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  • 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. ABOUT GOLFINITY PERFORMANCE CLUB
    2. HOURS
    3. SERVICES OFFERED
    4. AREAS OF THE FACILITY AND TECHNOLOGY
    5. INSTRUCTOR LEVELS
    6. MEMBERSHIP OPTIONS
    7. ENROLLMENT FEE
    8. GOLFINITY CREDITS
    9. PRACTICE TIME AT GOLFINITY PERFORMANCE CLUB
    10. CANCELLATION POLICIES
    11. MEMBERSHIP TERMS
    12. PAYMENT CARDS
    13. PAYMENT
    14. CHANGES TO MEMBERSHIP STRUCTURE
    15. CO-SIGNER
    16. DEFAULT
    17. CHANGES TO POLICIES, FACILITY, AND PROGRAMS
    18. WAIVER
    19. PUBLICITY WAIVER
    20. CLASS ACTION AND JURY WAIVER
    21. CHOICE OF LAW AND VENUE
    22. SAFETY
    23. INJURIES
    24. DAMAGE TO FACILITIES
    25. TERMINATION BY MEMBER
    26. DATA POLICY
    27. MISCELLANEOUS

    1. ABOUT GOLFINITY PERFORMANCE CLUB:

    There are three distinct areas of the Golfinity facility, which are accessible based on membership plan & session type:

    Member’s Club

    The Member’s Club (downstairs, left) is accessible to all Golfinity members. Members can utilize the hitting bays, the bar area & seating, the lounge space, the locker rooms, the multi-purpose stretch/massage room, and the outdoor chipping/putting green. Members can invite guests to utilize the space with them on a daily fee basis.

    Upstairs Member’s Club

    The upstairs portion of the Member’s Club is accessible at no extra charge for Premier members (single & family). Members who are not on a Premier membership plan may access the upstairs for a fee. This space suits members that desire a larger hitting bay, longer practice session bookings, use of TrackMan technology, and/or a quieter space. Premier members also have full access to the downstairs Member’s Club as outlined above.

    Performance Theater

    The Performance Theater (downstairs, right) is a multi-purpose space that will be used for group classes (including golf & fitness), events and general play. During group classes, participants will either have their own hitting bay or share a bay with another person. All event bookings (corporate, birthday parties, etc.) will use either a portion of the full space. When there are no class or event bookings in the Performance Theater, the space will be open for “overflow” practice session bookings by members.

    2. HOURS:

    Golfinity Performance Club is open Monday-Thursday from 8:00 a.m. – 10:00 p.m., Friday-Saturday from 8:00 a.m. – 10:00 p.m., and Sunday from 9:00 a.m. – 7:00 p.m. You can check Golfinity Performance Club instructor lesson availability on the Golfinity app for exact daily hours. Instructors will periodically have open hours after the posted close time for lessons. From time to time, Golfinity Performance Club may make reasonable changes to the days and hours that the facility is open for business without prior notice.

    3. SERVICES OFFERED:

    • Pre-books - A practice booking scheduled over 24 hours (up to 10 days) in advance, can be booked peak or off-peak, can be booked back to back
    • “Quick” bookings - A practice booking scheduled under 24 hours in advance
    • Private lesson - 1-on-1 lesson with a Golfinity instructor
    • Virtual Tune-up – A video swing analysis of a member’s swing, conducted by a Golfinity instructor.
    • Group class - Multi-person lesson/class with an instructor in the Performance Theater
    • Technology Use - A session that utilizes a specific technology (e.g., GEARS, Virtual Green, etc.)

    4. AREAS OF THE FACILITY AND TECHNOLOGY:

    • Performance Theater - six-hitting bays available for events, group classes, member overflow (if necessary), and non-member a la carte play
      • Technology: Uneekor
    • Member’s Club (Level 1) - five hitting bays available to all members for practice sessions (30-mins) or private lessons (30 minutes/1 hour)
      • Technology: four ForeSight GC Hawks, one Uneekor
    • Upstairs Member’s Club (Level 2) - seven hitting bays available to Premier members at no extra charge, other members for a fee, for practice sessions (30 minutes/1 hour), or all members for private lessons (30 minutes/1 hour)
      • Technology: TrackMan, Virtual Green

    5. INSTRUCTOR LEVELS:

    There are three instructor levels at Golfinity, and each level has a different rate for private instruction:
    • Instructor/Coach - an instructor that specializes in teaching beginner golfers
    • Senior Instructor - an experienced instructor for all levels of juniors and adults
    • Director - the most experienced instructor at Golfinity, available to teach all levels of juniors and adults

    6. MEMBERSHIP OPTIONS:

    Membership at Golfinity grants the Member access at all hours of operation to the Member’s 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 of $10 per month 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 initiation fee paid. Cancellations outside of the first 30 days will not be refunded.

    Membership options are as follows:
    Single Membership - $49.00 monthly
    • Unlimited monthly practice bookings under 24 hours (one 30-minute session per day) ; practice sessions may be extended beyond 30 minutes when the bay is available
    • Two 30-minute pre-book practice bookings monthly
    • Ability to book bays in Level 1 of the Member’s Club
    • Ability to book bays in Level 2 of the Member’s Club for an additional fee
    Family Membership - $79 monthly
    • Unlimited monthly practice bookings under 24 hours (two 30-minute sessions per day); practice sessions may be extended beyond 30 minutes when the bay is available
    • Four 30-minute pre-book practice bookings monthly
    • Ability to book bays in Level 1 of the Member’s Club
    • Ability to book bays in Level 2 of the Member’s Club for an additional fee
    Single Premier Membership - $109 monthly
    • Unlimited monthly practice bookings under 24 hours (one hour of sessions per day); practice sessions may be extended beyond 30 minutes when the bay is available
    • Ability to book practice sessions in 30-minute or 1-hour time increments
    • Four 30-minute pre-book practice bookings monthly
    • Ability to book bays in Level 1 or Level 2 of the Member’s Club
    Family Premier Membership - $159 monthly
    • Unlimited monthly practice bookings under 24 hours (two hours of sessions per day, 1 hour per person); practice sessions may be extended beyond 30 minutes when the bay is available
    • Ability to book practice sessions in 30-minute or 1-hour time increments
    • Six 30-minute pre-book practice bookings monthly

    Guest Policies

    Golfinity Members may invite guests to the facility to experience the Member’s 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 10 credits per adult guest and 10 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 concierge.

    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.

    7. ENROLLMENT FEE:

    New members at Golfinity are subject to a one-time enrollment fee of $150.00 to $250.00 depending on the membership they choose. Enrollment fees can change according to demand and capacity.

    8. 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.

    Credit Packages
    Credit package$ spendCredits BoughtBonus CreditsTotal Credits
    GF 1 $50 50 0 50
    GF 2 $100 100 10 110
    GF 3 $150 150 15 165
    GF 4 $200 200 20 220
    GF 5 $250 250 25 275
    GF 6 $300 300 30 330
    Common Golfinity Credit Uses
    Service Category Service Credit amount
    Private Lessons Instructor/Coach: 30-min / 1-hour 35 / 70
    Senior Instructor: 30-min / 1-hour 40 / 80
    Director: 30-min / 1-hour 50 / 100
    Semi-Private Instructor/Coach: 1-hour 50
    Senior Instructor: 1-hour 60
    Director: 1-hour 70
    Group Classes Group Class 20
    Group Class - advanced 30
    Supervised Practice 20
    In-Bay Options Swing Catalyst / V1 Pressure Mat (30-mins) 15
    Swing Catalyst / V1 Pressure Mat (1-hour) 30
    Extend Booking Time (30-mins) 10
    Premium Booking Extend Time (1-hour) 20
    Convert Prebook to Credits 20
    Other Items Additional pre-book session (30-mins) 20
    Virtual Tune Up/Swing Review 20
    Online Lesson 60
    Standard Member, Level 2 Access 10
    Virtual Green session (30-mins) 20
    Virtual Green session (1-hour) 40
    GEARS session (1-hour) 75
    GEARS session (with Instructor) 175
    Clubfitting session (30-minutes) 50
    Clubfitting session (1-hour) 100
    Clubfitting session (2-hours) 200
    Skills Contest 10
    Fitness Classes 20
    Tournament Entry (Golf, F&B & Prizes) 30
    Member Events Varies (10-40 credits)
    Guest Fees 10
    Conference room booking (Lvl 1 members) 50

    The above credit use schedule is offered as an example and credit requirements may be altered by Golfinity at any time.

    9. PRACTICE TIME AT GOLFINITY PREVIEW CLUB:

    Golfinity offers Members access to the facility for practice usage in between scheduled lesson dates. In order to guarantee practice space, Golfinity Members are able to schedule practice times on the Golfinity app. These times will open based upon availability. Members may walk in for practice without booking a bay, however, practice time that is not booked through the app may not be able to be accommodated based on the availability of bays at the facility. Golfinity allows for hitting bays to be booked in 30-minute or 1-hour time increments. If there is no scheduled lesson or practice session at your bay after your session, Members may continue to practice beyond their scheduled time.

    10. CANCELLATION POLICIES:

    For Practice Sessions:
    • Members must cancel 24 hours in advance in order to avoid losing pre-book or being charged credits.
    • “No shows” result in a deduction of pre-books/credits and are subject to additional charges per Golfinity membership policies.
    • If a member needs to reschedule inside of 24 hours because of medical circumstances, they must contact our Golfinity Concierge team.
    • Cancellations inside of 24 hours are monitored and tracked each month
      • 2nd cancellation will cost 2 Credits
      • 3rd cancellation will cost 3 Credits
      • 4th cancellation will cost 4 Credits
      • 5th cancellation will cost 5 Credits and membership is under review
    For Lessons:
    • Members must cancel 48 hours in advance in order to avoid being charged for the lesson (credits being deducted from the account).
    • “No shows” result in a deduction of credits and are subject to additional charges per our membership policies.
    • If a member needs to reschedule inside of 48 hours because of medical circumstances, they will be instructed to contact our Golfinity Concierge team.

    11. MEMBERSHIP TERMS:

    If you sign up for a membership plan, you agree that as a condition of your continued membership at Golfinity Preview Club 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 each monthly periodic anniversary date of your membership, until your Monthly Membership is canceled. For example, if your Monthly Membership began on June 15, your periodic anniversary date is the 15th of each month, and your Payment Card will be charged for the Monthly Membership Fee on that date each month. If your monthly periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid membership started on the 31st day of a month), your Payment Card will be charged on the last day of that month. 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.

    12. PAYMENT CARDS:

    You may pay by: corporate check; ACH autodraft 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 charge.

    13. PAYMENT

    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 info@golfinity.com and 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.

    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 cancelled (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 be terminated.

    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).

    14. 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 three months.

    15. 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.

    16. 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.

    17. 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.

    18. 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.

    19. 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.

    20. 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 than any claims brought in any lawsuit will be decided through a bench trial before a single judge.

    21. 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.

    22. 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:
    • Obey all verbal and posted rules and instructions.
    • Use common sense to protect yourself and others.
    • Members and guests must hit from the mat.
    • No running starts or other movement that would move your feet from the mat during your swing are allowed.
    • Only the player taking a turn is allowed near or on the mat. All other guests must stand behind the safety line at all times until their turn to hit.
    • Members and guests are responsible for the safety of others around them and should always check their surroundings before swinging a club.
    • Aim for the targets in front of you at all times.
    • Throwing golf balls is prohibited.
    • Only hit one golf ball at a time.
    • Participants under the age of 13 must be supervised by an adult at all times.

    23. 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.

    24. 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.

    25. 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.

    26. 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.

    Golfinity’s Privacy Policy can be found by visiting www.golfinity.com and is incorporated into these Terms for all intents and purposes.

    27. MISCELLANEOUS:

    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.