Member Agreement and House Rules
MEMBER AGREEMENT
KYN Golf Club, LLC, an Arizona limited liability company shall be referred to as “the Club”.
This Member Agreement shall be referred to as “the Agreement”.
The “Effective Date” is the date that the Member (You) has joined the Club.
The Club is located at 14811 N. 73 St., Scottsdale, AZ 85260 and is referred to as “the Facility”.
The Club and Member are individually referred to as a “Party” and collectively as “Parties”.
By your entry to the Club, usage of the Club, signature and/or payment, you agree to the following terms and conditions of your Membership in the Club:
1. Nature of Membership and Club.
“Member” under this Agreement does not refer to equity ownership in the Club. The Club is a for-profit limited liability company. No equity in the Club is acquired under this Agreement. “Membership” shall be the right to regularly use the Facility under the Club’s booking and tee time policies as they may change from time to time. The Facility is available to Members, twenty-four hours a day, seven days a week, except for times when repairs, improvements, or maintenance are performed. Access to the Club’s facilities shall be by secured electronic entry, except when the Facility is staffed by a Club employee or employees. The Member shall have a terminable license to use the Facility under the terms and conditions of this Agreement. No rights to a leasehold or other occupancy are acquired by reason of this Agreement. Members shall occupy the status of a social guest of the Club and not a business invitee. Members’ usage of the Facility shall be at the Member’s own risk. No liability is assumed by the Club for injuries occurring during the Member’s time of usage of the Facility or at any time the Member is on the premises of the Facility. The nature of the Member’s usage of the Facility is recreational, within the scope of Ariz. Rev. Stat. § 33-1551, under which the Member and the Member’s Guests (defined below) accept the risks created by the user’s activities and shall exercise reasonable care in those activities. The indoor nature of the Club shall not remove the Club from the scope of recreational immunity, which shall be the same as outdoor recreational immunity activities, in which injury can occur just by reason of the terrain, the nature of the physical activity conducted thereon, and the physical ability and skill of the Member. Members are strongly discouraged from engaging in golf and golf related activities without having the experience and physical capability of playing golf as the game is generally understood to be played or engaging in any other athletic activity, aerobic or non-aerobic. Members are responsible to obtain education, training and any health advice from their own professionals to assess whether and to what extent Members may be capable or limited in using the Facility.
2. Term of Membership and Pricing.
The price for Membership shall be as follows:
One Month, $600.00 (not currently offered)
Three Months, $1,650.00 (not currently offered)
Six Months $3,000.00 (not currently offered)
Twelve Months, $4,800.00 (not currently offered)
Social, $250.00
Player Lite, $250.00
Player, $400.00
The Member’s term shall commence on the Effective Date and end on the day of the month that is the term of the Membership selected by the Member. For Memberships greater than one (1) month, the Member shall be billed by credit card, debit card, ACH, or automatic electronic payment each month for the on the day of the month coinciding with the commencement date (or the last day of the month if the commencement date is the twenty-ninth (29th) through the thirty-first (31st)), whichever day of the month that comes later. The Membership will be automatically renewed and payment will be automatically collected as provided below. A Member should not join the Club without first understanding that automatic credit card, debit card, ACH, or other automatic electronic payments will be collected, until the Membership is cancelled.
3. Usage and Playing Privileges
Members shall have full unlimited usage of any available golf simulator bay, demonstrator golf clubs, golf balls, tees, mats, and Trackman and other electronic equipment. Members shall have full usage of available space on the practice green. “Available” shall mean any space or time slot not otherwise occupied or booked by a Member and the Member’s guests. The timeslot for usage shall be booked in advance. Timeslots shall be limited to two (2) hours per booking. Booking of consecutive timeslots to exceed this limit is prohibited. A booked time slot or walk-on time slot shall end promptly at the beginning of the next booked tee time of the next Member and/or the Member’s guests. Overstaying a booked or walk-on time slot shall only be permitted if the next scheduled tee time is a no-show or is tardy. Tardy arrivals shall result in lost time of usage and not permit an overstay. Timeslot usage shall not be extended to complete a simulated round of golf. Simulated golf courses are subject to licensing agreements between the Club and outside licensors who own the rights to the simulated golf courses. There are no guarantees that all advertised simulations will remain available during the term of Membership. The Club is not required to make available all advertised or contemplated simulated golf courses. Walk-in or walk-on usage shall be permitted only if not otherwise in use or booked, and is on a “first come, first serve” basis. A booking for a walk-in or walk-on timeslot may be accomplished at the Facility to permit electronic entry. A booked time slot is not required or offered for usage of the practice green or workout equipment.
4. Professional Lessons
Members may book appointments to obtain professional golf lessons from the professional staff of the Club. No other golf professionals shall be permitted usage of the Facility to give golf lessons, whether such professionals are Members, guests or non-members. Such golf lessons are subject to the availability of the Club’s teaching professional(s). The pricing of the golf lessons shall be arranged directly between the Member and the professional golf staff. Golf lessons are not included in the Pricing.
5. Data
The Club shall become the owner of all data generated by the golf simulations equipment. The Club may, at its discretion, share the golf data with Members by download. The images, likenesses and names of Members engaged in usage of the Facility shall be and hereby are licensed to the Club for all purposes.
6. Rules of Usage and Liability
Members shall obey all rules of the Club as posted at the Facility. The rules may be changed from time to time by the Club at its discretion. The continued usage of the Facility by a Member shall be deemed adequate consideration for any contractual modification found to have occurred by reason of changes to the posted rules. For purposes of this Agreement, all Members agree to conduct themselves in a safe, reasonable, and prudent manner at all times on the premises of the Facility. Prohibited activities include, but are not limited to:
- Making a practice swing or an attempt at hitting a golf shot of any length with any club outside of the designated area for hitting a golf shot.
- Aiming or hitting a golf shot towards any sensitive or electronic equipment or in any direction besides toward the golf bay net/catch area.
- Striking any part of the Facility with a golf club or golf ball besides the practice green and the golf bay net/catch area.
- Consumption of alcoholic beverages to excess or the use of illegal drugs anywhere on the premises of the Facility before or during usage of the Facility.
- Any attempt to obscure, blur, defeat the purpose of or tamper with security cameras in or around the Facility.
- Use of foul language, vulgar or abusive communication to any Club staff member.
THE CLUB IS NOT RESPONSIBLE FOR ANY INJURY TO A MEMBER, GUEST OR SPECTATOR IN OR ON THE CLUB’S PREMISES OR THE FACILITY. EXAMPLES OF SOURCES OF INJURY THAT ARE NOT THE RESPONSIBILITY OF THE CLUB ARE BEING STRUCK BY A GOLF CLUB, BEING STRUCK BY AN ERRANT GOLF SHOT, INJURY IN MAKING A GOLF SWING TO ANY PART OF THE GOLFER’S BODY (INCLUDING BACK, SHOULDER, WRIST, LEG, HIP, KNEE, ELBOW, NECK, ANKLE, FOOT, FINGERS, TOES OR ANY OTHER PART OF THE GOLFER’S BODY WHICH REASONABLY COULD BECOME INJURED IN MAKING A GOLF SWING), TRIPPING, SLIPPING, FALLING, BUMPING INTO WALLS, OR ANY MOVEMENT OF A MEMBER, GUEST OR SPECTATOR. THESE ARE EXAMPLES. THE CLUB IS NOT RESPONSIBLE FOR INJURIES FROM OTHER UNFORESEEN SOURCES OR CAUSES IN THE SAME MANNER AS THESE EXAMPLES.
THE MEMBER HEREBY SEPARATELY AND EXPLICITLY AGREES TO THIS LIABILITY WAIVER AS A CONDITION OF MEMBERSHIP. BECAUSE THE FACILITY MAY BE AND FREQUENTLY WILL BE UNSTAFFED, IT IS THE DUTY OF THE MEMBER TO CONFORM THE MEMBER’S CONDUCT TO THE STANDARD OF A REASONABLY PRUDENT PERSON IN LIKE CIRCUMSTANCES. IT IS ALSO THE DUTY OF THE MEMBER TO IMPART TO THE MEMBER’S GUESTS AND SPECTATORS THE REQUIREMENTS OF THIS SECTION AND THE POSTED RULES. AS THE HOST OF GUESTS AND SPECTATORS, THE MEMBER AGREES TO INDEMNIFY AND DEFEND THE CLUB AGAINST ANY CLAIMS MADE BY GUESTS AND SPECTATORS OF THAT MEMBER. MEMBERS ARE RESPONSIBLE FOR MISCONDUCT, NEGLIGENCE, AND CARELESSNESS OF THE MEMBERS’ GUESTS AND SPECTATORS. THE MEMBER SHALL AGREE TO THIS LIABILITY WAIVER EACH AND EVERY TIME THE MEMBER BOOKS A TIME SLOT OR WALKS ON FOR THE MEMBER’S USAGE.
THIS LIABILITY WAIVER IS ENFORCEABLE AND EFFECTIVE WHETHER OR NOT THE MEMBER, GUESTS OR SPECTATORS HAVE READ IT OR NOT. FAILING OR REFUSING TO READ THIS SECTION, IGNORING THIS SECTION, OR CLAIMING TO NOT UNDERSTAND THIS SECTION SHALL NOT NULLIFY ITS EFFECTIVENESS. THIS SECTION IS NOT A CONTRACTUAL TERM OF ADHESION. MEMBERS, GUESTS AND SPECTATORS WITHIN THE SCOPE OF THIS SECTION ARE FREE TO NEGOTIATE THE TERMS OF THIS SECTION AND PROPOSE MODIFIED TERMS.
7. Guests and Spectators
Members are permitted to have guests, which shall be persons invited to use the Facility with the Member and for the same duration of the Member (“Guest”). Guest fees shall be $25 per guest per booked timeslot and shall be a shared usage license granted to the Guest for the same time and bay as the Member. Use of multiple bays simultaneously shall not be permitted unless Members separately book timeslots for the same time in different bays. The Guest fee shall be charged to the Member’s credit card on file with the Club at the time the Guest joins the Member at the Facility. The Guest can also directly pay the Club the Guest fee at the time of booking. Guests shall not be given the Member’s access code, access device or be permitted to enter the Facility before the Member arrives. Guests shall subscribe to a separate liability waiver as in section 6 above for each time they are a Guest of the Member. Guests shall be subject to the same posted rules of the Club as Members. Guests are limited to three (3) per member, per tee time. Guests must be accompanied by their host Member. Unaccompanied Guests shall be permitted to use the Facility by separate agreement and only with permission in writing of Club management. “Spectators” shall refer to non-playing and non-user Guests of the Member. Spectators shall be of suitable age and have a working knowledge of the game of golf and golf etiquette. Spectators shall not be permitted in the golf hitting bays and shall not be permitted to use the practice green or workout equipment. If Spectators wish to use the Facilities, they must be booked as a Guest and be treated as a Guest. Any usage observed by the Club of the Facility by a Spectator or Spectators shall be billed to the Member’s credit card, debit card, ACH or electronic payment for a Guest fee or fees.
8. Food and Beverage
Members, Guests and Spectators are permitted to bring their own food and beverages to the Facility unless and until such time as the Club offers food and beverages. Members, Guests and Spectators shall bus their areas and leave them in as clean and neat of a condition as when they arrived. No food and beverages are permitted in or near the golf bay. No alcoholic beverages are permitted until further notice.
9. Early Termination and Renewal
The Club reserves the right to terminate this Agreement for cause, including singular severe violations of the posted rules, the terms of this Agreement, or repeated lesser infractions of the posted rules or this Agreement, including no-showing scheduled tee times, short-showing scheduled tee times (i.e., with fewer fellow Members or Guests than booked), and other prohibited conduct. In the event of early termination by the Club, the Club shall have no obligation to make a refund, in part or in whole. All Member fees paid are non-refundable. Payment of the Member pricing shall be treated as full and fair consideration for the privilege of use and not for actual uses. Periodic payments made (e.g., monthly) for Member terms greater than one month shall not be suspended or payment stopped or disputed by the Member, notwithstanding early termination by the Club.
A Member may cancel the Member’s membership by notice in writing to the Club’s manager, delivered in person or by certified mail, return receipt requested, with restricted signature. The Member’s cancellation shall terminate all rights of usage on the date received by the Club. The Member shall pay a cancellation fee as follows:
- For a one-month Memberships, none.
- For a three-month Membership, the current monthly charge in which notice of cancellation is given, plus the next following month.
- For a six-month Membership, the current monthly charge in which notice of cancellation is given, plus the next following two months.
- For a twelve-month Membership, the current monthly charge in which the notice of cancellation is given, plus the next following three months.
The Member shall not be permitted to use the Facility and all privileges under this Agreement are terminated from and after the date of notice of cancellation is received by the Club. The payment of cancellation fees above shall not extend the Member’s right to use the Facility during the time of payment of the cancellation fees. A Member may renew the Member’s membership at any time during the term of membership at the same price and on the same terms, or within thirty days after the expiration of the Member’s term. The renewal price shall be at the then-effective pricing. The Member shall have no right to renew this Agreement at the rate of pricing herein.
10. Security Footage.
The Club will not be staffed at all times. As a result, the Club utilizes extensive security equipment including recording of video and audio footage. The Member acknowledges and consents that all activities, except for the restrooms and office spaces, are in view of security recording equipment and that no invasion of privacy shall occur by reason of the operation of such security cameras. The Member further agrees that the Member will not conduct any private or privileged matters of communication in the Facilities.
11. [Reserved.]
12. Remedies.
In the event of breach of this Agreement by a Member, the Club shall give notice by email of the breach violation or infraction by the Member. The Member shall be entitled to a meeting with management of the Club to resolve the matter and nullify the notice. If, after multiple breaches, violations and infractions, the Club determines, in its discretion exercised in good faith, that the Member’s breaches, violations and infractions have amounted to a material breach of this Agreement, the Club may terminate this Agreement before its expiration as provided in section 9. The Club may also suspend a Member’s user privileges, or impose fines. Fines shall only be paid by the Member in lieu of suspension of privileges. Suspensions may be imposed for usage during specific times and days, or may endure for a period of time not longer than the remaining term for the Member. A suspension of the Membership shall not excuse the Member from paying monthly fees.
13. Notices.
Except as provided in section 9, all notices required or permitted under this Agreement will be in writing and delivered, by email, or by certified mail, and in each instance will be deemed given upon receipt. Notice to the Member will be at the address stated above. Notice to the Club shall be given at:
KYN Golf Club LLC
Attn. CEO and/or General Manager
14811 N. 73rd St., Suite 100
Scottsdale, AZ 85260
Email: info@kyngolfclub.com
14. Dispute Resolution.
a. Arbitration. The Parties agree to submit any dispute or claims under this Agreement to binding arbitration. Either Party may request arbitration, by providing the other Party with written notice of the intent to submit a matter to arbitration. The arbitration will be governed by the Arizona Revised Uniform Arbitration Act, Ariz Rev. Stat. § 12-3001 et seq, and judgment upon the arbitrator's award may be entered in any court having jurisdiction. The prevailing Party will be entitled to an award of reasonable attorneys’ fees and costs. No class action arbitration shall be permitted. Each Member must arbitrate disputes singularly and not joined by other Members. Any jointly commenced arbitration shall be severed and arbitrated separately. The Club shall have the absolute right to prevent consolidation of any Member claims in arbitration.
b. Arbitration Rules, Single Arbitrator and Venue. The arbitration proceedings will be conducted in accordance with the American Arbitration Association (“AAA”) Rules for Commercial Arbitration, in effect at that time. The AAA Consumer Arbitration Rules shall not apply. Within thirty (30) days of notice of Arbitration, the Parties will mutually select a single arbitrator to decide the outcome of the arbitration and will have ultimate authority to resolve all matters in the arbitration. If the Parties cannot agree on a single arbitrator, the Parties shall refer the matter to AAA for administration. Arbitration will be held in the County of Maricopa, State of Arizona.
15. Governing Law; Venue.
This Agreement will be governed by and construed exclusively in accordance with the laws of Arizona without regard to principles of conflicts of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the state or federal courts in Maricopa County, Arizona, and the Parties hereby consent to personal jurisdiction and venue therein.
16. Amendment.
Amendments or alterations of any kind to this Agreement, must be in writing and signed by both Parties. Any purported oral modification shall be invalid and not void or modify this section.
17. Legal Compliance, Licenses and Permits.
a. Compliance. The Parties represent and warrant they have all authority, licenses, permits, consents and legal documentation necessary to enter into and perform under this Agreement, and will fully comply with all applicable laws, codes, and regulations, including without limit, those regarding the environment, labor and employment, data privacy, export and import and anti-corruption laws;
b. Permission. The Parties will not use, or provide the other Party with, any third party confidential or proprietary information or materials unless they have obtained written authorization from such party for the use of such information and materials.
c. Authority. The Parties represent and warrant they have full corporate power and authority to enter into and perform this Agreement and the Parties know of no contract, agreement, promise or undertaking which would prevent the full corporate execution and performance of this Agreement, and the persons executing this Agreement on behalf of the Parties have the authority to bind such Parties
18. No Third Party Beneficiaries.
This Agreement is entered into, and may be enforced, solely by the Member and the Club, and its successors and assigns. Furthermore, this Agreement does not create any rights, or obligations, that may be enforced by third parties to this Agreement against the Club.
19. Severability.
If any provision of this Agreement is found partly or wholly illegal or unenforceable, such provision will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will remain in full force and effect. As stated in section 6, this is not a contract of adhesion and proposals of alternate terms are permitted.
20. No Waiver.
The failure by either Party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. All of the remedies provided for in this Agreement are non-exclusive and without prejudice to any other rights either Party may have at law or in equity.
21. Non-Assignment.
Members shall not assign or otherwise transfer any of the Members rights or delegate the Member’s obligations under this Agreement (whether by operation of law or otherwise).
22. No Drafting Prejudice.
This Agreement is drafted and prepared, without prejudice to either Party, by mutual agreement of the attorneys for both Parties.
23. Subject Headings.
The subject headings of this Agreement are included for purposes of convenience only and will not affect the construction or interpretation of any of its provisions.
24. [Reserved].
25. Current Rules.
The following constitute the current rules of the Club. These rules are subject to change without notice and without consideration. These rules are supplemented by posted signage and other rules at the Facility. No additional consideration shall be required for any burdens imposed by amendments to the rules.
House Rules
- Golden Rule: No member's enjoyment shall infringe upon another member.
- Platinum Rule: Don’t be an idiot.
- Tee time required to access the club.
- If you need to cancel tee time, please do so as soon as feasible to ensure other members may access that time.
- Smoking is prohibited at all times.
- Food and drinks are allowed in club, but not on any turf surface, in the bays, and/or in the fitness area.
- Alcohol is not permitted at this time.
- Members and all associated persons of member acknowledge the club is under video and audio surveillance at all times. Tampering with any electronic, data, network, video and/or audio recording equipment is forbidden and will result in membership revocation and financial compensation paid to the club.
- Members and all associated persons of member acknowledge that video and/or photography may be taken at any time in the club and used for promotional, marketing, or other club activities without compensation paid.
- Member is always 100% financially responsible for any and all damage done by member and/or any associated persons of member, whether directly or indirectly, and whether with intent or not.
- Please do not adjust, change, mess with, and/or alter any settings on any electronic devices in the club, including, but not limited to, launch monitors, simulator computers, lights, thermostats, TVs, training equipment, projectors and anything attached to a power outlet and/or powered by battery.
- Use of equipment and specific activities only allowed in designated areas.
- Please do not remove any equipment (fitness, putting aids, swing aids, clubs, etc) from their respective areas.
- Please do not move furniture in the club, from one room to another, outside, etc. (just leave the furniture where it is)
- Please do not prop, wedge, leave, etc. any entrance/exit door open in the club.
- We have natural leather surfaces in the club so ask everyone to take care when using these surfaces. Please do not ever use hand sanitizer, alcohol wipes, or similar on any leather surface.
Bay Rules
- Tee time required to access the club.
- Clean, unmarked, undamaged, white golf balls only (any markers on balls, colored balls, cuts in balls, damages to balls, etc. may damage the screens).
- Clean clubs and club faces free from any dirt, sand, debris, etc. (dirt, sand, etc. may damage the screens).
- Clean golf or tennis/running shoes (NO METAL SPIKES).
- Please do not touch, move, bump, adjust, and/or disturb the Trackman 4 launch monitors, PCs, Projectors and/or any other equipment related to bays.
- Only one person in hitting area at a time.
- Before making any swing, ensure your surroundings (simulator, equipment, other players, etc.) are clear from the entire range of your swing.
- Always be aware of your full swing length, including back swing and follow through.
- All shots need to be directed towards the screen (NO EXCEPTIONS).
- All swings, practice and real, need to be taken in the hitting area (NO SWINGS OUTSIDE HITTING AREAS).
- If not hitting, always be aware of your surroundings to ensure you do not enter someone else swing range.
- Do not pull turf threads from any turf surface.
Putting Green/Room Rules
- Tee time required to access the club
- Clean, undamaged golf balls only
- Clean clubs and club faces free from any dirt, sand, debris, etc. (dirt, sand, etc. may damage the screens)
- Clean golf or tennis/running shoes (NO METAL SPIKES)
- No full swings, shots, etc. These areas are for putting only.
- Before making any swing, ensure your surroundings (simulator, equipment, other players, etc.) are clear from the entire range of your swing
- Always be aware of your full swing length, including back swing and follow through
- If not hitting, always be aware of your surroundings to ensure you do not enter someone else swing range
- Do not pull turf threads from any turf surface
Fitness Area Rules
- Tee time required to access the club
- Clean gym/running shoes only (NO GOLF SHOES)
- Use of this area and any equipment in this area is solely at your own risk
- It is your responsibility to discuss these activities and your fitness for such with your healthcare provider
- Do not remove any fitness equipment from the fitness area
- Please do not over extend, over exert, over anything yourself
Offices
- Tee time required to access the club
- Members ONLY, Guests and Spectators are not allowed to use the offices
- For now, the offices are available on a first come, first serve basis
- Offices are for temporary, short-term use only to provide flexibility to our members
I have read the foregoing Member Agreement and agree to all of its terms. I am aware that small writing and scrolling require extra time to read and understand. If I have not read what I am saying that I have read, I am still responsible and agree to the contents. If I read and did not understand what I signed, I am still responsible and agree to the contents. This is my time to ask questions and get clarification and I am satisfied that I have had an adequate opportunity to do so.