Terms of Service for Submersive Founding Circle Membership

SUBMERSIVE FOUNDING CIRCLE MEMBERSHIP

SUBMERSIVE FOUNDING CIRCLE MEMBERSHIP
TERMS OF SERVICE

Effective Date: April 20, 2026
Last Updated: April 20, 2026

These Terms of Service ("Agreement") govern your purchase of a Founding Circle Membership ("Membership") from Submersive Austin Operating LLC ("Submersive," "we," "us," or "our"). By completing your purchase, you agree to be bound by this Agreement.

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1. ABOUT YOUR MEMBERSHIP

The Founding Circle Membership is a pre-sale, annual membership to Submersive, an immersive wellness facility to be located in Austin, Texas. You are purchasing your Membership before the facility has opened to the public. Your Membership term begins on the date of grand opening, not the date of purchase.

Submersive is a club with patron membership. Membership does not entitle members to unlimited access. You are joining as an early co-builder of a new kind of wellness experience.

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2. MEMBERSHIP TERM

Your Membership term is twelve (12) months, beginning on the date Submersive officially opens to the public (the "Grand Opening"). The Grand Opening date is subject to change due to construction, permitting, and other factors outside Submersive's control. No specific opening date is guaranteed. Your Membership benefits are not available until the Grand Opening.

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3. FOUNDING CIRCLE BENEFITS

Your Founding Circle Membership includes the following benefits during each membership year:

MEMBER ACCESS

• 2 Anytime Passes — Each pass entitles you to one (1) two-hour session at Submersive during any operating hours. Sessions may be extended beyond two hours, subject to availability and additional fees at prevailing rates.

• 2 Weekday Passes — Each pass entitles you to one (1) two-hour session during weekday operating hours (Monday through Thursday). Sessions may be extended, subject to availability and additional fees at prevailing rates.

• 2 Weekday Guest Passes — Each pass entitles one (1) guest to a single two-hour weekday session (Monday through Thursday). Sessions may be extended, subject to availability and additional fees at prevailing rates.

• 2 Anytime Guest Passes — Each pass entitles one (1) guest to a single two-hour session during any operating hours. Sessions may be extended, subject to availability and additional fees at prevailing rates.

• Priority Booking — Founding Circle members may book sessions fourteen (14) days in advance of general public availability.

MEMBER BENEFITS

• Members-only programming, including special events, activations, and experiences designated exclusively for members.

• 30% discount on off-peak day passes purchased at prevailing rates.

• 10% discount on food and beverage, retail purchases, and anytime passes purchased at prevailing rates.

FOUNDING CIRCLE EXCLUSIVE BENEFITS

• Annual membership price locked for life (see Section 5).

• Invitation to the VIP Soft Opening event.

• Four (4) Founders Circle events per membership year.

• Invitation to a soft opening, behind-the-scenes event with the Submersive founding team.

• Special Edition Founders Keychain-Medallion, designed by a Submersive artist and made locally in Austin.

• For the first 150 Founding Circle members: a private building tour and vision deep-dive with Submersive co-founder Corvas Brinkerhoff (three sessions of approximately 50 people each, scheduled for May 2026; registration required by May 9, 2026).

• Founding Circle invite codes: upon completing your purchase, you will receive invite codes for up to seven (7) individuals to join as Founding Circle members, subject to availability.

• Permanent display of your name at the Austin location (see Section 6).

PASS TERMS

All passes are non-cumulative and expire at the end of the membership year in which they are issued if unused. Passes are for your personal use unless designated as guest passes. Submersive reserves the right to update scheduling, programming, and operational hours, provided that core member benefits are maintained.

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4. PAYMENT AND REFUND POLICY

Membership fees are charged in full at the time of purchase. All sales are final. Submersive does not offer refunds on Founding Circle Memberships.

In the event you are unable to use your Membership after the Grand Opening, the remaining value of your membership fee paid may, at Submersive's discretion, be credited toward day passes at then-current prevailing rates. To request a credit, contact us at member@submersive.com.

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5. PRICE LOCK

Your annual renewal rate will not increase above the price you paid at the time of your initial purchase, provided your Membership remains in continuous good standing (renewed without a lapse of more than thirty (30) days). This price lock applies to your base annual Membership rate only. It does not apply to pass upgrades, event tickets, food and beverage, retail purchases, or other ancillary charges.

Submersive reserves the right to modify the scope of Membership benefits over time, but will not materially reduce the core benefit stack without reasonable advance notice to members.

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6. PERMANENT NAME DISPLAY

As a Founding Circle member, your name — or a name you designate at the time of purchase — will be permanently displayed at the Austin location in a form determined by Submersive at its creative discretion, which may include physical signage, a digital installation, or another designated display. This display will be maintained for the duration of the Austin location's operation as a wellness facility. The specific form, placement, and design are at Submersive's sole creative discretion.

This benefit is personal to the original purchaser and does not transfer with the Membership under any circumstances.

Founding Circle members may opt out of having their named displayed at the Austin location by providing notice to member@submersive.com prior to December 31, 2026.

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7. TRANSFERABILITY

Founding Circle Memberships are personal and non-transferable. Your Membership may not be sold, gifted, assigned, or otherwise transferred to any other person.

Narrow exceptions are as follows:

(a) Family Transfer. With Submersive's prior written approval, a Membership may be transferred to an immediate family member residing in the same household. Requests must be submitted in writing to [EMAIL] and are subject to Submersive's sole discretion.

(b) Death. In the event of a member's death, the Membership terminates. Any unused pass credits may be transferred to the member's estate upon written request to [EMAIL].

Submersive may, in its sole discretion, approve transfers in other exceptional circumstances upon written request. The permanent name display described in Section 6 does not transfer under any circumstances.

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8. MEMBER CONDUCT

All members and their guests are expected to treat fellow members, guests, and staff with respect and care. Submersive reserves the right to suspend or terminate a Membership, without refund, for conduct that is harmful, disrespectful, or inconsistent with the values and community standards of Submersive. Specific facility rules — including guidelines governing use of wellness amenities — will be provided prior to your first visit.

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9. HEALTH AND SAFETY / ASSUMPTION OF RISK

Submersive's facility includes thermal wellness amenities — including saunas, cold plunge pools, and other sensory experiences — that involve temperature variation and physical exertion. By using your Membership, you acknowledge that participation in these activities carries inherent physical risks. You represent that you are in adequate physical health to participate and agree to follow all posted safety guidelines and staff instructions during each visit.

Submersive strongly recommends that all members, but especially those with pre-existing health conditions, consult a qualified physician before using thermal wellness amenities.

To the fullest extent permitted by applicable law, Submersive Austin Operating LLC and its affiliates, officers, employees, and agents are not liable for any injury, illness, or harm arising from your use of the facility, except to the extent directly caused by Submersive's gross negligence or willful misconduct.

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10. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Submersive's total liability to you for any claim arising out of or related to this Agreement or your Membership shall not exceed the total amount you paid for your Membership. Submersive is not liable for indirect, incidental, consequential, or punitive damages of any kind.

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11. MODIFICATIONS TO THESE TERMS

Submersive reserves the right to modify these Terms of Service with reasonable advance notice to members. Material changes will be communicated by email to the address on file. Continued use of your Membership following notice of any changes constitutes your acceptance of the updated terms.

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12. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of Texas, without regard to its conflict of law principles.
Informal Resolution. Before initiating any formal dispute, you agree to contact Submersive at member@submersive.com and give us thirty (30) days to attempt to resolve the issue informally.
Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement or your Membership — including questions about its existence, validity, or enforceability — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this section. The arbitration shall take place in Travis County, Texas. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You and Submersive each waive the right to bring or participate in any class action, collective action, or representative proceeding, whether in arbitration or in court. The arbitrator may not consolidate claims of more than one person and may not preside over any class or representative proceeding.
Exceptions. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in Travis County, Texas, to the extent necessary to prevent irreparable harm pending arbitration. Nothing in this section prevents Submersive from pursuing collection of amounts owed.
Severability. If the class action waiver is found unenforceable in a particular proceeding, that proceeding shall be conducted in court rather than arbitration, with the class action waiver still applying to the fullest extent permitted.

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13. CONTACT

For questions about your Membership or these Terms, please contact:

Submersive Austin Operating LLC
901 Barton Springs Road
Austin, Texas 78704
member@submersive.com
505-570-5634

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