TERMS
AND CONDITIONS
Membership
Terms, Conditions, and Policies.
This membership agreement is entered
into between the member identified below on the signature page of this
agreement and MJCH Golf, LLC (hereinafter MJCH). In consideration of the
opportunity to use MJCH’s Premises (“Premises”) shall be defined as the MJCH
facility located at
660
Grant Street, Blair, Nebraska 68008, parking lot, common areas of the building
for access purposes only, golf simulators, and related equipment, and
components), the Member agrees to the following terms and conditions of
membership.
1.
Access Policy/Hours of Operation. Booking a reservation is
required. You may book your reservation via our website at www.bierteegolf.com.
You will be given a code to access the Premises. You understand that MJCH will
be busier at certain times than others on different days of the week. The
Premises will generally be open for use seven (7) days per week and holidays from
5:00 a.m. to midnight, but MJCH reserves the right to close the Premises as
necessary and in the discretion of MJCH. The access code is only permitted to
be used by the member.
2.
Pricing. MJCH offers four different membership fee arrangements
for access to the Premises.
a.
Option 1 – Annual Basic Membership.
Members who sign up for the Annual Basic
Membership will be responsible for paying $288.00 in one lump sum each year.
The Annual Basic Membership provides access to the Premises throughout the
one-year period in which it is in effect. This fee covers use of the Premises
by the member only. Fees for the simulator are in addition to the membership fee
and are based on peak and non-peak times. Rates may vary. This membership offers
a $900 threshold on bay rental fees, which are reviewed
on the first of each month. Once you pass the $900 threshold, bay rentals are free
for the member for the remainder of the membership. Guest passes are free for
guests under 18 years of age and may be purchased for guests 18 years of age
and older for an additional $15.00 per guest per tee time.
b.
Option 2 – Monthly Basic Membership.
Members who sign up for the Monthly Basic Membership will be responsible for
paying $34.00 in one lump sum each month. The Monthly Basic Membership provides
access to the Premises throughout the one-month period in which it is in
effect. This fee covers use of the Premises by the member only. Fees for the
simulator are in addition to the membership fee and are based on peak and
non-peak times. Rates may vary. Guest passes are free for guests under 18 years
of age and may be purchased for guests 18 years of age and older for an
additional $15.00 per guest per tee time.
c.
Option 3 – Black Tee Membership.
Members who sign up for the Black Tee Membership will
be responsible for paying $1,104.00 in one lump sum each year. The Black Tee Membership
provides access to the Premises throughout the one-year period in which it is
in effect. This fee covers use of the Premises by the member
only. The member can book up to 2 hours each day with
no additional cost.
If the member
would like to play more than 2 hours a day, they can purchase additional hours standard
member rates. Rates may vary. Guest passes are free for guests under 18 years
of age and may be purchased for guests 18 years of age and older for an
additional $15.00 per guest per tee time.
d.
Option 4 – Annual Corporate Membership.
Corporate memberships are for companies and must be registered using a
company email address. Proof of company must be completed. The membership
includes 5 individual memberships that can only be assigned to employees at the
company. Members who sign up for the Annual Corporate Membership will be
responsible for paying $2,000.00 in one lump sum each year. The Annual
Corporate Membership provides access to the Premises throughout the one-year
period in which it is in effect for each individually registered member of the
company. This fee covers use of the Premises by the member only. Fees for the
simulator are in addition to the membership fee and are based on peak and
non-peak times. Rates may vary. Guest passes are free for guests under 18 years
of age and may be purchased for guests 18 years of age and older for an
additional $15.00 per guest per tee time.
3. Members. Members must be
twenty-one (21) years of age or older.
4. Payment. 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 you wish to terminate your membership, you must
notify MJCH no later than seven (7) days before the end of the applicable
membership period. If you fail to so notify, your membership will be renewed
under the same membership term that was previously agreed upon, and you will
not receive reimbursement for that following period but will be able to
continue to access the Premises during that time.
5.
Suspension/Termination of
Membership.
MJCH may suspend or terminate your membership at any time
for breach of this Agreement or for any other reason by giving you written
notice of such suspension or termination, with or without cause. If MJCH
suspends or terminates your membership, your access code will be suspended or
erased, 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 MJCH, 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 MJCH will refund the
unused portion.
6. Changes to Policies and Premises.
MJCH may publish and amend policies and regulations regarding the Premises via
email communication or modify the membership fee via email communication from
time to time and for any reason; provided, however, that MJCH 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 MJCH to charge the new fee (plus
applicable taxes) to your payment method. MJCH reserves the right to suspend,
modify, or end your membership without prior notice in its sole discretion.
7. Guest Policy. You may
invite guests to join you for the sole purpose of using the simulator. Guests
shall be subject to all the rules and policies. Guests are allowed to golf. The
guest pass is for the guest to use the simulator. YOU WILL BE RESPONSIBLE FOR
AND WILL INDEMNIFY AND DEFEND AGAINST ANY AND ALL CLAIMS BROUGHT BY A GUEST
AGAINST MJCH TO THE SAME EXTENT AS YOUR OBLIGATIONS TO MJCH UNDER THIS
AGREEMENT.
8. Waiver, Indemnity, and 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 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. Accordingly, you (“Releasing Party”)
agree to the
following:
a. I
hereby release, indemnify, defend, and hold harmless MJCH, its members,
managers, employees, agents, and contractors (collectively, “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.
b. I
recognize the physical exertion involved in the use of the Premises and attest
and certify that I am physically fit to participate safely.
c. 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 MJCH.
d. 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 my guest(s).
e. 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 the
activities between the Releasing Parties and the Released Parties.
f. This
Agreement shall be binding on my estate, heirs, executors, administrators,
successors, and assigns, as well as any other party asserting a claim on my
behalf or on behalf of my estate.
g. You
further agree that MJCH, its affiliates, subsidiaries, members, managers,
employees, and agents (“MJCH 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 at the facility. You expressly release and discharge the
MJCH Parties from all such negligence on the part of one or more of the MJCH
Parties. You further agree to defend, indemnify, and hold harmless the MJCH
Parties from and against any and all such Claims,
attorneys’ fees, and costs, and costs of collection incurred by the MJCH
Parties in connection with the Claims as well as any damages incurred by the
MJCH Parties for breach of this Agreement.
9. Safety and Conduct Policy.
By participating at the MJCH facility, you agree to abide by the following
safety and conduct rules, as well as other rules posted at the Premises or
communicate to you via email from MJCH:
a. Obey all verbal and posted rules and instructions. Use
common sense to protect yourself and others.
b. Members
and guests must hit from the mat. Neither running starts nor movement that
would move your feet from the mat during your swing are allowed.
c. Only
the player taking a turn is allowed near or on the mat. All other guests must always
stand behind the turf and on the carpet until it is 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.
d.
Please
wear appropriate shoes; tennis/athletic shoes and spike-less golf shoes are
permitted.
e. Use
clean clubs and golf balls that are free of debris, markings, abrasions, etc.
f. Golf
swings are to be made in the hitting bay only.
g. You
are under video surveillance; any damage to the MJCH Premises or equipment must
be reported immediately and repair fees may be charged to your member account.
h. No
pets allowed.
i
. No
smoking.
j. No
use of facilities while intoxicated, including under the influence of any drug,
whether legal (prescribed or over-the-counter) or
illegal. 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.
k. In
emergencies, call 911 and notify MJCH immediately.
l. At
least one member must accompany any guest(s) during Premises access and use.
m. Any
minor(s) must be accompanied by a member twenty-one (21) or older who will
physically remain on site to supervise the minor for the duration of the
minor’s stay.
n. Always
aim for the targets. Members are responsible for damage or injuries caused by
any balls hit outside of the hitting bay.
o. Throwing
golf balls is prohibited.
p. Only
dispense and hit one golf ball at a time.
10.
Violation of Posted Rules and
Regulations.
All members and guests are subject to compliance with any
rules and regulations of MJCH that may be posted from time to time on the
Premises or via email from MJCH. If you fail to comply with said rules and
regulations, MJCH may (1) suspend all membership privileges or (2) void this
Agreement and revoke all membership privileges. MJCH 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.
11. Injuries. You will
immediately report any accident or injury suffered on the MJCH Premises.
12. Dress Code/Personal Conduct.
Appropriate clothing and footwear are
required within the
Premises at all times
. Bare feet are not acceptable anywhere in the
Premises. Inappropriate, foul, and/or lewd language or behavior is not
acceptable and may result in suspension or cancellation of your membership. 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 MJCH by other members or their guests.
13. Damage to Facilities. You
agree to pay for damage to MJCH Premises and third-party property outside of
MJCH caused by your and/or your guests’ careless use of equipment or other
intentional or negligent acts.
14. Temporary Closure. MJCH may
temporarily close the facility in its sole discretion for repairs or cleaning.
15. Limitation of Liability. In
no event shall MJCH be liable to you for indirect, special, or consequential
damages of any nature whatsoever. MJCH’S liability hereunder shall be capped at
the amounts paid by member hereunder.
16. Miscellaneous.
a.
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.
b. Assignment.
MJCH may assign this Agreement and, provided that the assignee agrees to assume
the obligations of MJCH in this Agreement, MJCH 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.
17. Governing Law. This
Agreement is governed by the laws of the State of Nebraska.
18. 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.
19. Entire Agreement and Definition.
This document incorporates the entire Agreement between members and MJCH. 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 AMENDMENS OR CHANGES THAT WILL BE AUTOMATICALLY INCLUDED HEREIN. IN
ADDIITON, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, LIMITATION OF
LIABILITY, WAIVER, DEFENSE, INDEMNITY, AND RELEASE OF ALL CLAIMS’ PROVISIONS
SET FORTH IN THIS AG REEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH MJCH.
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.
______________________________ ____________________________________
Printed Name Signature
Date__________________________