Procedures, Policy & Agreement.
READ THESE DISCLOSURES & DISCLAIMERS CAREFULLY
At The Golf Academy Plus, LLC, (“Next Level Golf,” “our,” or “we”), we have adopted policies, procedures, rules, and regulations, including those located at the policy section designed to provide for the safe, enjoyable, and healthy use of our premises and events by you, our members, and guest. These policies apply to your conduct on Next Level Golf’s premises, including its centers, courts, and all outdoor areas, including its parking lots, and sidewalks (“premises”). These policies also apply to your conduct during our events or other Next Level Golf’s sponsored activities (“events”).
As a member or guest of Next Level Golf, you are responsible and expected to review and comply with these policies at all times. If you violate any of these policies, your membership, center access, or event participation may be suspended or terminated. Our decision on all questions regarding construction or interpretation of these policies is final.
We may change these policies at any time without notice, at our sole discretion. You may find the most recent version of these policies at golfacademyplus.com/policies.
As a member or guest of Next Level Golf, you are responsible and expected to review and comply with these policies at all times.
MEMBERSHIP AGREEMENT. By creating an account at Next Level Golf, you agree to: (1) Provide and keep updated current contact information (phone number and email address, (2) Keep an active credit card number saved to your payment profile, (3) Authorize Next Level Golf to charge your credit card for the outstanding balance on your account on the 1st day of every month. In addition, if you become a Member at Next Level Golf, you: (3) Agree to pay a monthly fee based on membership and any additional fees charged for any goods and services, (4) Authorize Next Level Golf to charge your credit card for the upcoming month membership fee on the 1st day of the month, (4) Authorize Next Level Golf to charge an activation fee* of $50.00 to your credit card on the day your membership begins.
* Effective October 1, 2024, all new & returning players are subject to a $50.00 Activation Fee upon General Member account activation.
MEMBERSHIP CANCELLATION. Membership at Next Level Golf is a yearly contract. If you wish to cancel your membership, you must provide a written request of cancellation at least 30 days prior to the next billing cycle submitted to nextlevelgolfstlouis@gmail.com . No refunds or credits will be provided for prior months, or prorated amount in the current month.
CANCELLATION & REFUNDS OF COURT RESERVATION FEES. You may cancel a court reservation by going to courtreserve.com or accessing the CourtReserve app. We will give court credit of all amounts paid if we receive your cancellation notice more than 24 hours from your scheduled reservation date and time. We will not provide any amount of court credit for a reservation that you fail to attend or fail to reschedule or postpone less than 24 hours in advance.
DEFENSE AND INDEMNIFICATION. On behalf of yourself and your spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, you agree to defend, indemnify, and hold Next Level Golf harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Next Level Golf by any other person (including but not limited to any Other Member, any Guest, and other Next Level Golf member, or guest, any family member who is not a Next Level Golf member, or any other person or entity) arising out of, resulting from, or caused by the Use of Next Level Golf Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). Your agreement to defend Next Level Golf means that you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Next Level Golf to resolve the claim.
WAIVER OF LIABILITY. On behalf of yourself and your spouse/partner, children/Minor Members, Guests, parents, guardians, heirs, next of kin, personal representatives, heirs, and assigns, you hereby voluntarily and forever release and discharge Next Level Golf , covenant and agree not to sue Next Level Golf for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses, or any other alleged liabilities or obligations of any kind of nature, whether known or unknown (collectively, “Claims”) for any injuries to you, Minor Member(s), or Guest(s) in the Use of Next Level Golf and Services which arise out of, result from, or are caused by any NEGLIGENCE OF Next Level Golf you, any Minor Member(s), or Guest(s), and/or any other person (“collectively, “Negligent Claims”).
Negligence Claims. You understand that Negligence Claims include but are not limited to Next Level Golf ’s (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Next Level Golf Premises and Services; (2) negligent failure to warn of or remove hazardous, unsafe, dangerous, or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure, or storage of personal, sensitive, or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).
Next Level Golf ’s Fees and Costs. You expressly agree that, if you (on my own behalf or on behalf of another, including an estate) asset a Negligence Claim against Next Level Golf and/or breach my agreement not to sue. You will pay all reasonable fees (including attorneys’ fees), costs, and expenses incurred by Next Level Golf (“Next Level Golf ’s Fees and Costs”) to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).
HEALTH & SAFETY. The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, Next Level Golf cannot remove all risk or otherwise guarantee or promise that you will not sustain any injuries or damages from viruses, infectious diseases, or other health hazards associated with your use of Next Level Golf’s premises, facilities, equipment, services, activities, or products (“Use of Next Level Golf Premises and Services”).
On behalf of yourself and your spouse/partner, children/Minor Member(s), and Guest(s), you attest that you are physically and mentally capable of participating in Next Level Golf activities and have no known health restrictions that might jeopardize your health or safety or the health or safety of others during their participation in Next Level Golf activities.
ASSUMPTION OF RISK. You understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of Next Level Golf’s premises, facilities, equipment, services, activities, and products.
Risks. You understand that the dangers, hazards, and risks of injury or damage in the Use of Next Level Golf Premises and Services (“Risks”) may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls”; (2) equipment failure, malfunction, or misuse; (3) property or information theft, misuse, or damage, including from vehicles, equipment, files, or systems; and (4) other accidents or incidents that your result in injury or damage to you, Minor Member(s), or Guest(s).
Use of Premises and Services. You understand that the use of Next Level Golf ’s premises, facilities, equipment, services, activities, or products can include but is not limited to (1) simulator bays, entryways, sidewalks, parking lots, and any other facilities; (2) use of services and participation in activities including but not limited to special athletic events; and (3) all other programs, activities, classes, sessions, events, amenities, or benefits that are sponsored, endorsed, or operated by Next Level Golf on or off its premises.
Injuries. You understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages (“injuries”) to you, Minor visitor (s), or Guest(s), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn, or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises, and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, or care; (6) lost wages or lost earning capacity; (7) lost, stolen, misused or damaged property or information; and (8) any other disability, impairment, incapacity, injury or damage.
You understand that Risks and Injuries in the Use of Next Level Golf Premises and Services (collectively, “Risks of Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF Next Level Golf, you, Minor Member(s), Guest(s) and/or other persons. YOU FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.