding the event giving rise to the claim. The Released Parties shall not be liable for indirect, incidental, consequential, special, or punitive damages.

13. Privacy and Data Usage

The Member's personal information is collected, used, and disclosed in accordance with the Mogul Clubs Privacy Policy.

14. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. The parties attorn to the exclusive jurisdiction of the courts of Ontario.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.

16. Modification

The Company may modify these Terms on thirty (30) days' prior notice. Continued use of the membership after the effective date of a modification constitutes acceptance. No modification may reduce Founding Rate Protection already granted under Section 2A.

17. Entire Agreement

These Terms, together with the Master Annual Participant Waiver, the Mogul Clubs Facility Code of Conduct, the Privacy Policy, the 12-Month Membership Agreement where it applies, and any membership-specific schedule, constitute the entire agreement between the Member and the Company.

Acknowledgement

By purchasing or renewing a Mogul Clubs membership, the Member acknowledges they have read, understood, and accept these Membership Terms.