Member Assumption of Risk and Release:
MEMBER HEREBY RELEASES, DISCHARGES, AND WAIVES ANY CLAIM AGAINST BREAK 80 GOLF LLC. AND ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND ANY AND ALL OTHERS FROM ANY AND ALL DAMAGES, INJURIES, OR DEATH RESULTING FROM MEMBER`S OR ANY GUEST OF MEMBER`S USE OF ANY BREAK 80 FACILITIES OR PARTICIPATION IN ANY BREAK 80 GOLF, LLC. EVENT, PROGRAM OR CLASS. MEMBER AND GUEST ASSUME ALL RISK, INCLUDING GROSS NEGLIGENCE AND HIDDEN DANGERS.
ACKNOWLEDGES THAT THEY ARE AWARE THAT PHYSICAL ACTIVITIES MAY INVOLVE THE POSSIBILITY OF INJURY AND EVEN DEATH. MEMBER REPRESENTS THAT MEMBER IS IN GOOD HEALTH AND DOES NOT SUFFER FROM ANY INFIRMITY, ILLNESS, DISEASE, IMPAIRMENT, OR PHYSICAL CONDITION THAT WOULD PREVENT MEMBER FROM PARTICIPATING IN ANY OF THE ACTIVITIES, EVENTS, CLASSES, OR PROGRAMS OF BREAK 80 GOLF, LLC. WITHOUT RISK OF HARM OR INJURY. MEMBER REPRESENTS TO BREAK 80 GOLF, LLC. THAT MEMBER HAS PERMISSION AND APPROVAL OF MEMBER`S PHYSICIAN TO PARTICIPATE IN THE PHYSICAL ACTIVITIES, PROGRAMS, EVENTS, AND CLASSES AT BREAK 80 GOLF, LLC. IF MEMBER DOES NOT HAVE SUCH PERMISSION, MEMBER HEREBY ASSUMES THE RISK OF INJURY AND DEATH, WHICH MAY RESULT FROM SUCH ACTIVITIES.
Policy Statement
BREAK80 MEMBERSHIP POLICIES AND CLUB RULES
The following policies and rules apply to all members (each a “Member”) and guest (each a “Guest”) of BREAK 80 GOLF, LLC d/b/a Break80 (“Break80”). Use of any Break80 facility, service, product, or other offering constitutes acceptance of these Policies and Rules (as hereinafter defined).
Break80 designed these Membership Policies (“Policies”) and Club Rules (“Rules”), including rules listed here and rules posted on our website at www.break80.golf, as updated from time to time, to ensure a safe and enjoyable environment in which to play virtual golf at Break80. Please be thoughtful and observe the Policies and Rules and, to the extent practicable, help ensure that all Members and Guests do the same. Break80 may, in its sole discretion, modify the Policies and Rules without notice at any time. It is each Member`s and Guest`s responsibility to know and follow the most current Policies and Rules. All signs posted in a club or on Break80`s premises shall be considered a part of the Policies and Rules of Break80. The following Polices and Rules replace all previous Policies and Rules. If there is any conflict between these Policies and Rules, and the posted Club Rules, these Policies and Rules apply.
(1) Member`s use of and access to any Break80 facility, including the facility identified on Member`s membership agreement is subject to these Rules and Policies. Fees for membership are listed on Member`s membership agreement. The membership fee does not include fees for additional services available at Break80 (including but not limited to designated classes, events, training, etc.).
(2) Member agrees that any renewals and/or upgrades of any kind automatically renew Member`s membership agreement for one (1) month on a month-to-month basis.
(3) Member understands and acknowledges that Break80 is private to Break80 members and authorized guests, and that there is limited supervision of the premises. Member assumes the risk of using Break80 facilities unsupervised and in an unguarded facility. Member assumes any and all risk. Member agrees that in the event Member should cause, either directly or indirectly, in whole or in part, damage to any property or person, Member shall be liable for such damage, and Member shall defend, indemnify, and hold Break80 harmless and safe from any and all loss, liabilities, damage, claim, or litigation arising out of such damage or loss.
(4) Member agrees to notify Break80 of any and all changes in the Member`s electronic payment information or personal information. Member must update a Method of Payment Form and submit to Break80 within five (5) days prior to the next scheduled Member electronic payment date. Member`s failure to comply can result in the loss of Break80 membership privileges and/or the acceleration of this agreement.
(5) All monthly payments are due on the date specified on Member`s membership agreement or the first available business date in the event of a bank holiday. If automatic electronic payment or draft is returned or not paid for any reason, a non-refundable $15.00 (fifteen-dollar) return fee will be charged to Member and electronic payment will be re-submitted if payment and/or fee is not collected. Any payments cancelled or refused by the Member are subject to a $50 (fifty-dollar) chargeback fee in addition to the original payment. The contract return fee and chargeback fee may be increased as necessary with thirty (30) day notice to member by email, letter, website, sms/text message, app push notification ,or website announcement.
(6) Member acknowledges and accepts the term of month-to-month drafts. Member and/or add-on (spouse, children) (“add-on” members) CANNOT and WILL NOT be cancelled by the Member before the end of the initial term stated in this agreement or before total financial obligation stated in the agreement has been satisfied. An add-on can be joined to a primary member`s account at any time. The primary`s contract will automatically be renewed for an amount of time equal to the initial term at Break80`s then-current rates. Add-on memberships are required to complete the same contract length as the primary, never to a term of less than one (1) month. Cancelling this contract requires the immediate payment of all past due balances owed at the date of cancellation on said contract for Break80 access.
(7) Members under the age of 18 (collectively, “Minors” and each a “Minor”) are eligible to use our facilities only if a parent/guardian (a “Parent”) has co-signed their contract. Minors age 14 and under must share a key with their Parent, and be accompanied by them at all times. Minors 15-17 must have their own key upon joining and do not need to be accompanied by their Parent. Upon joining, the Minor`s Parent must co-sign for the financial responsibility of the Minor`s account. The Parent who co-signs is fully responsible for any fees owed to Break80. If for any reason the Minor`s account needs to be closed prior to completion, the Parent is responsible for paying any/all fees owed to Break80 and completing the cancellation process. If the account is sent to collections at any time, the Parent whom co-signed for the contract will be held accountable for any/all fees due to Break80.
(8) Parent understands and acknowledges that Break80 is private to Break80 Members and Guests and that there is limited supervision of the premises. Parent assumes the risk of the Minor using Break80 facilities unsupervised and in an unguarded facility. Parent assumes any and all risk, and shall be responsible for Minor`s own negligent and/or intentional conduct. Parent does hereby agree that in the event the Minor should cause, either directly or indirectly, in whole or in part, damage to any property or person, Parent shall be liable for such damage, and Parent shall defend, indemnify, and hold Break80 harmless and safe from any and all loss, liability, damage, claim, or litigation arising out of such damage or loss.
(9) PARENT AGREES THAT THEY HAVE INSPECTED THE FACILITIES AND EQUIPMENT TO BE USED, AND IF THE PARENT BELIEVES ANYTHING IS UNSAFE, HE/SHE SHOULD IMMEDIATELY ADVISE BREAK80 OF SUCH CONDITION(S) AND REFUSE TO HAVE THEIR CHILDREN PARTICIPATE. PARENT ACKNOWLEDGES AND FULLY UNDERSTANDS THAT EACH PARTICIPANT WILL BE ENGAGING IN ACTIVITIES THAT MAY INVOLVE RISK OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY AND DEATH. PARENT ASSUMES ALL THE FOREGOING RISK AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING ANY INJURY, PERMANENT DISABILITY OR DEATH. PARENT RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE BREAK 80 GOLF, LLC., ITS AFFILIATED CLUBS, ADMINISTRATORS, DIRECTORS, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LEASERS OF PREMISES FROM ANY AND ALL LIABILITY TO EACH OF THE UNDERSIGNED, HIS OR HER HEIRS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES, LOSSES OR DAMAGES ON ACCOUNT OF INJURY, INCLUDING DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF BREAK 80 GOLF, LLC., OR OTHERWISE.
(10) The primary account holder has the right to remove any add-on. Add-ons will then be responsible for the remainder of the term of the membership agreement, at the current rate of a single member, and must provide method of payment in order to continue membership with Break80 facilities, and will be subject to all Policies, Rules, and fees.
(11) Member acknowledges that their membership agreement will expire at the end of the term stated. Break80 will continue to give Member access on a month-to-month basis at the month-to-month current rate. Cancellations will only be effective by signing the Cancellation Form; never by verbal notice or confirmation. Completion of the Cancellation Form must be submitted at least five (5) days before the contract-specified dues draft date. If the Cancellation Form is not completed by such time, the Member must pay one additional month.
(12) Member acknowledges and accepts that Break80 may cancel Member`s membership agreement anytime the Break80 rules, polices and/or regulations are violated by Member, Parent or Minor.
(13) In the event Member fails to timely pay any amount due Break80 under the terms and conditions of their membership agreement, Break80 may suspend Member`s rights to use Break80 facilities until Member cures the default or Break80 may require Member who is in default to pay the entire unpaid balance owed to Break80 and Break80`s reasonable attorney`s fees and costs to collect payment due.
(14) Member agrees that these Rules and Policies, together with such Member`s membership agreement, shall be governed and construed in accordance with the laws of the State of Texas and that venue for any legal action shall be in the courts of Fort Bend County, Texas.
(15) All notices to Member shall be sent to the address provided by Member. All notices to Break80 shall be sent by certified mail, return receipt requested to BREAK80 GOLF, LLC., 12603 SOUTHWEST FREEWAY, SUITE 400, STAFFORD, TX 77477.
(16) Member acknowledges that by signing this Agreement, Break80 may contact the member at the member`s provided email address or by sms/text message the the member`s provided cell phone. Member acknowledges that they may opt out of emails and sms/text messages by using the provided unsubscribe options.
(17) When using Break80 facilities or being present at Break80 facilities, Member shall comply at all times with the following Rules:
a. Member shall not bring unauthorized or unregistered guests into Break80 at any time. Break80 facilities are monitored by camera 24 hours a day, 7 days a week. A guest fee, where applicable, will be assessed to Member for any Member`s guest that is not authorized or included in the member`s contract provisions.
b. Member is required to have in their possession their personal in app / access key during each visit to Break80 for use checking-in to any Break80 facility. Any Member not in possession of their personal access key will not be able to access the facility.
c. Member shall provide all of Member`s personal athletic equipment and clothing.
d. Member shall not engage in or conduct any type of commercial or personal business activity while on Break80 premises and Member and guests shall not act as trainers, coaches or instructors for other members or guests, without prior approval by BREAK 80 GOLF, LLC.
e. Member shall comply with Break80 dress codes for all activities in which Member and guests participate. Member shall wear proper golf attire. SHIRTS WITH SLEEVES, PANTS or SHORTS, AND GOLF SHOES or SNEAKERS ARE REQUIRED TO BE WORN AT ALL TIMES. Golf shoes or cleats with metal spikes are prohibited.
f. Member shall not use loud or profane language on Break80 premises nor shall Member molest, badger, assault, or harass other Break80 Members, Guests or employees in any way or they will face suspension of membership privileges, and/or appropriate legal action.
(18) Member shall not be released from the obligations to make all payments required by the terms of the Membership Contract.
(19) In the event Member fails to use their Break80 membership privileges or included services, Member shall not be released from the obligation to make all payments required by the terms of this Membership Contract.
(20) IN ADDITION TO THE PAYMENT OF FEES, THE MEMBER DOES THE FOLLOWING:
a. HEREBY RELEASES, DISCHARGES, AND WAIVES ANY CLAIM AGAINST BREAK 80 GOLF, LLC. AND ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND ANY AND ALL OTHERS FROM ANY AND ALL DAMAGES, INJURIES, OR DEATH RESULTING FROM MEMBER`S OR ANY GUEST OF MEMBER`S USE OF ANY BREAK 80 FACILITIES OR PARTICIPATION IN ANY BREAK 80 GOLF, LLC. EVENT, PROGRAM OR CLASS. MEMBER AND GUEST ASSUME ALL RISK, INCLUDING GROSS NEGLIGENCE AND HIDDEN DANGERS.
b. ACKNOWLEDGES THAT THEY ARE AWARE THAT PHYSICAL ACTIVITIES MAY INVOLVE THE POSSIBILITY OF INJURY AND EVEN DEATH. MEMBER REPRESENTS THAT MEMBER IS IN GOOD HEALTH AND DOES NOT SUFFER FROM ANY INFIRMITY, ILLNESS, DISEASE, IMPAIRMENT, OR PHYSICAL CONDITION THAT WOULD PREVENT MEMBER FROM PARTICIPATING IN ANY OF THE ACTIVITIES, EVENTS, CLASSES, OR PROGRAMS OF BREAK 80 GOLF, LLC. WITHOUT RISK OF HARM OR INJURY. MEMBER REPRESENTS TO BREAK 80 GOLF, LLC. THAT MEMBER HAS PERMISSION AND APPROVAL OF MEMBER`S PHYSICIAN TO PARTICIPATE IN THE PHYSICAL ACTIVITIES, PROGRAMS, EVENTS, AND CLASSES AT BREAK 80 GOLF, LLC. IF MEMBER DOES NOT HAVE SUCH PERMISSION, MEMBER HEREBY ASSUMES THE RISK OF INJURY AND DEATH, WHICH MAY RESULT FROM SUCH ACTIVITIES.
c. ACKNOWLEDGES THAT BREAK80`s SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC DEVICES, INCLUDING AND NOT LIMITED TO COMPUTERS, DOOR ACCESS, PROJECTORS, MONITORS, SOFTWARE, RADARS, COMMUNICATIONS, ETC.
d. OTHER THAN THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH, BREAK80 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, SOFTWARE OR HARDWARE PROVIDED FOR USE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE.
(21) At all times while using Break80 facilities, Member shall comply with all of the terms and provisions of their membership agreement and the Rules, Policies and regulations regarding the use of Break80 facilities as may be in effect from time to time. In the event Member fails to comply, Break80 may suspend the Member`s right to use Break80 facilities. During the periods of any such suspension if the Member continues to violate the terms of this agreement or Rules, Policies or regulations of Break80, Member`s membership may be terminated by Break80 and Member shall not be entitled to reimbursement for any amount of membership fees or dues, which were paid and Member will be responsible for any and all remaining financial obligations of this agreement.
(22) Break80 may assign or transfer Break80`s interest in this agreement without notice to Member. Member shall not assign any of its rights or obligation under this agreement.
(23) Members are urged not to bring valuables to Break80. Break80 is not responsible or liable for loss, theft, or damage to the personal property of Member on the premises, including and not limited to the facility, parking lots, parking garages, valet parking, etc.
(24) Break80 prohibits the use of illegal drugs or consumption of alcohol and Member agrees not to use any illegal drugs or alcohol on Break80 premises. Member recognizes and acknowledges there are serious criminal and civil penalties for the illegal possession; sale, use, trading or exchange of illegal drugs and no such activity is allowed upon Break80 premises.
(25) Notice to purchaser: Do not sign this contract until you read it or if it contains blank spaces.
(26) If you decide you do not wish to remain a member of this facility, you may cancel this contract by mailing to Break80 by midnight of the third business day after the day you sign this contract a notice stating your desire to cancel this contract. The written notice must be mailed by certified mail to the following address: 12603 Southwest Freeway, Suite 400, Stafford, TX 77477
(27) If you die or become totally and permanently disabled after the date this contract takes effect, you or your estate may cancel this contract and receive a partial refund of your unused membership fee by mailing a notice to Break80 stating your desire to cancel this contract. The facility may require proof of disability or death. The written notice must be mailed by certified mail to the following address: 12603 Southwest Freeway, Suite 400, Stafford, TX 77477
(28) If Break80 goes out of business and does not provide facilities within 10 miles of the facility in which you are enrolled or if Break80 moves more than 10 miles from the facility in which you are enrolled you may cancel this contract by mailing by certified mail a written notice stating your desire to cancel this contract, accompanied by proof of payment on the contract with Break80 at the following address: 12603 Southwest Freeway, Suite 400, Stafford, TX 77477
Hole in One Club Members elect to contribute $5 each month to a communal pot. Pot size is based on the number of members contributing to the club (minimum $200 payout) and rolls over every month without a hole in one. Whenever a member scores a hole in one during a club-recognized, 18-hole round of golf, they win the entire pot. It’s a simple, exciting way to add a little extra thrill to the game and reward those rare, unforgettable shots.