MEMBERSHIP AGREEMENT

This Membership Agreement (this “Agreement”) sets forth the terms and conditions of your Golf Performance Lab membership. If you have any questions, please contact us at our main phone number.

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 GOLF PERFORMANCE LAB. 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.

GOLF PERFORMANCE LAB MEMBERSHIP TERMS AND CONDITIONS

  1. MEMBERSHIP: Golf Performance Lab currently offers monthly and yearly memberships for adults and juniors. These monthly and yearly memberships will collectively be referred to as “Monthly Memberships” and “Yearly Memberships” in this Agreement.
     a. COMMITMENT REQUIREMENT
    Our memberships require a commitment from the members to be on time and ready to go for their scheduled practices. This creates the best learning environment for all members as it limits interruptions to our practices. This also applies to any on-course learning over the duration of your membership.

  2. MEMBERSHIP TERMS: If you choose a Monthly or Yearly Membership, you agree that as a condition of your continued membership at Golf Performance Lab, you authorize Golf Performance Lab or its agent to charge your Payment Card the Monthly or Yearly Membership Fee (plus applicable taxes), in effect from time to time and which may change, on each monthly periodic anniversary date of your membership, until your Monthly Membership is cancelled, as set forth below. All Monthly Memberships will be charged on the 1st of each month. For example, if your Monthly Membership began on June 5th, your Payment Card will be charged for the Monthly Membership Fee on June 5th and then the 1st of each month thereafter until your monthly membership has expired or has been cancelled. 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 Golf Performance Lab to charge your Payment Card for any other charges you may incur associated with your Monthly and Yearly Membership. Including additional appointment and cancellation fees.

    Golf Performance Lab reserves the right to choose which Membership Benefits are available only to the Individual Member.

    PRACTICE/LESSONS CANCELLATION POLICY

    GOLF PERFORMANCE LAB LESSONS
    If your membership includes a lesson(s). The lesson must be booked each week or it expires. The lesson does not carry over from month to month. Parents are responsible for booking these lessons. If the team member wishes to take more than one lesson in a week, the additional lessons will be scheduled at the instructor’s standard junior rate.

  3. PAYMENT CARDS: You may pay by, VISA, MASTERCARD, AMERICAN EXPRESS, or DISCOVER 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 Golf Performance Lab 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 and Yearly Membership. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary. You also authorize Golf Performance Lab to charge your Payment Card for any other charges you may incur associated with your Monthly and Yearly Membership, if applicable.

  4. PAYMENT
    a. MONTHLY BILLING
    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.

    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 Golf Performance Lab to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic Monthly and Yearly Membership Fee, your Monthly and Yearly Membership will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, Golf Performance Lab may attempt to charge the Payment Card the periodic Monthly and Yearly Membership Fee every 1 days. If the charge is accepted, then your Monthly and Yearly 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 either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting Member Services. If Golf Performance Lab is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due Golf Performance Lab membership fees are paid, then your Monthly and Yearly 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 and Yearly Membership is cancelled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Golf Performance Lab is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Monthly and Yearly Membership will be terminated and you will not be able to use your membership or any associated perks at any Golf Performance Lab location. If Golf Performance Lab terminates your membership, you must immediately surrender any membership cards and you will remain liable for all unpaid dues (including any Monthly and Yearly Membership charges and all other charges against your account). If your membership is terminated by Golf Performance Lab, you will not receive a refund on any amounts paid under any type of membership.

    From time to time, Golf Performance Lab 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 Golf Performance Lab 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.

    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. Any arrears of dues owed to Golf Performance Lab will bear interest at 18% per annum (subject to applicable usury laws).

    b. MEMBERSHIP FREEZE: Golf Performance Lab offers Members the ability to temporarily suspend, or “freeze”, their Monthly Membership when they know in advance they will not be using Golf Performance Lab for an extended period. This a once per membership offering. A Membership may be placed on freeze with a written notice from a Member to Golf Performance Lab. Months on freeze do not apply toward the Member’s initial term. During the freeze period, Members will not be charged and are not permitted to use their Monthly Membership at any Golf Performance lab location. A membership freeze cannot begin prior to Golf Performance Lab receiving written notice from the Member stating his/her intent to freeze and the intended duration of the freeze; an end-freeze date is required at the time of the request. This request can be submitted to a Director of Instruction.

  5. SUSPENSION/TERMINATION: Golf Performance Lab 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 Golf Performance Lab terminates your membership, you must immediately surrender any membership and you will remain liable for all unpaid dues (50 % of remaining total months on your Membership.

  6. 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 (Parent/Guardian) is required. As Golf Performance Lab would not have agreed to enter into this Agreement without the promises of the Parent/Guardian, the Parent/Guardian promises to pay all amounts due to Golf Performance Lab under this Agreement when due, and to keep and perform all the Member’s promises and agreements. The Parent/Guardian’s promises and agreements are joint and several with the Member’s promises and agreements. If more than one person signs this Agreement as Parent/Guardian, the promises are both joint and several.

  7. DEFAULT: If you default on any payment due under this Agreement, Golf Performance Lab may declare all or any of the future payments to be made under this Agreement immediately due and payable.

  8. CHANGES TO POLICIES, FACILITIES, AND PROGRAM: Golf Performance Lab may introduce new facilities or programs from time to time, which may be available to Members for an additional fee. Golf Performance Lab 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 Golf Performance Lab may change membership fees at any time; provided, however, that Golf Performance Lab will give prior notice via e-mail 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 Golf Performance Lab to charge the new periodic Monthly Membership Fee (plus applicable taxes) to your Payment Card. Golf Performance Lab reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at Golf Performance Lab does not involve an extension of credit or a retail installment sale since Golf Performance Lab does not impose a finance charge and you may cancel membership at any time. Void where prohibited.

  9. HOURS OF OPERATION: From time to time, Golf Performance Lab may make reasonable changes to the days and hours that our facilities are open for business. You understand that Golf Performance Lab will be busier at some times than others on different days of the week.

  10. WAIVER: You understand that your use of facilities at Golf Performance Lab, 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 at Golf Performance Lab, 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 Golf Performance Lab operates. You expressly release and discharge Golf Performance Lab operates, 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.

  11. SAFETY: By participating at Golf Performance Lab, you agree to abide by the following safety rules, as well as other safety rules posted at the facility and/or online:

  12. VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance with any rules and regulations of Golf Performance Lab operates 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, Golf Performance Lab may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. Golf Performance Lab 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.

  13. INJURIES: You will immediately report any accident or injury suffered at Golf Performance Lab operates to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by Golf Performance Lab.

  14. DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear is required within the facility at all times. Bare feet are not acceptable anywhere at Golf Performance Lab. 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 Golf Performance Lab staff and must follow their instructions while at Golf Performance Lab. Members and guests agree to conduct themselves in a well-mannered fashion when in or about Golf Performance Lab and not cause any disturbances or interfere with the safe use or enjoyment of Golf Performance Lab by other members and guests.

  15. DAMAGE TO FACILITIES: You agree to pay for damage to Golf Performance Lab equipment and premises and third-party property outside of Golf Performance Lab caused by you and/or your guests (or guests’) careless use of equipment or other intentional or negligent acts.

  16. TEMPORARY CLOSURE: Golf Performance Lab may temporarily close the facilities in its sole discretion for any reason including, without limitation, in the case of inclement weather. Members and guests are immediately required to comply with announcements and staff instructions regarding weather-related stoppages.

  17. EARLY TERMINATION BY GOLF PERFORMANCE LAB: Golf Performance Lab may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by Golf Performance Lab from time to time. Golf Performance Lab may terminate this Agreement without cause given to the Member.

  18. TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following:
    All members are responsible for paying 50 % of the remaining months of the purchased membership.

  19. LIMITATION OF LIABILITY: Recovery for any breach of this Agreement by Golf Performance Lab is strictly limited to the amount you have paid to Golf Performance Lab, and you agree that recovery of incidental and consequential damages are not a remedy available to you.

  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: Golf Performance Lab may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Golf Performance Lab in this Agreement, then Golf Performance Lab 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 California, and the parties hereto agree to the venue of the County of Los Angeles.

    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 Golf Performance Lab. Golf Performance Lab reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements expressed, implied or statutory, between us except as specified in this document.