Membership Agreement and Application

THUNDER CANYONYour Course

MEMBERSHIP AGREEMENT AND APPLICATION

This Membership Agreement and Application (the “Membership Agreement”) is entered into at Washoe Your County, NevadaYour State, as of ______, 2______between LB Acquisitions, L.L.C.Your Company, and/or its assigns (“Owner”), the Owner of Thunder CanyonYour Course (the “Club”), and/or its assigns, The Lightning Block CompanyYour Course (“Operator”) and ______(the “Applicant”). Unless otherwise defined in this Membership Agreement, or the context hereof otherwise requires, all capitalized terms appearing herein shall have the meanings ascribed to them in the Membership Bylaws and the Rules and Regulations.

1. Agreement to Purchase Membership. Applicant agrees to purchase the following category or categories of membership in the Club (“Membership”):

The Application is for a:  New Applicant  Membership Upgrade  Membership Downgrade

The Membership Category applied for: Annual Membership Invitational Membership

 Platinum Membership Mulligan Membership Corporate Platinum Membership

 Platinum Membership Legacy Membership SeasonShare Membership  Corporate Platinum Platinum AffiliateMembership

 Gold Membership SummerShare Membership  Corporate Gold Membership

 Legacy Membership Corporate Gold Membership

 Gold Membership Seasonal Membership

Reunion MembershipAnnual Membership WinterSummerShare Membership  Corporate Gold Affiliate

 WinterShare

2.Benefits and Privileges of Membership. Members are entitled to the specific benefits and privileges of their respective class of Membership as set out in the Membership Bylaws, as amended from time to time in the sole and absolute discretion of Owner.

3.Initiation Initiation or Affiliate Fee and , Monthly or Annual DuesDues, and Monthly Food and Beverage Minimums.. The fee payable by Applicant to the Club (the “Initiation Fee”) or (the “Affiliate Fee”) in accordance with the category of Membership being applied for, and the monthly dues (the “Dues”) and the monthly food and beverage minimums (the “Minimums”) are as follows:

Membership Category / Initiation/Affiliate Fee / Monthly Dues / Trail Fee/Annual
Platinum Membership / $$ / $$ / $$
Legacy Membership / $$ / $$ / $$
Gold Membership / $$ / $$ / $$
Annual Membership / $$ / $$ / $$
Reunion Membership / $$ / $$ / $$
Mulligan Membership / $$ / $$ / $$
SummerShare Membership / $$ / $$ / $$
WinterShare Membership / $$ / $$ / $$
Corporate Platinum Membership / $$ / $$ / $$
Corporate Platinum Affiliate / $$ / $$ / $$
Corporate Gold Membership / $$ / $$ / $$
Corporate Gold Affiliate / $$ / $$ / $$
Invitational Membership / $$ / $$ / $$
* Initiation or Affiliate Fee has limited refundability
** Trail Fee is waived until completion of Sports Facility

Initiation FeeDues Minimums

Platinum Membership

Gold Membership

Annual Membership

Legacy Membership

Corporate Platinum Membership

Corporate Gold Membership

Seasonal SummerShare Membership

Seasonal WinterShare Membership

The Initiation or Affiliate Fee shall be payable upon acceptance of the Applicant for Membership in the Club. Owner may require that a deposit in the amount of all or any part of the applicable Initiation Fee shall be paid by the Applicant at the time an application for Membership is made. Depending upon the category of Membership selected, a portion of the Initiation Fee may be refundable, as set forth in the Membership Bylaws. The Dues and Minimums are payable in accordance with the provisions of the Membership Bylaws and Rules and Regulations. All pricing is before applicable taxes.

Applicant acknowledges that Owner shall have the right to increase or decrease the amount of Dues, Minimums, and the Initiation or Affiliate Fee for each category of Membership in the Club from time to time. Any such increase or decrease in the Dues or Minimums shall be effective of such date or dates as may be specified by Owner.

Each Member’s obligation to pay the Dues and Minimums as set forth above,above shall commence on the date of written notice from Owner that Applicant has been accepted to become a Member of the Club. In the event that acceptance takes place on a day other than the first day of a month, the Dues and Minimums for such month shall be prorated.

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If this Membership has charging privileges, payment of account is due in full upon receipt of the monthly statement and must be received at the Club (not merely postmarked) by the last day of the month in which the statement is mailed. Applicant agrees to pay the account when due. Applicant agrees that Owner may assess a late charge for past-due accounts as provided in the Membership Bylaws, as amended from time to time. Applicant must complete information necessary to process payment of account through Electronic Funds Transfer. Applicant further agrees to maintain two (2) current credit card accounts in Applicant’s name on file with Club at all times. In the event Applicant’s account is more than sixty (60) days past due, Owner shall have the right to bill such past due amounts to Applicant’s credit card. Payments on delinquent accounts apply first to reduce late charges and accrued dues and,next to food and beverage charges, then to any other charges. Dues and other Club charges are considered luxuries under all applicable laws. Applicant agrees to pay all reasonable attorney fees, investigator fees, and costs in the event this account is turned over for collection.

4.Membership Selection. Owner shall have the right, in its sole and absolute discretion, to accept or decline any application for Membership in the Club. Decisions regarding Club Membership shall be made by Owner without regard to race, color, national origin, sex, religious preference, creed, or any disabilities of the Applicant. Owner shall notify the Applicant in writing of its decision to accept or decline an application for Membership in the Club; however, Owner shall not be required to provide reasons for its decision. If an Applicant’s application for Membership is denied, the deposit or fees submitted by such Applicant shall be fully refunded, and such Applicant may not be further considered for Membership in the Club for a period ending one (1) year following the declination.

5.Restrictions on Transfer of Membership. Applicant acknowledges and agrees that unless transfer privileges are specifically granted in the Membership Bylaws for a category of Membership, the Memberships in the Club are nontransferable.

6.No Ownership or Right to Participate in Management. Applicant hereby acknowledges and agrees that Membership in the Club does not include (i) any ownership or other proprietary interest in any of the assets of the Club; (ii) any right to receive or participate in the earnings of the Club; or (iii) any voting rights or any right to participate in the management of the Club. Applicant acknowledges and agrees that Membership in the Club grants only a revocable license in favor of the Member, the Member’s Family, and the Member’s guests, to use the Facilities, in accordance with the terms and conditions of this Membership Agreement, the Membership Bylaws, and the Rules and Regulations, as same may be amended from time to time in the Owner’s sole discretion.

Applicant acknowledges and agrees that Owner reserves the right, in its sole and absolute discretion, to terminate memberships in the Club, to discontinue operation of any or all of the Facilities, to sell or otherwise dispose of the Facilities in any manner, and to make any other changes to the terms and conditions of Membership or use of the Facilities.

7.Rules and Regulations and Membership Bylaws. Applicant hereby acknowledges receipt of copies of the Rules and Regulations and Bylaws for the Club, and hereby agrees to be bound by the terms and conditions of each such document, as each may be amended or modified from time to time.

8.No Hypothecation or Pledge of Membership. Applicant hereby acknowledges and agrees that upon the issuance of the Membership to Applicant, Applicant may not hypothecate, pledge or otherwise encumber the Membership subscribed for herein, whether voluntarily or involuntarily, and that any attempt to do so shall be void and of no force or effect.

9.Guaranty. Applicant agrees to be responsible for all Dues, Minimums and other charges at any time incurred by the Applicant, the Applicant’s Family and guests. By executing this Agreement, Applicant unconditionally and irrevocably guarantees the full and timely payment of any Dues, Minimums and charges or other sums which may become payable to the Club by Applicant, and by the Applicant’s Family and guests. In the event Applicant fails to timely pay any applicable Dues, Minimums, charges or other sums with respect to the Membership, Applicant may become subject to suspension or expulsion from the Club, pursuant to applicable provisions contained in the Rules and Regulations.

10.Resignation. Applicant hereby acknowledges and agrees that a Member who does not wish to transfer, or is not permitted to transfer his or her Membership pursuant to the Membership Bylaws, may resign from the Club at any time, but no resignation shall be effective until any unpaid financial obligations to the Club have been settled. Resigned Members remain liable for all dues and charges accrued up to the effective date of resignation. All resignations must be in writing, sent by certified mail, at least thirty (30) days prior to the effective date of resignation. Payment of all Dues, club storage and locker fees are due and payable in advance and, upon resignation of any Member, are not refunded on a pro rata basis or otherwise unless at least thirty (30) days written notice of such resignation is provided. The resigning Member shall not be subject to any further dues or other charges subsequent to the effective date of resignation, unless the Member’s Membership has transfer privileges and is placed on a resigned list, in which event the provisions of the Membership Bylaws regarding transfer shall apply.

11.Divorce. Applicant hereby acknowledges and agrees that in the event of a personal divorce or legal separation of a Member, the Membership is not divisible and shall be awarded to one (1) spouse in accordance with the written separation agreement or divorce decree. In the absence of a written separation agreement or divorce decree, the Membership shall continue in the name of the principal Member as set forth on this Agreement.

12.Death. Applicant hereby acknowledges and agrees that upon the death of a Member, the Membership may be transferred to the Member’s surviving spouse, according to the terms and conditions regarding transfers upon death contained in the Membership Bylaws. Upon the death of a Platinum Member or Gold Member and such Member’s surviving spouse, or if a deceased Member is not survived by a spouse, the Membership may not be transferred to any heir or other person named in a will or bequest, and the estate shall have no interest in the Membership, except for a Membership which may be transferred in accordance with the terms and conditions of the Membership Bylaws. Upon the death of a Platinum Member, Founding Member or Gold Member, when the membership is not transferred to such Member’s surviving spouse as provided herein, the following individual will be entitled to receive, if the membership is in good standing and the Initiation Fee has been paid in full at the time of the deceased Member’s death, a refund in accordance with the terms and conditions set forth in the Membership Bylaws:

Designated Beneficiary for payment of Refund: ______Relationship_ Relationship:_: ______

13.Indemnification and Assumption of Risk. By executing this Agreement, Applicant hereby agrees to indemnify, defend and hold Owner and Operator (and their respective owners, directors, partners, officers, operators, employees and other agents) harmless from and against any and all liabilities, costs (including reasonable attorney’s fees), claims, demands or damages incident to or arising out of or relating to the acts or omissions of Applicant, their Family or guest(s), and their respective use or occupancy of the Facilities. In addition, by executing this Agreement, Applicant hereby voluntarily assumes all risks of accident or damage to Applicant’s person or property, and the person or property of Applicant’s Family and guests, arising out of or relating to the use or occupancy of the Facilities.

14.Assignment. Unless expressly permitted under Section 5 or Section 12 of this Agreement, Applicant shall not be permitted to assign or in any way transfer Applicant’s rights or obligations under this Agreement. Owner shall have the right to assign its rights and obligations under this Agreement, and this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their permitted successors and assigns.

15.Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, are superseded hereby and merged herein. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements have been made, orally or otherwise, by any party, or anyone acting on behalf of any party, which are not embodied herein.

16.Severability. The parties hereto agree that if any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, against public policy, or otherwise unenforceable for any reason whatsoever, the remaining provisions of this Agreement shall remain if full force and effect.

17.Attorney’s Fees. In the event of any legal action including, without limitation, arbitration, between the parties regarding the subject matter of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to court costs and other expenses incurred in said legal or arbitration action, regardless of whether such legal action is prosecuted to judgment. “Prevailing Party” within the meaning of this Agreement includes, without limitation, a party who agrees to dismiss an action upon the other’s payment of the sums allegedly due, or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it in the action.

18.Governing Law. This Agreement shall be construed, performed and enforced in accordance with the laws of the State of Nevada.

19.Arbitration. Any controversy, dispute, or claim between or among Applicant, any Member, the Club or Owner shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in the arbitration shall, in addition to such other relief as may be granted by the arbitrator, be entitled to a reasonable sum as and for such party’s costs and expenses incurred, including attorney’s fees. Arbitration shall be the sole and exclusive remedy in the event any such controversy, dispute or claim shall arise.

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Applicant Information

Name______Social Security No.______Birth date______

Spouse’s Name______Social_ Social Security No.______Birth date______

Anniversary date ______Email Address ______

Dependent’s Name(s): Birth date(s)

______

______

______

______

Mailing Information

StatementsHomeNewsletter and OtherHome

BusinessBusiness

Home

Street Address______

City______State______Zip______Phone______

Previous Home Address (if less than one year)_) ______

Business

Name______Position______

Type of Business ______

Street Address ______

City______State______Zip______Phone Number______Fax Number______

Spouse’s Business

Name______Position______

Type of Business ______

Street Address ______

City______State______Zip______Phone_ Phone Number______Fax Number______

Personal References

NameBusiness Phone

______

______

______

Member Sponsor

NameBusiness Phone

______

______

______

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Other Club Affiliations

Name of Club City, State Length of Membership

______

______

______

-Bank Reference

Bank Name______Address______

Credit References

Account Name Account Number

______

______

______

Credit Card Information

Account Type______Account Number______Expiration Date______

Account Type______Account Number______Expiration Date______

I hereby authorize Owner to investigate my credit history to whatever extent it deems necessary in order to evaluate this application.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above.

______

Applicant SignatureSpouse Signature

Application Received by______Date______

Owner hereby acknowledges acceptance of the foregoing Membership Agreement and Application.

By: ______

Title: ______

Date: ______

Corporate Membership Addendum

(To be completed only if application is for Corporate Membership)

Corporate Memberships are held by an Authorized Corporation (which is considered to be the “Applicant” for all purposes). A designee (the “Designee”)or affiliate (the “Affiliate”) named by the Applicant as the person entitled to use the membership and shall include only bona fide employees, directors, or officers of the Applicant (Applicantthe “Designee”). The Designee or Affiliate may be changed by the Applicant as set forth in the Membership Bylaws. As a duly authorized officer of the Applicant, the undersigned officer certifies and agrees that said corporation is jointly and severally liable, along with the Designee, for all dues and charges incurred by its Designee and guests.

Name of the Corporate Member______

DBA______

Address______

City______State______Zip______

Type of Business______SIC Code______FEIN______

Authorized Officer Name

______Title______Date______

(Authorized Officer’s Signature)______Date______

Designee Name______Title______

Designee’s Signature______Title______Date______

(Designee’s Signature)

Affiliate Name______Title______

Affiliate’s Signature______Date______

If application is for a change of the Designee or Affiliate, the Corporation and Designee or Affiliate must complete the following. Additionally, the new Designee or Affiliate must complete a new Membership Application.

Previous Corporate Designee______Membership_ Membership Number______

New Designee Name______New Membership Number______

New Designee’s Signature______Title______Date ______

Previous Corporate Affiliate______Membership Number______

New Affiliate Name______New Membership Number______

New Affiliate Signature______Title______Date______

(New Designee’s Signature)

Authorized Officer Name______Title______

Authorized Officer’s Signature______Title______Date______

(Authorized Officer’s Signature)

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