G-MAN GOLF MEMBERSHIP TERMS AND POLICIES

 
YOU, THE MEMBER, ACKNOWLEDGES AND AGREES THAT, BY PURCHASING A MEMBERSHIP REFERENCING THESE TERMS AND ACCESSING G-MAN GOLF AND G-MAN GOLF SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.  
 
1. MEMBERSHIPS: G-Man Golf offers a Yearly membership in this Agreement. A guest must be 21 to purchase recurring annual membership  

 

ANNUAL MEMBERSHIPS
Annual Memberships begin as an initial twelve (12) month term (the “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 are due upon signing. Pre-Paid annual fees are non-refundable account purchased is good for one G-Man Golf member and their guests. Each member must always be present with guests. Annual Members are allotted one fifty-five (55) minute session per day. Annual Members may have three (4) concurrent reservations and may make reservations up to fourteen (14) days in advance. Annual Members may reserve additional sessions at the conclusion of an existing session or by canceling an existing session, so the total number of open reservations is below three (4). For example, an Annual Member may have reservations for January 1st, January 5th, and January 10th. In this example, the Annual Member may not reserve any more sessions until the January 1st reservation has ended, or they cancel one of the existing 3 reservations. The term “Session” refers to a fifty-five (55) minute reservation of a simulator bay. All reservations must be made online through G-Man Brewery & Sports bar website.
 
2. MEMBER GUESTS: Members may bring up to three (3) guests to play per visit. Members are responsible for all guests and guests playing must sign the G-Man Golf Waiver and Release of Liability to participate. Members may not leave guests unattended.  
 
3. PAYMENT METHODS: VISA, MASTERCARD®, or AMERICAN EXPRESS® credit cards may be used through G-Man Golf website for any membership. Any such credit or check card shall be referred to as the “Payment Method”.  You also authorize G-Man Golf to place a pending charge to your Payment Method when you sign up for your membership and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Method, 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 Method in the amount of $1 per 1 of pending charge. You also authorize G-Man Golf to charge your Payment Method for any other charges you may incur associated with your Membership, if applicable.

 
4. ANNUAL PAYMENT: Annual Members shall pay for the entire 12-month initial term upon signing this Agreement and will pay their 12-month term and initiation fee in full by ACH, corporate check, VISA, MASTERCARD®, or AMERICAN EXPRESS® credit card or VISA or MASTERCARD check card. Upon the completion of the initial 12-month term, Annual Membership shall renew for an additional 12-month term and payment for that term will be collected through Members Payment Method on file. Payments made to G-Man Golf for Annual Memberships are nonrefundable. 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.  
 
5. SUSPENSION/TERMINATION: G-Man Golf 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 G-Man Golf terminates your membership, 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 G-Man Golf, you will not receive a refund on any amounts paid under any type of membership.  
 
6. DEFAULT: If you default on any payment due under this Agreement, G-Man Golf may declare all or any of the future payments to be made under this Agreement immediately due and payable. 
 
7. CHANGES TO POLICIES, FACILITIES, AND PROGRAM: G-Man Golf may introduce new facilities or programs from time to time, which may be available to Members for an additional fee. G-Man Golf may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time and for any reason. 

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You acknowledge that G-Man Golf may change membership fees at any time; provided, however, that G-Man Golf will give prior notice via e-mail to Membership holders of any change to the periodic membership fees. You agree that, unless you cancel your applicable Membership prior to the effective date of the change, you will be charged the new applicable periodic Membership Fee (plus applicable taxes) on each periodic anniversary date after the effective date of such change, and you authorize G-Man Golf to charge the new periodic Membership Fee (plus applicable taxes) to your Payment Method. 

G-Man Golf reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership of the G-Man Golf does not involve an extension of credit or a retail installment sale since G-Man Golf does not impose a finance charge and you may cancel membership at any time. Voids were prohibited. 

 
8. HOURS OF OPERATION: From time to time, G-Man Golf may make reasonable changes to the days and hours that our facilities are open for business. You understand that G-Man Golf will be busier at some times than others on different days of the week.  
 
9. PICTURE IDENTIFICATION/SIGN IN AND BUILDING ACCESS AND SECURITY: You agree to have your picture taken for G-Man Golf internal purposes upon joining. You acknowledge that G-Man is always monitored by video cameras.
 
10. WAIVER: You understand that your use of G-Man Golf 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 G-Man Golf, 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 G-Man Golf. You expressly release and discharge G-Man Golf, 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.

  
Participant Waiver and Release of Liability is attached to this Agreement as Addendum A and must be signed by all Members and Guests before using G-Man Golf facilities. 
 
11. SAFETY: By playing at this G-Man Golf facility, you agree to abide by the following safety rules, as well as other safety rules posted at the facility and/or online. Common sense and consideration for the safety of all participants and guests is always expected, even if it’s not explicitly listed here: 

• Each person must sign a waiver before participating in activities. 

• NO SPIKES: Golf shoes or running shoes are fine but NO SPIKES. 

• When using G-Man Golf clubs, you are responsible for any damage or missing clubs. Each set is 9 clubs. Original cost of the clubs will be charged. 

• Participants are responsible for the equipment inside the simulators. 

• No swinging clubs outside of the simulators for safety reasons. 

• Only one person should be present in the hitting area at a time. All other participants and guests MUST keep a safe distance, staying off the turf, and keep watch of the person golfing. 

• Beware and pay attention: Swinging golf clubs near people, and balls exiting the bay at high speeds can be extremely dangerous. Be aware of your own bay and those around you.

• Before you swing any club, check your surroundings (monitor, other players etc.) to ensure no person or obstacle is within your range of swing. 

• Be aware of your backswing and always follow through. 

• All shots must be directed towards the hitting screen. 

• Swinging should only take place on the hitting mats.

• Be alert of where you stand or walk and stay out of someone’s range of swing. 

• Report any accidents immediately. 

• Members and Guests are financially responsible for any damage caused by failure to follow the processes or the Rules, or caused by their careless, reckless or intentional actions.  

• Guests acknowledge G-Man Golf is under video surveillance. Tampering with cameras or damaging equipment by not following procedures may lead to loss of membership privileges and you will be liable for any damage caused.

• Guests and members acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation. 

• If you bring your own clubs, please make sure club faces are clean before playing. 

• We provide club cleaning equipment for your use.

• Use the balls that are supplied. Outside balls cannot be used in the facility

• Keep food and drinks at the tables provided. NO FOOD OR DRINK INSIDE SIMULATOR AREA at any time! 

• No smoking or vaping in the facility.

• Be respectful and courteous of other participants/groups in the facility.

• We would love for you to be able to finish your “last hole”, but if another group is booked after you, we will transition the simulator to the next group promptly at the end of your booking time. 

• Failure to abide by any of the above procedures may result in cancellation of the remainder of your paid simulator time without reimbursement and cancellation of your membership with no refunds. 

• Obey all verbal and posted rules and instructions

• No running starts or other movements 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 turf. All other guests must always stand a safe distance behind until their turn to hit. A safe distance means being behind the turf and at least seven (7) feet from the person swinging.

• Members and guests are responsible for the safety of others around them and should always check their surroundings before swinging a club. 

• G-Man Golf uses an honor system and expects all Members to only use their booked and paid for tee times. It’s tempting to stay longer if no one is booked after you, but the wear and tear on balls, mats, screens, and bulbs adds up. Thank you for helping us keep membership costs affordable for everyone.

 
You explicitly acknowledge that you are hitting the ball into a golf bay, and the ball may bounce out of the bay and hit you or a guest or another person in the facility. You acknowledge the inherent risk in playing indoor golf and that the ball may cause injury or death. You acknowledge that other people in the facility may hit a golf ball that hits you that may cause injury or death. 
 
12. VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance with any rules and regulations of G-Man Golf that may be posted from time to time at the facility and/or online. If a member fails to comply with said rules and regulations, G-Man Golf may: (1) suspend all membership privileges; or (2) void this Agreement and revoke all membership privileges. G-Man Golf reserves the right to amend or alter these rules and regulations at any time in its sole discretion. All amendments to these rules and regulations are effective immediately. 
 
13. DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear are always required within the facility. Bare feet are not acceptable anywhere at G-Man Golf. 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 Club staff and must follow their instructions while at any G-Man Golf facility. Members and guests agree to conduct themselves in a well-mannered fashion when in or about G-Man Golf and not cause any disturbances or interfere with the safe use or enjoyment of G-Man Golf by other members and guests. 
 
14. DAMAGE TO FACILITIES: You agree to pay for damage to G-Man Golf equipment and premises and third-party property outside of G-Man Golf caused by you and/or your guests (or guests’) careless use of equipment or other intentional or negligent acts. 
 
15. TEMPORARY CLOSURE: G-Man Golf may temporarily close the facilities in its sole discretion for any reason including, without limitation, in the case of inclement weather, need for system maintenance, or other reasons at the sole discretion of G-Man Golf. 
 
16. EARLY TERMINATION BY G-MAN GOLF: Club may terminate this Agreement, effective immediately upon written notice to the member, for breach of terms and conditions, or policies or regulations adopted by G-Man Golf from time to time. G-Man Golf may terminate this Agreement without cause if a 7-day notice is given to the Member. 
 
17. TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following: Annual Memberships still in the Initial Term may be terminated with thirty (30) days’ written notice. A Membership past the Membership Initial Term may also be terminated with 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 Membership, contact habermangary111@gmail.com. There are no refunds for any time (or portions thereof) already billed or paid for. 
 
18. LIMITATION OF LIABILITY: Recovery for any breach of this Agreement by G-Man Golf is strictly limited to the amount you have paid to G-Man Golf prorated for time left on your membership agreement period, and you agree that recovery of incidental and consequential damages is not a remedy available to you. 
 
19. GOLF LESSONS AND USE OF G-MAN GOLF FOR OTHER PURPOSES DESIGNED TO GENERATE REVENUE: If you are charging for a golf lesson and using G-Man Golf facilities and the person receiving the lesson does not have a current G-Man Golf membership, you must first sign a lesson plan royalty agreement with G-Man Golf. If the person receiving the lesson has a current G-Man Golf membership, there is no lesson plan royalty. If you are using the facility for filming or other promotional activities that are designed to generate revenue, then you must have the activity approved by G-Man Golf. Noncommercial posting of photos, videos, swings etc. for no monetary purpose is approved. 
 
20. 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: G-Man Golf may assign this Agreement, and, provided that the assignee agrees to assume the obligations of G-Man Golf in this Agreement, then G-Man Golf 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.  
 
GOVERNING LAW: This Agreement is governed by the laws of the State of Oregon, and the parties hereto agree to the venue of the state courts in Washington County, Oregon. 
 
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 G-Man Golf. G-Man Golf 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 INFORMATION UNDER 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 THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH G-MAN GOLF . 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 REPRESENTATIONS, PROMISES, OR INDUCEMENTS NOT CONTAINED HEREIN SHALL BE BINDING. ANY MODIFICATIONS TO THIS AGREEMENT MUST BE MADE IN WRITING AND SIGNED BY BOTH PARTIES. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO REVIEW THIS AGREEMENT FULLY AND TO ASK ANY QUESTIONS PRIOR TO SIGNING.