This packet (“Packet”) sets forth information as well as the terms and conditions of your membership as a member (“Member”) of Golfinity Performance Club 1 (“Golfinity”). While these terms and conditions apply specifically to membership at this Golfinity Performance Club, they will apply equally to any other Golfinity Performance Club or Golfinity Labs location. If you have any questions, please feel free to consult any member of our staff for assistance.
These Terms and Conditions (“Terms”) may be amended from time to time to accurately reflect Golfinity’s services and practices. Unless otherwise required by law, Golfinity will notify you before making changes to the Terms and give you the opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue your Golfinity membership.
I understand that the Golfinity would not allow use of the Golfinity facility (including, but not limited to the golfing activities thereon) to me, my spouse, my child or my ward, if any, without my agreement to the Terms and Conditions set forth herein.
MEMBERSHIP TERMS AND CONDITIONS TABLE OF CONTENTS
1. MEMBERSHIP OPTIONS: Membership at Golfinity grants the Member access at all
hours of operation to the Members Club in addition to the ability to adjust, suspend,
or cancel at any time with any changes taking effect at the end of the current
monthly billing cycle. Family memberships allow for multiple family members to
access Golfinity bookings and the facility.
There are two available payment options for base memberships: monthly or yearly.
If a Member chooses the “yearly” option, they will pay upfront for the membership plan. A yearly plan features a discount as compared to the monthly price. All credit
packages at Golfinity are monthly, recurring agreements. Members have the ability to adjust their plans or schedule a suspension or cancellation at any time (see below). Any Member who cancels their membership within the first thirty (30) days
of joining Golfinity will receive a full refund of any enrollment fee paid.
Cancellations outside of the first 30 days will not be refunded.
2. GUEST POLICIES
Golfinity Members may invite guests to the facility to experience the Members Club and share the hitting bays. Guests must be accompanied at a hitting bay by a Member at all times and are expected to follow the same guidelines for conduct as Golfinity Members. The daily guest rate is 20 credits per adult guest and 20 credits
per child guest. Members will be allowed to bring unique guests a certain number of times per calendar month and year as broken down below:
Total visits by the same guest (monthly): 2 times
Total visits by the same guest (yearly): 8 times
Members will be allowed to pay the guest fee through their account on the app prior to their arrival or in-person with the Membership Coordinator
Golfinity allows members to bring associated non-participating guests in for practice sessions, group classes, and lessons. (Example: A junior member being accompanied by a parent/guardian or an adult member being accompanied by a spouse/child). Golfinity will allow this guest to use the technology on a limited basis while participating with the member. If the staff feel that this policy is being abused, the member may be asked to upgrade their membership to a Family plan. This non-participating guest policy does not apply to outside golf instructors that are not employed by either Golfinity or Troon, Inc.
3. ENROLLMENT FEE: New members at Golfinity are subject to a one-time enrollment fee depending on the membership they choose. Enrollment fees can change according to demand and capacity. Enrollment fees are non-refundable.
4. GOLFINITY CREDITS: Members may take advantage of Golfinity services and technology by purchasing Golfinity Credits, and Members may assess what they want to book on a monthly basis and select a plan that fits their needs. Credits are available during the current month and unused credits accrue to the following month; credits expire and are forfeited after two months if not used. Monthly, recurring Golfinity Credit Packages are available and can be adjusted or cancelled at any time with any changes take effect at the end of the current monthly billing cycle.
5. CANCELLATION POLICIES:
For Practice Sessions:
6. MEMBERSHIP TERMS: If you sign up for a membership plan, you agree that as a condition of your continued membership at Golfinity you authorize Golfinity or its agent to charge your Payment Card the Monthly Membership Fee (plus applicable
taxes), in effect from time to time and which may change, on the first day of each month of your membership, until your Monthly Membership is canceled. For the
first month, the Monthly Membership Fee may be prorated based on the day that you activate your membership plan. You will not be provided with copies of charge slips evidencing the recurring charges of the Monthly Membership Fee unless
requested. You agree to pay the Monthly Membership Fee in accordance with your
Payment Card issuer agreement, if applicable. You also authorize Golfinity to charge your Payment Card for any other charges you may incur associated with your
Monthly Membership or your use of the Golfinity facility.
7. PAYMENT CARDS: You may pay by: corporate check; ACH auto draft to a credit card, debit card, or bank account; VISA®; MASTERCARD®; or AMERICAN
EXPRESS® credit card; or VISA or MASTERCARD check card (check card must bear
the VISA or MASTERCARD logo) for any membership. Any such credit or check card
shall be referred to as the “Payment Card”. You also authorize Golfinity to place a
pending charge to your Payment Card when you sign up for any membership and
prior to each subsequent periodic charge for Monthly Membership. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per $1 of pending
FEES RELATING TO YOUR PAYMENT CARD: You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the
credit limit fees.
MEMBERSHIP CHARGES: Members are responsible for all charges made by Golfinity to credit cards associated with member accounts. If you believe there was any type of error regarding a processed charge, you will have 30 days from the payment
date to bring the charge to the attention of a staff member at Golfinity. You can
inform your instructor or send an email to
email@example.com we will handle your inquiry in a timely manner.
Any charges dated past this 30-day threshold from the initial contact date will be non-refundable.
CHARGES FOR EXCESS CREDITS USED. In the event that you use Golfinity
technology or services that require Golfinity Credits and you have an insufficient
number of Golfinity Credits in your account during the month the technology or
services are used, you authorize Golfinity to charge your Payment Card for the
insufficiency at a rate of $1.00 per Golfinity Credit. This charge to cover an
insufficiency of Golfinity Credits will not affect your elected monthly Golfinity Credit
plan and is non-refundable once the technology or services are used by you.
EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD. If your
Payment Card reaches its expiration date, your failure to cancel your Monthly
Membership constitutes authorization for Golfinity to continue billing that Payment
Card. If your Payment Card for any reason will not accept charges for any periodic
Monthly Membership Fee, your Monthly Membership will be immediately suspended
until payment is collected. For the 60 days immediately following the suspension
day, Golfinity may attempt to charge the Payment Card the periodic Monthly Membership Fee every 10 days. If the charge is accepted, then your Monthly Membership benefits will be reinstated as of the date the charge is accepted. In order for your membership to be reinstated, you must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting your membership department. If Golfinity is able to charge your Payment Card (existing or new, if
you have provided new Payment Card information) and any past due Golfinity membership fees are paid, then your Monthly Membership benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Monthly Membership is canceled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Golfinity is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Monthly Membership will
From time to time, Golfinity may avail itself of account updating services provided by the Payment Card industry, including, without limitation, VISA’s Account Updater program or MasterCard’s Automatic Billing Updater program. By enrolling in a Monthly Membership, you hereby agree and authorize Golfinity to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.
SERVICE CHARGES: You agree to pay a $20.00 charge (plus applicable taxes) for all rejected payments, whether by Payment Card, or Pre-Authorized/credit card auto debit system. Any arrears of dues owed to Golfinity will bear interest at 18% per annum (subject to applicable usury laws).
9. CHANGES TO MEMBERSHIP STRUCTURE
a. CHANGING MEMBERSHIP PLANS: Golfinity offers Members the opportunity to upgrade or downgrade membership plans at any time. These desired changes will be put in place for the upcoming monthly billing cycle.
b. MEMBERSHIP FREEZE: Golfinity offers Monthly Members the ability to temporarily suspend, or “freeze,” their Monthly Membership when they know in advance they will not be using Golfinity for an extended period. A Monthly Membership may be placed on freeze with a 7-day written notice from a Member to Golfinity. A customer may freeze their membership for up to two months without being required to pay a new Enrollment Fee upon reactivation.
10. CO-SIGNER: If a Member is under 18 years of age at the date the Terms are
accepted, a Co-signer is required. As Golfinity would not have agreed to enter into this Agreement without the promises of the Co-signer, the Co-signer promises to pay all amounts due to Golfinity under this Agreement when due, and to keep and perform all the Member’s promises and agreements. The Co-signer’s promises and agreements are joint and several with the Member’s promises and agreements. If more than one person signs this Agreement as Co-signer, the promises are both
joint and several.
11. DEFAULT: If you default on any payment due under this Agreement, Golfinity may declare all or any of the future payments to be made under this Agreement immediately due and payable.
12. CHANGES TO POLICIES, FACILITIES, AND PROGRAMS: Golfinity may introduce new facilities or programs from time to time, available to Members for an additional fee. Golfinity may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time. You acknowledge that Golfinity may change membership fees at any time; provided, however, that Golfinity will give prior notice via e-mail to Monthly Membership holders of any change to the periodic membership fees. You agree that, unless you cancel your applicable Monthly Membership prior to the effective date of the change, you will be charged the new applicable periodic Monthly Membership Fee (plus applicable taxes) on each periodic anniversary date after the effective date of such change, and you authorize Golfinity to charge the new periodic Monthly Membership Fee (plus applicable taxes) to your Payment Card. Golfinity reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at Golfinity does not involve an extension of credit or a retail installment sale since Golfinity does not impose a finance charge and you may cancel membership at any time. Void where prohibited.
13. WAIVER: By using Golfinity’s facility, Member acknowledges that he or she may be seriously injured through the use of this facility. Golf balls are driven at high speeds, and golf clubs are swung at full speed, both of which reach speeds frequently exceeding 100 miles per hour; such balls and/or tees may ricochet, and/or if Member walks near someone swinging a club, Member might be struck.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK: On behalf of myself, my spouse, children, wards, if any, and their respective successors, assigns and in consideration of the services and activities provided by Golfinity, Inc. and Troon, Inc., their respective parent companies, subsidiary companies, managers, members, employees, agents, officers, directors, affiliated companies, volunteers, participants, clients, customers, invitees, independent contractors, insurers, facility operators, premises owners AND all other persons or entities acting in any capacity on their behalf, together with their respective successor and assigns (hereafter collectively the “Golfinity Released Parties”), I hereby agree to forever release, remise, discharge, defend, hold harmless and indemnify the Golfinity Released Parties as set forth in this Agreement:
RELEASE AND INDEMNITY: For myself and on behalf of the my spouse, if any, my children and my wards, if any, and their respective successors and assigns, (hereafter collectively, the “Releasing Parties”), I hereby agree to release, remise forever discharge, defend, hold harmless, and indemnify, the Golfinity Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind and attorneys’ fees), and however caused, including without limitation by, reckless, negligent or grossly negligent conduct (hereafter collectively, “Claims”) of any and all of the Releasing Parties that arise on, are based upon or result from, any act, event, occurrence, or omission at the Golfinity facility, including but not limited to any claim under any common law, whether in law or equity, or federal, provincial, or local statute, ordinance, or rule of law
ACKNOWLEDGEMENT OF RISKS: I acknowledge that by its very nature, golfing (including indoor golf), and related activities (“Activities”) at the Golfinity facility, present, carry, and involve a serious risk of physical injury to both active participants and spectators. I acknowledge that the Activities are inherently dangerous and hazardous and acknowledge that by participating in, observing, or allowing minors of whom I have legal custody to participate in or observe the Activities, I am, on behalf of myself and on behalf of each of the Releasing Parties, expressly assuming all risks associated with the Activities and expressly contracting not to sue for any injury sustained as a result of such participation in or observation of the Activities. I understand that golfing and related activities may result in injuries ranging from minor injuries (bruises, blisters, and the like), to more serious injuries or even death. I acknowledge that golfing and related activities at the Golfinity facility subjects myself and any other participants, including but not limited to the Releasing Parties to the risk of serious bodily injury. I understand that no matter how careful the Releasing Parties may be during golfing and related activities, and that no matter how much the Golfinity Released Parties’ employees or agents attempt to reduce the risks, the risk of serious injury (including death) is not eliminated, and remains foreseeable.
ASSUMPTION OF RISK AND LOSS: I ACKNOWLEDGE THAT ALL ACTIVITIES AT THE GOLFINITY FACILITY, BOTH DURING AND AFTER THE CLAIM PERIOD, INCLUDING THE ACTIVITIES OF THE Golfinity Released Parties and THE ACTIVITIES OF THE RELEASING PARTIES AND THE ACTIVITIES OF THIRD PARTIES ARE POTENTIALLY AND INHERENTLY DANGEROUS AND I KNOWINGLY AND FREELY ASSUME ALL KNOWN AND UNKNOWN RISKS ON BEHALF OF MYSELF AND THE OTHER RELEASING PARTIES, INCLUDING WITHOUT LIMITATION ALL RISKS OF INJURY, DAMAGE AND/OR DEATH. I further agree that none of the Golfinity Released Parties will be responsible to me or any of the Releasing Parties for the loss or theft of my personal property, or that of any of the Releasing Parties while I am at the Golfinity facility. My participation and the participation of any of the Releasing Parties( including, but not limited to my spouse, child and ward, if any) in any activities whatsoever at the Golfinity facility is purely voluntary, and I elect and agree on behalf of myself and all of the Releasing Parties (including but not limited to my child or ward, if any) to participate in those activities in spite of the risks. I further expressly agree that I will pay for the cost of medical assistance should any of the Golfinity Released Parties request such assistance in their sole discretion on behalf of any of the Releasing Parties. I assume full financial responsibility for any damage or injury that may occur to any of the Releasing Parties while at the Golfinity facility. As to any occurrence at the Golfinity facility, I further expressly assume the risk of injury or aggravation of injury resulting from any preexisting medical or physical condition of any of the Releasing Parties, irrespective of whether such medical or physical condition was known or unknown to me.
INJURIES BY AND TO THIRD PARTIES: I further and specifically acknowledge that the Releasing Parties, including myself, my spouse, my child and my ward, if any, may be injured by the actions of customers or invitees of the Golfinity Released Parties at facility (hereafter “Third Parties”). In such event, I agree to release, discharge, waive, defend and indemnify the Golfinity Released Parties against any Claims arising from acts or omissions of Third Parties at the Golfinity facility. I also acknowledge that the acts or omissions of the Releasing Parties, including myself, my spouse, child and ward, if any, may cause injury to other customers, invitees, employees, independent contractors, or agents of the Golfinity Released Parties while on the Premises. In such event, I agree to defend and indemnify the Golfinity Released Parties and any third party invitee or customer against any Claim arising which was caused, in whole or in part, by one or more of the Releasing Parties.
14. PUBLICITY WAIVER: Member (on behalf of Member and Member’s minor children) hereby irrevocably permits, authorizes, grants, and licenses Golfinity, Inc. and Troon, Inc. and their respective affiliates, successors, and assigns (“Authorized Persons”), the rights and permission, free from approval, review, or cost, to photograph, record or otherwise capture the likeness of Member and Member’s minor children while participating in activities at Golfinity for use in media, now or hereafter known, including but not limited to pictures and video, to copyright the same in Golfinity’s name, and which may be included in whole or in part for commercial or promotional use (“Materials”).
Golfinity shall be the exclusive owner of all rights, including copyright, in the Materials. Member acknowledges and agrees that Member has no right to review or approve Materials before they are used by Golfinity, and that Golfinity has no liability for any editing or alteration of the Materials or for any distortion or other effects resulting from editing, alteration, or use of the Materials. Any credit or other acknowledgment of Member, if any, shall be determined by Golfinity in its sole discretion.
15. CLASS ACTION AND JURY WAIVER: By agreeing to become a Member at Golfinity, both you and Golfinity agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Golfinity agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Further, both you and Golfinity hereby waive any right to a trial by jury and agree that any claims brought in any lawsuit will be decided through a bench trial before a single judge.
16. CHOICE OF LAW AND VENUE: By agreeing to become a Member at Golfinity, both you and Golfinity agree that the substantive and procedural law of the State of Texas shall apply, except where federal law applies, in which case the law of the Fifth Circuit Court of Appeals shall apply. Both you and Golfinity further agree that any claims against the other must be brought in the state or federal courts located in Austin, Texas.
17. SAFETY: By playing at Golfinity, you agree to abide by the following safety rules, as well as other safety rules posted at the facility and/or online:
18. INJURIES: You will immediately report any accident or injury suffered in Golfinity to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by Golfinity.
19 DAMAGE TO FACILITIES: You agree to pay for damage to Golfinity equipment and premises and third-party property outside of Golfinity caused by you and/or your guests careless use of equipment or other intentional or negligent acts.
20. TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following: Memberships may be terminated with a one-week written notice before the next monthly period begins. No penalty shall be incurred for cancellation. Members will complete their active billing cycle prior to cancellation.
21. DATA POLICY: In order to provide and constantly improve the services and amenities available to Members, Golfinity must process information about you, and the types of information Golfinity collects depends on how you use your membership. Golfinity may collect the content, communications, and other information you provide when you use your membership or the Golfinity app, including when you sign up for an account, purchase products or services, and use the available technology at the facility.
and is incorporated into these Terms for all intents and purposes.
NON-WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.
ASSIGNMENT: Golfinity may assign these Terms and any other agreements entered into between Golfinity and Member, and, provided that the assignee agrees to assume the obligations of Golfinity, then Golfinity will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your membership to another person.
INVALID PROVISIONS: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.