This Membership Agreement (this “Agreement”) sets forth the terms and conditions of your SuperFly Tulsa, LLC or SuperFly Littleton, LLC (dba “SuperFly Golf Lounge”) membership. If you have any questions, please feel free to consult any member of our staff for assistance.
SUPERFLY GOLF LOUNGE MEMBERSHIP TERMS AND CONDITIONS
1. MEMBERSHIPS: SuperFly Golf Lounge currently offers monthly memberships. These monthly memberships will collectively be referred to as “Monthly Memberships” in this Agreement.
2. MEMBERSHIP TERMS: If you choose a Monthly Membership, you agree that as a condition of your continued membership, you authorize SuperFly Golf Lounge 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, set forth in Paragraph 6 below, until your Monthly Membership is canceled, as set forth in Paragraphs 19 and 20 below. For example, if your Monthly Membership began on July 20, your periodic anniversary date is the 20th 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 (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize SuperFly Golf Lounge to charge your Payment Card for any other charges you may incur associated with your Monthly Membership. You agree to sign up for a minimum of three (3) months membership, which then will continue on a monthly basis.
3. MEMBERSHIP BENEFITS: SuperFly Golf Lounge reserves the right to choose which Membership Benefits are available only to the Individual Member. One of the membership programs set forth in Paragraph 4 below shall be offered per member. Membership discounts cannot be combined with any other promotion, discount, coupons or special offers.
4. PAYMENT CARDS: You may pay by 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 SuperFly Golf Lounge 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. You also authorize SuperFly Golf Lounge to charge your Payment Card for any other charges you may incur associated with your Monthly Membership, if applicable.
5. PAYMENT MONTHLY BILLING
a. 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.
b. PRICE GUARANTEE: During the first 12 months of your membership, SuperFly Golf Lounge will not alter the rates and benefits of the Monthly Membership. After the initial 12 months, SuperFly Golf Lounge reserves the right to change/modify the Monthly Memberships rates and benefits. Members will be notified 30 days prior of any changes in writing via email and mailed letter. The member can decide to cancel the Monthly Membership pursuant to Paragraph 21 below.
c. 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 SuperFly Golf Lounge 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, SuperFly Golf Lounge 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 rectifying the issue with the Payment Card issuer or providing new Payment Card information to any member of SuperFly staff. If SuperFly Golf Lounge is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due SuperFly Golf Lounge 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 SuperFly Golf Lounge is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Monthly Membership will be terminated and you will not be able to use your membership or any associated perks at any SuperFly Golf Lounge location. If SuperFly Golf Lounge terminates your membership, you will remain liable for all unpaid dues (including any Monthly Membership charges and all other charges against your account). If your membership is terminated by SuperFly Golf Lounge, you will not receive a refund on any amounts paid under any type of membership.
d. From time to time, SuperFly Golf Lounge 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 SuperFly Golf Lounge 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.
e. 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.
6. SUSPENSION/TERMINATION/CANCELLATION: SuperFly Golf Lounge may suspend or terminate your membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice of such termination, with or without cause. If SuperFly Golf Lounge terminates your membership, you will remain liable for all unpaid dues (including any Monthly membership charges and all other charges against your account). If your membership is terminated by SuperFly Golf Lounge, you will not receive a refund on any amounts paid under any type of membership.
SuperFly Golf Lounge must receive written notice of cancellation at least thirty (30) days prior to your billing date. Cancellation requests can be sent to firstname.lastname@example.org.
7. CO-SIGNER: If a member is under 18 years of age at the date the terms and conditions of this Agreement are accepted, a Co-Signer is required. As SuperFly Golf Lounge 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 SuperFly Golf Lounge 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.
8. DEFAULT: If you default on any payment due under this Agreement, SuperFly Golf Lounge may declare all or any of the future payments to be made under this Agreement immediately due and payable.
9. CHANGES TO POLICIES, FACILITIES, AND PROGRAM: SuperFly Golf Lounge may introduce new facilities or programs from time to time, which may be available to Members for an additional fee. SuperFly Golf Lounge may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time and for any reason. You acknowledge that SuperFly Golf Lounge may change membership fees at any time; provided, however, that SuperFly Golf Lounge will give prior notice via email 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 SuperFly Golf Lounge to charge the new periodic Monthly Membership Fee (plus applicable taxes) to your Payment Card. SuperFly Golf Lounge reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at SuperFly Golf Lounge does not involve an extension of credit or a retail installment sale since SuperFly Golf Lounge does not impose a finance charge and you may cancel membership at any time. Void where prohibited.
10. HOURS OF OPERATION: From time to time, SuperFly Golf Lounge may make reasonable changes to the days and hours that our facilities are open for business. You understand that SuperFly Golf Lounge will be busier at some times than others on different days of the week. Reservations are required.
11. PICTURE IDENTIFICATION/SIGN IN: You agree to have your picture taken for SuperFly Golf Lounge’s internal purposes upon joining, if requested by SuperFly Golf Lounge. Members and guests must check-in with a SuperFly Golf Lounge staff member upon entering SuperFly Golf Lounge. Members must show their photo ID to a SuperFly Golf Lounge staff member. Members must be in good standing (for example, your account must be paid to date) to be eligible for any SuperFly Golf Lounge membership benefits.
12. WAIVER: You understand that your use of SuperFly Golf Lounge facilities will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the facilities and premises (including the parking lot) and you assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property.
You agree that SuperFly Golf Lounge, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of you or your property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of SuperFly Golf Lounge. You expressly release and discharge SuperFly Golf Lounge, its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of action, notwithstanding any negligence on the part of one or more of them.
13. SAFETY: By playing at any SuperFly Golf Lounge facility, 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 carpeted area 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 screen at all times. Hitting golf balls anywhere other than the screen is prohibited, and guests are responsible for damages or injuries caused by any balls hit outside of the screen and padded bay area.
● Always maintain control of golf clubs while swinging. Members and customers are responsible for being aware of others standing in proximity and for safely controlling golf clubs while swinging. Members and customers who release the golf club while swinging and cause property damage or injury are wholly responsible for full replacement costs of damaged property including installation and are also responsible and liable for injury to other members, customers, guest, and SuperFly Golf Lounge staff.
● Throwing golf balls is prohibited.
● Only dispense and hit one golf ball at a time.
● Guests under 16 should be supervised by an adult when playing.
● All Members and guests must stay behind green carpeted area at all times while not swinging.
● No outside food or drinks are allowed. Specifically, no outside alcoholic beverages may be brought in or consumed anywhere on the premises.
● FOR OFF-HOURS ACCESS (when applicable) while under the influence of alcohol, drugs or any other medications that could impair their ability to use the golf simulator bays in a competent manner. Any damage to the simulators or facility, or injuries caused during off-hours will be the responsibility of the Founder Member. No non-Founder member guests are allowed during off-hours.
14. VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance with any rules and regulations of SuperFly Golf Lounge that may be posted from time to time at the facility and/or online. In the event that a Member fails to comply with said rules and regulations, SuperFly Golf Lounge may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. SuperFly Golf Lounge reserves the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and regulations are effective immediately.
15. INJURIES: You will immediately report any accident or injury suffered in SuperFly Golf Lounge’s facilities to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by SuperFly Golf Lounge.
16. DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear is required within the facility at all times. Bare feet are not acceptable anywhere at SuperFly Golf Lounge. Inappropriate, foul and/or lewd language or behavior is not acceptable and will result in suspension of your membership.
Members and guests are subject to the control and guidance of the SuperFly Golf Lounge staff and must follow their instructions while at SuperFly Golf Lounge. Members and guests agree to conduct themselves in a well-mannered fashion when in or about SuperFly Golf Lounge and not cause any disturbances or interfere with the safe use or enjoyment of SuperFly Golf Lounge by other members and guests.
17. DAMAGE TO FACILITIES: You agree to pay for damage to SuperFly Golf Lounge equipment and premises and third-party property outside of SuperFly Golf Lounge caused by your and/or your guests’ careless use of equipment or other intentional or negligent acts.
18. TEMPORARY CLOSURE: SuperFly Golf Lounge may temporarily close the facilities in its sole discretion for any reason. Members and guests are immediately required to comply with announcements and staff instructions regarding temporary closures.
19. TERMINATION BY SUPERFLY GOLF LOUNGE: SuperFly Golf Lounge may terminate this Agreement for breach of terms, conditions, policies, or regulations adopted by SuperFly Golf Lounge from time to time. SuperFly Golf Lounge may terminate this Agreement without cause upon 90-days’ notice to the Member.
20. TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following:
Monthly Membership still in the Initial Term and Monthly Membership past the Initial Term may be terminated upon thirty (30) days’ written notice, however, you will be charged for any additional renewals that occur within the 30-day notice period. To cancel your Monthly Membership, contact Member Services at (303) 386-4146 or email@example.com. There are no refunds for any time period (or portions thereof) already billed or paid for.
21. LIMITATION OF LIABILITY: A member’s recovery for any breach of this Agreement by SuperFly Golf Lounge is strictly limited to the amount the member has paid to SuperFly Golf Lounge,. Notwithstanding anything else in this Agreement to the contrary, SuperFly Golf Lounge shall not be liable to any member or guest for any loss, damage or other liability otherwise equivalent to or in the nature of any indirect, consequential, incidental, exemplary, punitive, or special damages (including claims of loss of opportunity, goodwill, or cost of capital) arising from performing or a failure to perform any obligation under this Agreement, whether such liability arises in contract, tort (including negligence or strict liability), or otherwise (and whether or not characterized as incidental, exemplary, punitive, consequential or special) consequential damages is not a remedy available to you.
a. 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.
b. ASSIGNMENT: SuperFly Golf Lounge may assign this Agreement, and, provided that the assignee agrees to assume the obligations of SuperFly Golf Lounge. in this Agreement, then SuperFly Golf Lounge, Inc. 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.
c. GOVERNING LAW: This Agreement is governed by the laws of the State of Oklahoma, and the parties hereto agree to the venue of the District Court of Tulsa County.
d. 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.
ENTIRE AGREEMENT & DEFINITION: This document incorporates the entire Agreement between Members and SuperFly Golf Lounge. SuperFly Golf Lounge reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this document.
I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS, CONDITIONS, AND POLICIES OF THIS MEMBERSHIP AGREEMENT. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH SUPERFLY GOLF LOUNGE. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS INTERRUPTED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF INTERRUPTION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED. THIS AGREEMENT IS THE ENTIRE AGREEMENT, AND NO VERBAL OR OTHER AGREEMENTS HAVE BEEN MADE TO ALTER THE TERMS OF THIS AGREEMENT.
BY CHECKING THE BOX AND SUBMITTING YOUR ORDER FOR MEMBERSHIP OR BAY TIME, YOU AGREE TO THESE TERMS & CONDITIONS.
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.