MEMBER AGREEMENT

I understand that the Sticks Golf Range LLC will not allow use of the Sticks 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.

1. MEMBERSHIP FEES

Membership at Sticks Golf Range LLC grants the Member the ability to suspend or cancel their membership any time with any changes taking effect at the end of the current monthly billing cycle. The only payment option is a recurring monthly plan that must be purchased on the website.  Members can suspend or cancel their membership at any time by managing their account online.  Sticks Golf Range LLC does not offer refunds for partial months.

 

2.  HOURS AND FACILITY ACCESS

Member has access to the Sticks Golf Range LLC facility (“Sticks”) during business hours.  Currently, business hours are 24 hours a day, 7 days a week.  In the event business hours changes, will be notified via email.  Member will have either a door punch code or a RFID key fob to allow access.  The Sticks facility is typically not staffed.  As such, the Member is responsible for following all rules, ensuring the facility is left orderly, simulator machines, iPads, and projectors are turned off, lights are turned off, and the door is locked.

 Sticks Golf Range LLC may on occasion reserve the Sticks facility for special events.  Member will be notified of upcoming events in which Sticks will be closed to members.

 

3. GUEST POLICIES

Sticks Golf Range LLC Members may invite guests to the facility to share the hitting bays. Guests must be accompanied at a reserved hitting bay by a Member at all times and are expected to follow the same guidelines for conduct as Members.

All guests must sign the waiver online prior to using the hitting bays.

Any guest under 18 years of age must have a parent or guardian sign the Guest/Minor Waiver online.

4. INITIATION FEE

Currently, Sticks Golf Range LLC does not charge an initiation fee for new members.

5. CHANGES TO POLICIES, FACILITIES, AND PROGRAM

Sticks Golf Range LLC may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time.  Sticks Golf Range LLC will give prior notice via e-mail to Monthly Membership holders of any change to the 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 Monthly Membership Fee.  Sticks Golf Range LLC reserves the right to suspend, modify or end the membership program at any time, in its sole discretion.

 

6. WAIVER

By using the Sticks Golf Range LLC facility, Member acknowledges that he or she may be seriously injured using while using the 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 Sticks Golf Range, LLC, 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 “Sticks Released Parties”), I hereby agree to forever release, remise, discharge, defend, hold harmless and indemnify the Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks 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 Sticks facility. As to any occurrence at the Sticks 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 Sticks Released Parties at facility (hereafter “Third Parties”). In such event, I agree to release, discharge, waive, defend, and indemnify the Sticks Released Parties against any Claims arising from acts or omissions of Third Parties at the Sticks 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 Sticks Released Parties while on the Premises. In such event, I agree to defend and indemnify the Sticks 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.

 

7. SAFETY

By playing at Sticks, 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 18 must be supervised by an adult at all times.

  • * Players are responsible for the equipment inside the simulators. No swinging clubs outside of the simulators for safety reasons.

 

8. DAMAGE TO FACILITIES

You agree to pay for damage to Sticks equipment and premises and third-party property outside of Sticks caused by you and/or your guests careless use of equipment or other intentional or negligent acts.

9. 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.

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.

10. GOLFERS HANDBOOK AND SAFETY RULES

I agree to follow procedures and safety rules described in the Golfers Playing Rules (available on Sticks Golf Range LLCs website), which are intended to protect the players, spectators and other guests.

11. PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR

I understand that all minors, under the age of 18, must be accompanied by parents or legal guardians at all times while at Sticks Golf Range LLC. I represent that I am duly qualified as the parent or legal guardian or authorized custodian the above listed persons (hereafter the “Minor”) and that I have the authority to execute this Agreement on behalf of the Minor. I further agree to be legally bound by the provisions of this Agreement and to indemnify and hold harmless The Released And Indemnified Parties for any claims that the Minor may now have or may arise in the future during the Claim Period against any of The Released And Indemnified Parties arising on the Premises. I further agree that if it is determined that I am not the parent or legal guardian or legal custodian of the Minor, or that I did not have the authority to sign the Agreement on behalf of such Minor, I will nevertheless personally defend and indemnify The Released And Indemnified Parties for and from any Claim arising from Minor’s participation in activities at the Premises.

I HEREBY ACKNOWLEDGE (1) THAT THIS DOCUMENT IS VALID AND MAY BE ENFORCED IN THE SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL FORM. I ALSO EXPRESSLY ACKNOWLEDGE THE VALIDITY OF THIS DOCUMENT. I FURTHER AGREE THAT I HAVE KNOWINGLY AND EXPLICITLY WAIVED ANY RIGHT TO CLAIM THIS DOCUMENT IS INVALID OR IS UNENFORCEABLE BASED ON THE FACT THAT I HAVE NOT PUT PEN TO PAPER.

I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING THIS CLUB AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Member Agreement

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