Terms

THE BAYS MEMBERSHIP TERMS, CONDITIONS AND POLICIES

YOU ARE PURCHASING YOUR MEMBERSHIP IN ADVANCE OF OPENING-WE HOPE TO OPEN AUGUST 2024.  AT THIS TIME, WE ARE UNABLE TO ALLOW MEMBERS TO ACCESS THE BAYS LOCATION.

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

PURSUANT TO SC CODE § 15-48-10 THIS AGREEMENT IS SUBJECT TO ARBITRATION PROVISIONS INCLUDED HEREIN

 

In consideration of the opportunity to use The Bays premises (“Premises”), defined as the Bays facility, parking lot, common areas of the building for access purposes only, golf simulators and related equipment and components, I hereby agree to the following terms and conditions of membership:

Access Policy/Hours of Operation. Booking a reservation is required in order to access golf bays.  You may book your reservation via app. Before our official opening, you will receive instructions on the use of our booking services. You may book reservations up to 7 days in advance.  You may book and hold one reservation at a time.   You will be given access to the Premises during hours of operation. From time to time, and in their sole discretion, The Bays may make changes to the days and hours that the Premises are open for business and/or member access hours. You understand that The Bays will be busier at certain times than others on different days of the week. The Premises will be open for use 7 days per week and holidays.  The Bays will be open for bookings 24 hours a day  The Bays reserves the right to modify days or hours of operation at its sole discretion.  Personalized access such as fobs, codes, or any other methods may only be utilized by you and may not be shared with any third party/non-member.  Limited memberships entitle a single member to 5 hours of bay usage.  Additional hours may be purchased at a rate for an additional charge.  Full memberships entitle a single user to unlimited bay usage.  An unlimited member may hold a single reservation at a time.  The maximum amount of hours for any single reservation is 3.  The private bay may be booked by limited members for an additional fee.  Unlimited members may book the private bay without incurring an additional charge. The Bays reserves the right to modify or amend these terms and conditions at any time.

Members must be at least 22 years of age.  A membership entitles only the member benefits included herein.

Pricing.  You are availing yourself to a Founding Member rate of $1500 or $2400 for a six (6) month Limited or Full membership, respectively.  These rates are inclusive of a one-time non-refundable initiation fee of $600. The start date of this six month membership shall be named by The Bays facility at a future date when the facility is ready to open. It is estimated to be Q3 or Q4 of 2024. You acknowledge that monthly fees have been temporarily reduced during a 6 month period from our expected membership pricing.

Payment. In consideration for receiving the ability to utilize The Bays, you agree to be pay the agreed upon rates and fees, as determined by the offer and/or promotion to which you have availed yourself.  Terms of any promotions will be disclosed to customers before purchase.  If you have not prepaid, Payment will be due on the first day of each month of your membership, in advance.  If a promotional rate expires, the remainder of the month will be prorated based on the rates current at that time.  You are solely responsible for all Fees charged to your Payment Method by the issuer, bank or financial institution including, but not limited to, membership, overdraft, and insufficient funds fees. If for any reason your Payment Method will not accept charges for any Fees, your membership will be automatically suspended. To reinstate your membership, you must update your Payment Method information by emailing hello@thebaysgolf.com. Any additional charges you incur under this Agreement will also be charged to your Payment Method. If you wish to terminate your membership, you must notify The Bays at hello@thebaysgolf.com no later than 7 days before the end of the month. If you fail to so notify, your membership will be renewed for the following month, and you will not receive reimbursement for that following month but will be able to continue to access the Premises. Please note that if you terminate your membership, reinstatement may require, at The Bays’ sole discretion, an additional initiation fee and, potentially, being added to our wait list.  From time to time, The Bays may avail itself of account updating services provided by the payment card industry. By enrolling in your membership, you hereby agree and authorize The Bays 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 updated programs.

Suspension/Termination of Membership. The Bays may suspend or terminate your membership at any time for breach of this Agreement or for any other reason by giving you written notice, via email or by mail, of such suspension or termination, with or without cause.  If The Bays suspends or terminates your Membership, access to The Bays will be suspended or deactivated, as appropriate, and you will remain liable for all unpaid Fees (including any recurring Fees and all other charges against your account). If your membership is terminated for cause, as solely determined by The Bays, you will not receive a refund on any amounts paid pursuant to this Agreement. If your membership is terminated without cause, the Fees you have paid in advance for the remainder of the payment term will be prorated and The Bays will refund the unused portion.

Changes to Policies, Premises: The Bays may publish and amend policies and regulations to the Premises via email communication or by posting on our website or modify the Membership Fee via email communication or by posting on our website from time to time and for any reason; provided, however, that The Bays will give prior notice via email to you of any Fee changes. You agree that, unless you cancel your Membership prior to the effective date of the change, you will be charged the new Fee (plus applicable taxes) on each Payment Date after the effective date of such change, and you authorize The Bays to charge the new Fee (plus applicable taxes) to your Payment Method. The Bays reserves the right to suspend, modify or end your Membership without prior notice, in its sole discretion.

Guest Policy. You may invite guests to join you when visiting the Premises. Each of our bays facilitate a maximum of four (4) players.  Guests shall be subject to all the rules and policies herein and must sign a Guest Release Agreement before entering the Premises. The Release Agreement will be available online. REGARDLESS OF WHETHER YOUR GUEST SIGNS A RELEASE AGREEMENT, YOU WILL BE RESPONSIBLE FOR, AND WILL INDEMNIFY AND DEFEND THE BAYS AGAINST, ANY AND ALL CLAIMS BROUGHT BY A GUEST AGAINST THE BAYS TO THE SAME EXTENT AS YOUR OBLIGATIONS TO THE BAYS UNDER SECTION 9 BELOW.  GUESTS ARE SUBJECT TO THE POLICIES AND RULES SET FORTH IN SECTION 10 BELOW.

Reservation Cancellation. You may cancel a reservation upon at least two hours prior notice on the app. If you fail to show for your reservation (without the appropriate cancellation) more than three times per year, your membership may be terminated, at the sole discretion of The Bays. For your noncompliance with this cancellation policy, The Bays, in its sole discretion, may charge you an additional fee for each hour booked but unused due to no-show.

Waiver, Indemnity, Release. You understand that your use of the Premises will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the Premises (including the parking lot and outside area) 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 (“Risks”). Accordingly, you (“Releasing Party”) agree to the following:

IN CONSIDERATION OF THE RELEASE PERMITTING MY USE OF THE FACILITIES AND/OR EQUIPMENT, I HEREBY AGREE AS FOLLOWS: TO HOLD HARMLESS AND INDEMNIFY THE BAYS, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO OR LOSS OF PROPERTY OF OR PERSONAL INJURY TO ANY THIRD PARTY; THIS RELEASE AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES, IN THE EVENT OF MY DEATH OR INCAPACITY. IN THE EVENT THAT I AM COMPLETING THIS WAIVER FOR MY CHILD, THE ABOVE HOLDS TRUE.

I hereby release, indemnify, defend, and hold harmless the Releasees from and against any claim, demand, loss, liability, injury, damages, attorneys’ fees and costs whatsoever (“Claims”), arising from, related to, or resulting from these Risks. I further acknowledge and assume all risks, both foreseeable and unforeseeable, associated with my occupying and use of the Premises, including but not limited to slip and falls, negligence of other persons, failure to remain in designated areas, golf swings that may hit you in and out of designated areas, and negligence on the part of the Releasees or their failure to protect me from risks, dangers or hazards. 

I recognize the physical exertion involved in the use of the Premises and equipment attest and certify that I am physically fit to participate safely.

As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property that I may sustain as a result of my participation at The Bays.

I will be personally liable for any and all damage to the Premises caused by my negligent, reckless, or intentional actions and the actions of myself or my guest(s). I agree to pay the full retail value for any equipment I, or any of my guests damage, whether the damage was intentional, reckless, negligent or unintentional.

I further agree that The Bays, its affiliates, subsidiaries, members, managers, employees, and agents (“The Bays Parties”) will not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you, your guests or your property (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or connected with the use of any of the services or equipment at the facility. You expressly release and discharge the The Bays Parties from all such Claims.  You further agree to defend, indemnify and hold harmless the The Bays Parties from and against any and all such Claims, attorneys’ fees and costs, and costs of collection incurred by the The Bays Parties in connection with the Claims as well as any damages incurred by the The Bays Parties for breach of this Agreement.

Safety and Conduct Policy. By participating at the The Bays facility, you agree to abide by the following safety and conduct rules, as well as any other rules posted at the Premises or communicate to you via email from The Bays:

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 turf and on the carpet or in designated seating areas 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.

Please wear appropriate shoes; clean tennis shoes and spikeless golf shoes are permitted.

Use clean clubs and only utilize clean golf balls provided by The Bays in the facility.  Dirty balls and clubs may damage the equipment.  

Golf swings to be made in the hitting bay only.

You are under video surveillance; any damages to The Bays must be reported immediately to hello@thebaysgolf.com.  Repair fees may be charged to your member account.

No pets allowed.

No smoking inside the premises.

No illegal substances are permitted on premises.  Any use of illegal drugs on the Premises is grounds for immediate revocation of membership and no prorated portion of the Fee will be refunded.

In case of emergency, please call 911 before notifying The Bays via email at hello@thebaysgolf.com. 

At least one member must accompany any guest(s) during Premises access and use.

Minor children are generally not permitted on Premises. From time to time and at its discretion, The Bays may establish events or hours during which minors will be permitted on Premises. 

Aim for the targets at all times. Members are responsible for damages or injuries caused by any balls hit outside of the hitting bay.Throwing golf balls is prohibited.

Only dispense and hit one golf ball at a time.

Violation Of Posted Rules and Regulations. All members and guests are subject to compliance with any rules and regulations of The Bays that may be posted from time to time on the Premises or via email from The Bays. In the event that you fail to comply with said rules and regulations, The Bays may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. The Bays 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 shall be effective immediately.

Injuries. You will immediately report any accident or injury suffered on the The Bays Premises to hello@thebaysgolf.com, and you will provide a written report from your doctor within a reasonable time, if requested by The Bays.

Dress Code/Personal Conduct. Appropriate clothing and footwear is required within the Premises at all times. Bare feet are not acceptable anywhere in the Premises. Inappropriate conduct may result in suspension or cancellation of your membership.  Inappropriate conduct will be defined in the sole discretion of The Bays, and includes but is not limited to, illegal drug use, sharing key fobs or other means of personalized access with non-members, inappropriate or hostile treatment of members or guests. You and your guests agree to conduct yourselves in a well-mannered fashion when in or about the Premises and shall not cause any disturbances or interfere with the safe use or enjoyment of The Bays by other members or their guests.

Temporary Closure. The Bays may temporarily close the facility, in whole or in part, in its sole discretion for repairs, cleaning, or private events

Limitation Of Liability. In no event shall The Bays be liable to you for indirect, special or consequential damages of any nature whatsoever. The Bay’s liability hereunder shall be capped at the amounts paid by Member hereunder.

Use Of The Bays Name/Logo/Images: Member use of The Bays promotional or display materials, including any images or materials (collectively, “Images”), that refer to or depict the The Bays facility or The Bays’ name, logo, symbol, trademark or tradename (collectively, “The Bays Marks”) shall be subject to The Bays’ prior written approval. You may not use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party located on the Premises without the prior written approval of The Bays. You have no rights or interests in any intellectual property owned or licensed by The Bays. Please note that permission is at The Bays’ sole discretion and, if granted, will only be granted under certain conditions and/or subject to you entering into a separate agreement with The Bays.

Arbitration:  I AGREE TO THE FOLLOWING ARBITRATION TERMS.  I UNDERSTAND THAT ARBITRATION IS A NON-JUDICIAL, BINDING MEANS OF RESOLVING DISPUTES.  If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitrator(s) shall be individuals currently or previously licensed to practice law in the state of South Carolina who were at no point disbarred. The place of arbitration shall be Charleston, South Carolina, unless otherwise agreed to by the parties. The arbitration shall be governed by the laws of the State of South Carolina. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Pursuant to the Commercial Arbitration Rules, the arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  Issues of arbitrability are to be determined by the arbitrator(s). 

Judicial Remedies for Non Arbitrable Disputes:  Should any dispute be deemed inarbitrable, I hereby waive, to the fullest extent permitted by applicable law, any right to a trial by a jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or any injury sustained or caused by any person in connection with the Activities (whether based on contract, tort or any other theory). I further expressly acknowledge, on behalf of myself and the Releasing Parties, that this waiver is made for the express purpose of expediting resolution of any dispute relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities between the Releasing Parties and the Released Parties.

Miscellaneous:

No Waiver. No waiver of any provision in this Agreement by either party shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

Assignment. The Bays may assign this Agreement and, provided that the assignee agrees to assume the obligations of The Bays in this Agreement, The Bays 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 South Carolina, and the parties hereto agree to the venue in the District in which The Bays is located.

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 The Bays. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between the parties hereto except as specified in this Agreement.

 

I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS, AND POLICIES OF THIS MEMBERSHIP SUBSCRIPTION AGREEMENT AND ANY EMAIL AMENDMENTS OR CHANGES WHICH WILL BE AUTOMATICALLY INCLUDED HEREIN. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ARBITRATION, ASSUMPTION OF RISK, LIMITATION OF LIABILITY, WAIVER, DEFENSE, INDEMNITY AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN IN THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH THE BAYS. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS SUSPENDED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF SUSPENSION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED.