Membership Terms, Conditions & Policies

01 Access Policy & Hours of Operation

The hours of operation are from 6:00 a.m. until 12:00 a.m., 7 days a week. If there is a private event, membership access may be limited to before and/or after the event.

02 Members

Members must be 21 years of age or older. Guests may be under 21 but must be accompanied by the hosting member.

03 Payment

Membership fees shall be billed to your Payment Method on the first day of each month of your membership, in advance. 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 club@avidcaddie.com. Any additional charges you incur under this Agreement will also be charged to your Payment Amount.

If you wish to terminate your membership, you must notify Avid Caddie at club@avidcaddie.com no later than 7 days before the end of the month. If you fail to do so in the time frame, 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.

04 Suspension / Termination of Membership

AVID CADDIE 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 AVID CADDIE suspends or terminates your Membership, your door 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 AVID CADDIE, 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 AVID CADDIE will refund the unused portion.

05 Changes to Policies & Premises

AVID CADDIE 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 AVID CADDIE will give prior notice via e-mail 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 on each payment date after the effective date of such change, and you authorize AVID CADDIE to charge the new fee to your payment method. AVID CADDIE reserves the right to suspend, modify, or end your membership without prior notice, in its sole discretion.

06 Guest Policy

You may invite guests to join you when visiting the premises. Guests shall be subject to all the rules and policies herein and must sign a guest Release Agreement upon entry of the Premises. The Release Agreement can be found on the Premises. All guests must sign the guest Release Agreement and leave it at the Premises.

07 Reservation Cancellation

You may cancel a reservation upon at least two hours prior notice on the Club Central app. If you fail to show for your reservation (without the appropriate cancellation) more than three times per year, your membership may be terminated, in the sole discretion of AVID CADDIE, for your noncompliance with this cancellation policy.

08 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 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:

• I hereby release, indemnify, defend, and hold harmless AVID CADDIE, 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.
• I recognize the physical exertion involved in the use of the Premises and 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 AVID CADDIE.
• 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).
• 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.
• 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.

09 Limitation of Liability — Premises & Services

You further agree that AVID CADDIE, its affiliates, subsidiaries, members, managers, employees, and agents (“AVID CADDIE 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 AVID CADDIE Parties from all such Claims except to the extent any Claims result directly from any negligence on the part of one or more of the AVID CADDIE Parties. You further agree to defend, indemnify and hold harmless the AVID CADDIE Parties from and against any and all such Claims, attorneys’ fees and costs, and costs of collection incurred by the AVID CADDIE Parties in connection with the Claims as well as any damages incurred by the AVID CADDIE Parties for breach of this Agreement.

10 Safety & Conduct Policy

By participating at the AVID CADDIE facility, you agree to abide by the following safety and conduct rules, as well as other rules posted at the Premises or communicated to you via email from AVID CADDIE:

• 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 bay in the concrete 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; tennis shoes and spike-less golf shoes are permitted.
• Use clean clubs and golf balls free of debris, markings, abrasions, etc.
• Golf swings to be made in the hitting bay only.
• You are under video surveillance; any damages to AVID CADDIE must be reported immediately to club@avidcaddie.com, and repair fees may be charged to your member account.
• No pets allowed.
• No smoking.
• In emergencies, call 911 and notify AVID CADDIE immediately at club@avidcaddie.com.
• At least one member must accompany any guest(s) during premises access and use.
• Any minor(s) must be accompanied by a member 21 or older who will physically remain on site to supervise the minor for the duration of the minor’s stay.
• 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.

11 Violation of Posted Rules & Regulations

All members and guests are subject to compliance with any rules and regulations of AVID CADDIE that may be posted from time to time on the Premises or via email from AVID CADDIE. In the event that you fail to comply with said rules and regulations, AVID CADDIE may (1) suspend all membership privileges, or (2) void this Agreement and revoke all membership privileges.

AVID CADDIE 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.

12 Injuries

You will immediately report any accident or injury suffered on the AVID CADDIE Premises to club@avidcaddie.com, and you will provide a written report from your doctor within a reasonable time, if requested by AVID CADDIE.

13 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, 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 AVID CADDIE by other members or their guests.

14 Damage to Facilities

You agree to pay for damage to AVID CADDIE Premises and third-party property outside of AVID CADDIE caused by your and/or your guests’ careless use of equipment or other intentional or negligent acts.

15 Temporary Closure

AVID CADDIE may temporarily close the facility in its sole discretion for repairs or cleaning.

16 Limitation of Liability

In no event shall AVID CADDIE be liable to you for indirect, special, or consequential damages of any nature whatsoever. AVID CADDIE’s liability hereunder shall be capped at the amounts paid by member hereunder.

17 Use of AVID CADDIE Name, Logo & Images

Member use of AVID CADDIE promotional or display materials, including any images or materials (collectively, “Images”), that refer to or depict the AVID CADDIE facility or AVID CADDIE’s name, logo, symbol, trademark or tradename (collectively, “AVID CADDIE Marks”) shall be subject to AVID CADDIE’s 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 AVID CADDIE.

You have no rights or interests in any intellectual property owned or licensed by AVID CADDIE. Images may not be used to state or imply the endorsement by AVID CADDIE or of any AVID CADDIE personnel with any a commercial product, process or service, or used in any other manner that might mislead or imply any approval, sponsorship, endorsement or affiliation between you and AVID CADDIE. Commercials or other promotional messages may not be filmed at the AVID CADDIE facility unless you enter into a separate agreement with AVID CADDIE expressly permitting such use.

You may not use trademarks, logos, or other content that is confusingly similar to the AVID CADDIE Marks. If you wish to obtain AVID CADDIE’s permission for any uses of Images or the AVID CADDIE Marks or for any other use which is not specifically addressed in this Agreement, or you become aware of unauthorized use of the AVID CADDIE Marks, please contact club@avidcaddie.com. Please note that permission is at AVID CADDIE’s sole discretion and, if granted, will only be granted under certain conditions and/or subject to you entering into a separate agreement with AVID CADDIE.

18 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. AVID CADDIE may assign this Agreement and, provided that the assignee agrees to assume the obligations of AVID CADDIE in this Agreement, AVID CADDIE 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 Colorado, and the parties hereto agree to the venue of the District Court of Douglas County.
• 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 AVID CADDIE. 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.