CARTERSVILLE, GA

MEMBERSHIPS

Last updated April 2, 2025

MEMBERSHIP AGREEMENT

By paying for the services offered at The Golf Club inc facility, and/or by accessing The Golf Club inc Website, and/or by creating an account through The Golf Club inc website, you, the Member, hereby agree to the terms and conditions listed in this Membership Agreement. The Golf Club inc is a Georgia incorporated company which owns and operates one or more indoor golf simulator locations (hereafter referred to as the “COMPANY”).  You agree to be bound by this Membership Agreement which is strictly between you and the Member, where you pay money for services.

1. MEMBERSHIPS: The Golf Club inc currently offers monthly and annual memberships at select locations. These memberships will collectively be referred to as “Memberships” in this Agreement. A guest must be 18 to purchase recurring monthly or annual memberships as listed below in a, b, c & d.

2. MEMBERSHIP TERMS: If you choose a Membership, you will be subject to the Terms and Conditions contained in this Agreement. If you choose a Membership, you agree that as a condition of your continued membership at The Golf Club inc, you authorize The Golf Club inc or its agent to charge your Payment Card the 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 Membership is canceled, as set forth in Paragraph 17 below. For example, if your Membership began on June 19, your periodic anniversary date is the 19th of each month, and your Payment Card will be charged for the 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 Membership Fee unless requested. You agree to pay the Membership Fee (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize The Golf Club inc to charge your Payment Card for any other charges you may incur associated with your Membership. You further agree to pay any applicable renewal fees, activation fees, or club maintenance fees, as may be implemented from time to time by The Golf Club inc, which ensures that you as a Member, have a quality, pain-free experience.

3. MEMBERSHIP BENEFITS: The Golf Club inc reserves the right to choose which Membership Benefits are available only to the Individual Member.

a) ANNUAL UNLIMITED MEMBERSHIPS

Annual Unlimited Memberships begin as an initial twelve (12) month term (the “Annual Membership Initial Term”) that, if not terminated at the end of the initial 12-month period, continue as a year-to-year membership for the convenience of the Member until terminated in accordance with this Agreement. The membership application fee and 12-month Pre-Paid Membership Fee is due upon signing. Pre-Paid annual fees are non-refundable. Each Membership account purchased is good for one member and their guests (up to three per visit). Each Membership account can only be used in one location at a time. Member must be present with guests at all times.  Unlimited members may book tee times in blocks of up to three hours per tee time. Members may only hold one active tee time at any given time. For example, if you have a tee time on Monday at 10 a.m., you cannot book another tee time on Tuesday at 10 a.m. until you either use the Monday tee time or cancel Monday’s tee time. Members may not give their access code to any other individuals under any circumstance.

b) MONTH TO MONTH UNLIMITED MEMBERSHIPS

Month-to-month unlimited memberships begin as an initial one (1) month term (the “Membership Initial Term”) that, if not terminated at the end of the initial 1-month period, continue as a month-to-month membership for the convenience of the Member until terminated in accordance with this Agreement. The Membership application fee and first month membership fee is due upon signing. Pre-Paid monthly fees are non-refundable. Each Membership account purchased is good for one individual and their guests (up to three per visit unless otherwise required or allowed by the The Golf Club inc). Each Membership account can only be used in one location at a time. Member must be present with guests at all times.  Unless specified otherwise on the website by a particular The Golf Club inc, unlimited members may book tee times in blocks of up to three hours per tee time. Members may only hold one active tee time at any given time. For example, if you have a tee time on Monday at 10 a.m., you cannot book another tee time on Tuesday at 10 a.m. until you either use the Monday tee time or cancel Monday’s tee time. Members may not give their access code to any other individuals under any circumstance.

c) MULTI-MONTH COMMITMENTS – PAID MONTHLY

Multi-Month Commitment Memberships begin as an initial three (3), six (6), or twelve (12) month term (the “Multi-Month Commitment Initial Term”) that, if not terminated at the end of the period, continue as a automatically renewed terms on the same amount of months as the Multi-Month Commitment Initial Term for the convenience of the Member until terminated in accordance with this Agreement. The membership application fee and multi-month commitment Membership Fee is due monthly in separate payments. Pre-Paid monthly or annual fees are non-refundable. Each Membership account purchased is good for one member and their guests (up to three per visit unless otherwise required or allowed by the The Golf Club inc). Each Membership account can only be used in one location at a time. Member must be present with guests at all times.  Except as otherwise provided by each separate The Golf Club inc, unlimited members may book tee times in blocks of up to 2.5 hours per tee time. Members may only hold one active tee time at any given time. For example, if you have a tee time on Monday at 10 a.m., you cannot book another tee time on Tuesday at 10 a.m. until you either use the Monday tee time or cancel Monday’s tee time. Members may not give their access code to any other individuals under any circumstance. In the event MEMBER cancels a multi-month commitment prior to the completion of the multi-month term, MEMBER shall pay an early termination fee equal to two additional months of services on the same rate previously paid by MEMBER.

d) CORPORATE MEMBERSHIPS

Corporate Memberships are available as monthly membership or annual twelve (12) month term (the “Membership Initial Term”) that, if not terminated at the end of the initial period, continue as annual or monthly memberships for the convenience of the Member until terminated in accordance with this Agreement. The Corporate Membership application fee is either a month to month membership, a 12-month commitment that is charged monthly, or a 12-month Pre-Paid Membership. Pre-Paid Membership Fees are non-refundable. Corporate memberships allow the membership entity a specific number of access codes for a certain number of authorized users to be able to access the space, subject to all other terms in this Agreement.  All corporate member authorized users must sign the liability waiver. However, regardless of whether authorized users sign the liability waiver, the agent who signs this Agreement on the The Golf Club inc’s behalf acknowledges that he/she has the authority to bind the The Golf Club inc and to accept or waive liability hereunder on behalf of the The Golf Club inc. In the event MEMBER cancels a Corporate Membership that is a 12-month commitment prior to the completion of the 12-month term, MEMBER shall pay an early termination fee equal to two additional months of services on the same rate previously paid by MEMBER.

e) CORPORATE ADVERTISING MEMBERSHIPS

Corporate Advertising Memberships are available, strictly with advertising options, or as a hybrid of advertising options paired with the use of the simulators. Pricing may vary, and The Golf Club inc and MEMBER may agree to a variety of specific terms, to be outlined on the final page of this Agreement upon signing. Billing will occur consistent with the The Golf Club inc’S billing practices referenced in this Agreement, or as agreed upon between The Golf Club inc and MEMBER. In the event a corporation signs up for a Corporate Membership of any kind, the employee, owner, or agent acting with apparent or actual authority on behalf of the corporation, acknowledges by way of executing this Agreement, that he or she has the authority to bind the corporation to such payment obligations under this Agreement and/or to waive liability as required herein. In the event MEMBER cancels a Corporate Advertising Membership that is a 12-month commitment prior to the completion of the 12-month term, MEMBER shall pay an early termination fee equal to two additional months of services on the same rate previously paid by MEMBER.

f. LIMITED SESSION MEMBERS – Punch Passes

Limited Session Memberships or punch passes are available. Purchased sessions are valid for 12 months from the date of purchase and can be used according to the limits of the membership. The cost for punch passes varies and are published on The Golf Club inc web site. Additional sessions may be purchased at current per session.  All limited session members must sign the liability waiver.

4. MEMBER GUESTS: Members may bring up to three (3) guests per visit. Members are responsible for all guests and guests must sign The Golf Club inc Member Guest Waiver to be on the premises.  Guests under 18 must accompanied by a parent or legal guardian. Guests must be accompanied by The Golf Club inc Member at all times.  Members may not disclose or share their access code with anyone or leave guests unattended. However, regardless of whether a Member Guest signs the Guest Waiver, Member specifically agrees to wholly indemnify The Golf Club inc from any potential claims of liability, including negligence, wrongful death, accidental or tort liability associated with Member’s use and Member Guests’ use of the simulators.

5. PAYMENT CARDS: VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card through the The Golf Club inc website for any membership. Any such credit or check card shall be referred to as the “Payment Card”. You also authorize The Golf Club inc to place a pending charge to your Payment Card when you sign up for any membership and prior to each subsequent periodic charge for 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. You also authorize The Golf Club inc to charge your Payment Card for any other charges you may incur associated with your Membership, if applicable, including annual renewal fees, activation fees, or common maintenance fees known as club maintenance fees.

6. PAYMENT a) MONTHLY BILLING

a) MONTHLY BILLING

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. Cash or check will not be accepted for monthly billing.

EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD. If your Payment Card reaches its expiration date, your failure to cancel your Membership constitutes authorization for The Golf Club inc to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic Membership Fee, your Membership will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, The Golf Club inc may attempt to charge the Payment Card the periodic Membership Fee every 10 days. If the charge is accepted, then your 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 Member Services. If The Golf Club inc is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due The Golf Club inc membership fees are paid, then your 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 Membership is cancelled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If The Golf Club inc is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Membership will be terminated and you will not be able to use your membership or any associated perks at any The Golf Club inc location. If The Golf Club inc terminates your membership, your membership access code will immediately be terminated and you will remain liable for all unpaid dues (including any Membership charges and all other charges against your account). If your membership is terminated by The Golf Club inc, you will not receive a refund on any amounts paid under any type of membership.

From time to time, The Golf Club inc 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 Membership, you hereby agree and authorize The Golf Club inc 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 The Golf Club inc will bear interest at 18% per annum (subject to applicable usury laws).

b) ANNUAL PAYMENT

Members have the option of paying for the entire 12-month initial term (rather than monthly billing) upon signing this Agreement, and will pay their 12-month term and initiation fee in full by corporate check, VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card or VISA or MASTERCARD check card (check card must bear the VISA or MASTERCARD logo). Upon the completion of the initial 12-month term, Member may choose to provide payment as stated in sections 3 and 4a for monthly billing, or remit payment in full for an additional 12-month term. Payments made to The Golf Club inc for Annual Memberships are non-refundable.

If a Membership is paid in full by the Member’s employer, the employer holds the right to the Membership account in the event the member is no longer employed by said company, for any reason, through the end of the paid term.

We recommend that you print a copy of these Legal Terms for your records.