MEMBERSHIP TERMS &
CONDITIONS
These Membership Terms
& Conditions (the “Terms”) is entered into effective as of the date
last set forth below (the “Effective Date”) by and between Fairfield
Ventures, LLC, d/b/a Urban Golf (“Urban Golf, “us”, “we”,
or “our”) and the undersigned Member (the “Member” or “you”
or “your”). By enrolling in an Urban Golf Membership, you agree that you
shall be bound by these Terms and the Rules and Regulations of Urban Golf, as
amended or supplemented by us from time to time as provided herein.
1. Membership.
a)
These Terms sets forth your rights,
privileges, and duties, (the “Membership”), and our rights, obligations,
responsibilities, and remedies, with respect to your use of the golf simulator
equipment and facilities located on the second floor of the building located at
1510 Fairfield Ave., Fort Wayne, Indiana 46802 (the “Fairfield”).
b)
These Terms consist of the sections below, as well as the Urban
Golf Rules and Regulations (the current form of which is attached as Exhibit
A) as may be updated, amended, supplemented, or replaced in accordance with
Section 8 below (the “Rules and Regulations”). The Terms govern your
Membership. Membership is a contractual privilege granting you the license to
enter the Fairfield and to use the facilities offered by Urban Golf during our
hours of operation. We reserve the absolute right to initiate, change, or
eliminate facilities, services, and programs, and to change our hours of
operation.
2. Term of Membership;
Termination.
a.
Term. Your Membership begins on the date you register for an
Urban Golf Membership, and Membership is on either a “month-to-month” basis, or
an annual basis, determined by the Membership Type chosen by you during such
registration. Your Membership, will automatically
renew for consecutive successive periods of one (1) month each, unless
otherwise terminated as provided below.
b.
Termination by You. You may terminate your Membership at
any time upon notice to us, provided that in no event shall you be entitled to
receive any refund or return of any Dues (as such term is defined below) upon
such termination.
c.
Termination by Us. We may suspend or terminate your
membership at any time, for any reason, by giving you written notice of
termination. If We terminate your membership without cause, we shall refund any
Dues prepaid for the period after the date of termination, in a pro-rated
amount based upon the number of days between the date of your termination and
the number of days outstanding in the month in which such termination occurs.
If your Membership is terminated for cause, you shall not be entitled, nor
shall we be required, to refund any Dues to you. For purposes of this
paragraph, “cause” means a violation of these Terms and/or the Rules and
Regulations, as determined by us in our sole discretion.
d.
Effect of Termination.
Any termination, whether by you, or us, shall be effective immediately. Upon
such termination, you shall immediately surrender your membership card, and
shall remain liable for all unpaid Dues accruing through the date of such
termination.
3. Dues. The cost of Membership
(“Dues”) shall be the amount corresponding with the Membership Type
chosen by you (i.e., monthly payments, or one annual payment). Dues may be
increased at any time by Urban Golf upon thirty (30) days’ notice to you. Urban
Golf may offer decreased Dues, promotions, discounts, special pricing, or
similar benefits at any time in its sole discretion, and you shall not have any
right to receive or otherwise participate in such promotional pricing unless
otherwise determined by Urban Golf in its sole discretion.
4. Payment. All Dues shall be paid
in advance on the first (1st) day of each month during your
Membership. Dues shall be charged to the credit card which we have on file for
you. In the event of any declination or cancellation of any charge for Dues, if
you fail to provide an additional payment method and pay all Dues which are
then unpaid and outstanding within ten (10) days, your Membership shall be
immediately terminated without further notice or action from us required. You
are responsible for all applicable sales and other taxes associated with the
purchase of your Membership. You agree to pay Dues through any third-party
payment processing service designated by Urban Golf from time to time, and as a
condition to your Membership, execute or enter into such additional agreements
as may be required of you in connection with such service.
5. Member Benefits. As a Member of Urban
Golf, you are granted a license to access and use the Urban Golf facilities
within the Fairfield including the café, lounge/viewing areas, restrooms, and
lockers. In addition, you will enjoy various benefits through your
Membership including:
·
Exclusive “Members Only” use of the Urban Golf simulators
and facilities in accordance with the Rules and Regulations.
·
Reservations (subject to availability and other
restrictions provided in the Rules and Regulations) through the Urban Golf
member registration system.
·
Exclusive advance registration rights for leagues and
events.
·
Discounts on merchandise and lessons, and similar access to
promotions and benefits offered by Urban Golf from time to time.
·
Optional bag and equipment storage (additional fees apply).
6.
DISCLAIMER OF LIABILITY. I represent: (a) that I understand that use of the Urban Golf
facilities, services, programs, and premises, and the activity of golf,
includes an inherent risk of injury to persons or property; (b) I am in good
physical condition, and have no disability, illness, or other conditions that
could prevent me from exercising or participating in the game of golf, without
injuring or impairing myself, and (c) I understand that participation and use
of the Urban Golf facilities involves physical activities in close proximity to
others, and I may incur injuries or disabilities as a result of the actions of
third-parties and other participants. Such risk of injury includes, but is not
limited to, injuries arising from use by myself or others of equipment,
machines, or golf facilities, injuries and disorders arising from physical
activity and/or exercise such as heart attacks, strokes, stress, sprains, torn
muscles and ligaments, among others, and accidental injuries occurring anywhere
else in the premises. I agree that all sue of the Urban Golf facilities and
participation in the golf activities contemplated by my Membership are
undertaken by me at my sole risk. I release and hold Urban Golf, its members,
owners, employees, agents, and affiliates harmless from, and assume all responsibility
for, all claims, demands, injuries, damages, actions or causes of action, to
persons or property, arising out of or connected with my use of the Urban Golf
facilities, premises, services, or programs.
7. Damages;
Indemnification. You
agree to and shall pay for any damages to the equipment or premises of Urban
Golf (including any facilities, equipment, fixtures, persons, or other property
within the Fairfield within and outside of Urban Golf), resulting from any
improper use of the equipment or premises, violation of this these Terms, the
Rules and Regulations, or misconduct of you or any of your guests. You agree to
indemnify and hold harmless Urban Golf, its owners, members, managers,
affiliates, employees, agents, and representatives from and against any and all
damages, liabilities, actions, causes of actions, losses, penalties, suits,
claims, costs or expenses (including reasonable attorneys' fees) arising out of
or in connection with, in whole or in part, directly or indirectly: (a) your
occupancy or use of the facilities, equipment, services, programs, and
activities provided by Urban Golf, or (b) any action or omission of you, or
your guests, within the Fairfield.
8. Rules
and Regulations. By executing this these Terms, you
acknowledge and agree that the Rules and Regulations are binding upon you, as a
condition to your Membership. You represent and acknowledge that Membership is
a voluntary decision, undertaken by you, in consideration of the benefits of
Membership. The Rules and Regulations may be amended, supplemented, changed,
revised, or otherwise modified by Urban Golf, at any time, in our sole
discretion. Any such amendment, supplement, change, revision, or modification
to the Rules and Regulations shall be immediately effective upon notice to you
(which notice may include, but shall not be limited to, posting in a
conspicuous location within the premises).
9. Assignment.
Your Membership may not be transferred, assigned, pledged, or hypothecated by
you to any other person. Your Membership, and all rights arising hereunder or
otherwise in connection therewith, apply solely to you, and do not include any
other person. Every individual desiring to become a member must individually
register for Membership.
10. Choice of Law. YOUR MEMBERSHIP, THESE
TERMS, AND THE RULES AND REGULATIONS SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA WITHOUT GIVING EFFECT TO THE
CONFLICTS OF LAW PRINCIPLES THEREOF. The
parties agree that any action or proceeding seeking to enforce any provision
of, or based upon any right arising out of, or otherwise connected with, your
Membership shall be brought only in the state or federal courts located in
Allen County, Indiana. Each of the
parties irrevocably submits to the exclusive jurisdiction of such courts in any
such action or proceeding, waives any objection it may now or hereafter have to
venue or to convenience of forum and agrees not to bring any action or
proceeding arising out of or relating to your Membership in any other
jurisdiction.
11. Amendments. Subject to any
amendments to the Rules and Regulations as permitted herein, no amendments
hereto shall be effective unless in writing signed by us.
12. No Waiver. The failure of any party to enforce at any time
or for any period of time any of the provisions of these
Terms or the Rules and Regulations shall not be construed as a waiver of such
provision or of the right of the party to enforce such provision. The waiver of any default or the failure to
exercise any right shall not be deemed a waiver of any subsequent default or
waiver of the right to exercise any other right.
13. Severability. If any term, provision, covenant or restriction contained in these Terms is held by
a court of competent jurisdiction or other authority to be invalid, void,
unenforceable or against its regulatory policy, the remainder of the terms,
provisions, covenants and restrictions contained in the Terms shall remain in
full force and effect and shall in no way be affected, impaired or invalidated.
Exhibit A
RULES AND REGULATIONS
These
Rules and Regulations may be amended, modified, supplemented, or otherwise
changed by Urban Golf:
·
During
the Member Only Hours (8:00 A.M. through 4:00 P.M., Monday-Thursday), access is
limited to Urban Golf Members, and their guests. All guests will be required to
pay the standard rates in effect during Member Only Hours.
·
Participants
may not reserve a simulator for more than three (3) hours per day.
·
In
the event a Member “no-shows” (i.e., does not utilize
their reservation) without six (6) hour prior cancellation, they may be
assessed a “no-show fee” of up to thirty dollars ($30) multiplied by the number
of hours for the applicable reservation.
·
No
simulator may be used by more than eight (8) people at any time.
·
Participants
shall not interfere with the enjoyment of the Urban Golf facilities by others.
Sounds, odors, lights, etc. that may unreasonably disturb other participants
are not permitted.
·
Participants
shall respect all property of Urban Golf, and others. Any participant engaging
in reckless activity, or disregarding the safety of others, or exhibiting
conduct which may be anticipated to result in any harm to person or property,
may be subject to immediate removal from the Fairfield.
·
No
swearing or similar disorderly conduct is allowed.
·
Participants
will cooperate with all requests or directions of the Urban Golf staff in order to maintain a first-class enjoyable atmosphere
within the Fairfield.
·
Urban
Golf retains all rights to prohibit any participant from using certain
equipment in connection with the golf simulators (such as non-regulation golf
clubs, metal spikes, etc.).
·
All
simulator reservations may be made through Urban Golf’s Member Login and/or
public reservation portal.