THE BAYS MEMBERSHIP TERMS, CONDITIONS AND POLICIES

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, GENERAL RELEASE AND INDEMNITY AGREEMENT

PURSUANT TO SC CODE § 15-48-10 THIS AGREEMENT IS SUBJECT TO ARBITRATION PROVISIONS INCLUDED HEREIN

* PLEASE READ THIS DOCUMENT CAREFULLY * 

BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE'S AND MINOR'S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY

BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE [BAG DROP, LLC DBA THE BAYS occasionally referred to herein as “THE BAYS”] FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF [BAG DROP, LLC DBA THE BAYS], INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS.

In consideration of the opportunity to use and become a member of The Bays premises (“Premises”), defined as the Bays facility, parking lot, common areas of the building for access purposes only, golf simulators and related equipment and components, I hereby agree to the following terms and conditions of membership:

Access Policy/Hours of Operation. Booking a reservation is required in order to access golf bays. You may book your reservation via app. You will receive instructions on the use of our booking services. You may book reservations up to 7 days in advance. You may book and hold one reservation at a time.  You will be given access to the Premises during hours of operation. From time to time, and in their sole discretion, The Bays may make changes to the days and hours that the Premises are open for business and/or member access hours. You understand that The Bays will be busier at certain times than others on different days of the week. Subject to the aforementioned limitations, The Premises will be open for use 7 days per week and holidays and will be open for bookings 24 hours a day The Bays reserves the right to modify days or hours of operation at its sole discretion. Personalized modes of access such as fobs, codes, or any other methods may only be utilized by you, the named member, and may not be shared with any third party/non-member. Limited memberships entitle a single member to 5 hours of social bay usage. Additional hours may be purchased at a rate for an additional charge. Full memberships entitle a single user to unlimited bay usage. An unlimited member may hold a single reservation at a time. The maximum amount of hours for any single member reservation is 3. The private bay may be booked by limited members for an additional fee. Unlimited members may book the private bay without incurring an additional charge. The Bays reserves the right to modify or amend these terms and conditions at any time.

Members must be at least 21 years of age. A membership entitles only the member benefits included herein.

Pricing. You are availing yourself to pricing disclosed to you at the time of purchase, confirmed and accepted by providing payment via the YGB system. 

Payment. In consideration for receiving the ability to utilize The Bays, you agree to be pay the agreed upon rates and fees, as determined by the offer and/or promotion to which you have availed yourself. Terms of any promotions will be disclosed to customers before purchase. If you have not prepaid, Payment will be due on the first day of each month of your membership, in advance. If a promotional rate expires, the remainder of the month will be prorated based on the rates current at that time. 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 hello@thebaysgolf.com. Any additional charges you incur under this Agreement will also be charged to your Payment Method. If you wish to terminate your membership, you must notify The Bays at hello@thebaysgolf.com no later than 7 days before the end of the month. If you fail to so notify, 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. Please note that if you terminate your membership, reinstatement may require, at The Bays’ sole discretion, an additional initiation fee and, potentially, being added to our waitlist. From time to time, The Bays may avail itself of account updating services provided by the payment card industry. By enrolling in your membership, you hereby agree and authorize The Bays 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 updated programs.

Suspension/Termination of Membership. The Bays may suspend or terminate your membership at any time for breach of this Agreement or for any other reason by giving you written notice, via email or by mail, of such suspension or termination, with or without cause. If The Bays suspends or terminates your Membership, access to The Bays will be suspended or deactivated, 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 The Bays, 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 The Bays will refund the unused portion.

Changes to Policies, Premises: The Bays may publish and amend policies and regulations to the Premises via email communication or by posting on our website or modify the Membership Fee via email communication or by posting on our website from time to time and for any reason; provided, however, that The Bays 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 The Bays to charge the new Fee (plus applicable taxes) to your Payment Method. The Bays reserves the right to suspend, modify or end your Membership without prior notice, in its sole discretion.

Guest Policy. You may invite guests to join you when visiting the Premises. Each of our bays facilitate a maximum of four (4) players. Guests in social areas and three social bays must be accompanied by a member and must be at least 21 years of age. Guests in the private bay must be at least 5 years of age. All guests must be accompanied by a member, and guests under the age of 18 must be supervised by a legal guardian and are not permitted in the social bay area or the member lounge unless otherwise notified by The Bays.. Guests shall be subject to all the rules and policies herein and must sign a Guest Release Agreement/Waiver before entering the Premises, or, in the case of guests under the age of 18, have a Waiver signed on their behalf by the child’s legal guardian. The Release Agreement will be available on site and, upon request, may be provided via email to guests in advance. IF YOUR GUEST IS A MINOR (under the age of 18), THEIR PARENT OR GUARDIAN MUST COMPLETE AND SIGN A RELEASE AGREEMENT/WAIVER before accessing The Bays facility, no exceptions. REGARDLESS OF WHETHER YOUR GUEST EXECTUES A RELEASE AGREEMENT/WAIVER, YOU WILL BE RESPONSIBLE FOR, AND WILL INDEMNIFY AND DEFEND THE BAYS AGAINST, ANY AND ALL CLAIMS BROUGHT BY A GUEST AGAINST THE BAYS TO THE SAME EXTENT AS YOUR OBLIGATIONS TO THE BAYS UNDER SECTION 9 BELOW. YOUR ARE JOINTLY AND SEVERALLY RESPONSIBLE FOR ANY DAMAGE TO PROPERTY A GUEST CAUSES. GUESTS ARE SUBJECT TO THE POLICIES AND RULES SET FORTH IN SECTION 10 BELOW.

Reservation Cancellation. You may cancel a reservation upon at least four hours prior notice on the app. For your noncompliance with this cancellation policy, The Bays, in its sole discretion, may charge you an additional fee for each hour booked but unused due to no-show.

 Consideration and Liability. For the right to participate in any of the services or activities at The Bays premises (the “PREMISES”), including but not limited to, golf events, golf play, leagues, tournaments, lessons, social events and activities, access to the member lounge, private or social bays, private booth, or any other activity that does or reasonably could take place at The Bays (collectively “ACTIVITIES”), provided by The Bays and its agents, owners, parent company, subsidiaries, affiliated facilities, directors, principals, volunteers, participants, clients, customers, invitees, employees,independent contractors, insurers, facility operators, and any and all other persons and entities acting in any capacity on its behalf (collectively The Bays”), I, on behalf of myself, and my spouse, guests, legal partner, children, wards, heirs, assigns, personal representatives and estate, if any (“My People”), hereby: acknowledge, agree or represent (as the case may be): (a) that immediately upon entering or participating I will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that the PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My People and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My People and me; (c) that My People and I are in good health and in physical condition to participate in the ACTIVITIES that The Bays provides; (d) that during the ACTIVITIES neither I nor My People will be intoxicated or utilizing any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any activities by a health professional; and (f) that we are under no obligation to participate in any ACTIVITIES against our will; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury; (h) that it is my sole responsibility to determine whether we are sufficiently fit and healthy enough to participate in ACTIVITIES; (i) that we are familiar with and will abide by the rules established for the ACTIVITIES, which include without limitation the rules posted at the PREMISES, available by QR Code, or on the related website; (j) we accept sole responsibility for our own conduct and actions, as well as the conduct and actions of each other while participating in the ACTIVITIES, and the condition and adequacy of the equipment. (k) we agree that we will never provide either intentionally or unintentionally alcoholic beverages to anyone under the age of 21 on The Bays premises.

Assumption of Risk and Release of Liability. If a minor child accesses The Bays as my guest, I acknowledge that I and/or my spouse have full authority as parent or legal guardian to bind the minor participant to this release and agreement (“AGREEMENT”). On behalf of myself and My People, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; third party behavior, building malfunctions; swinging golf clubs; lack of supervision; lack of proper equipment, or other safety measures; slipping; falling; landing; or colliding with objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), The Bays, and/or any other person and/or The Bays, while on the PREMISES; (b) voluntarily assume all such risks; (c) understand and acknowledge that The Bays may not be held liable for defective products or equipment. Despite all known and unknown risks including but not limited to serious bodily injury, that may be sustained while on the PREMISES, on behalf of myself and My People I hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue The Bays, and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by The Bays while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any itemFor the right to participate in any of the services or activities at BAG DOP, LLC’s (“The Bays”) premises (the “PREMISES”), including, but not limited to, spending time at The Bays located at 736 Coleman Boulevard, Suite 110, accessing property leased or owned by The Bays, utilizing simulators owned or oproated by The Bays, participating in tournament play, league play, fitness activities, golf lessons, lounge or privacy bay use, golf play and affiliated activities, snack/wet bar access, locker acces, and any other amusement activities associated with or participated in at The Bays, provided by The Bays and its agents, owners, parent company, subsidiaries, affiliated facilities,officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on its behalf, I, on behalf of myself, and my spouse, legal partner, children, wards, heirs, assigns, guests, personal representatives and estate, if any (“My People”), hereby: acknowledge, agree or represent (as the case may be): (a) that immediately upon entering or participating I will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that the PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My People and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My People and me; (c) that My People and I are in good health and in physical condition to participate in the ACTIVITIES at The Bays; (d) that during the ACTIVITIES neither I nor My People will be intoxicated or under the influence of any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any activities by a health professional; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission

 on the part of The Bays.

 Indemnification. I understand that the known and unknown risks may be caused in whole or in part by the actions or inactions of myself or My People, or by the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of The Bays, and in consideration of being allowed, along with My People to enter onto and into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself and My People while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, including any such loss due to the sole or partial negligence of The Bays and agree to indemnify and hold harmless The Bays from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by The Bays as a result of any claims asserted by me or My People against The Bays, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments The Bays incurs in the event of such loss whether caused by the negligence of The Bays and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless The Bays for any injury, damage and/or harm that I or My People cause to The Bays or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of The Bays.

 Liability for Property Damage. I, on behalf of myself and My People, agree that The Bays is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES including, whether or not The Bays was negligent. I agree that I am personally liable to The Bays for any damage I cause to any property, fixtures, mats, windows, equipment, technology, screens, or any other item at The Bays, and will be required to pay to The Bays the full retail value of the damaged item(s) or property immediately upon request from The Bays. A demand for payment of such damages may be formatted by email, text, letter, verbally, or by any other method chosen by the Bays to the responsible party. After a demand is provided, The Bays reserves the right to charge the card on file for the full retail amount of the damage, whether the damage was intentional, reckless, negligent or unintentional.

 Attorneys Fees. To the extent permitted by law, I promise to indemnify and pay The Bays for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.

Photo Release. By entering the PREMISES, on behalf of myself and My People I hereby grant to The Bays the irrevocable right and permission to photograph and/or record us on the PREMISES and to use the photograph and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, without compensation.

Terms of this Agreement. I understand that this AGREEMENT extends forever into the future and will have full force and legal effect each and every time I or My People visit the PREMISES. I agree that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of this state. The rules listed in the Safety and Conduct Policy, above, are hereby incorporated, and any damage resulting from failure to comply with these policies which cause damage will also result in payment by you to The Bays for any damage incurred.

Safety and Conduct Policy. By participating at the The Bays facility, you agree to abide by the following safety and conduct rules, as well as any other rules posted at the Premises or communicated to you via email from The Bays. 

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 turf or in designated seating areas at all times 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; clean tennis shoes and spikeless golf shoes are permitted.

Use clean clubs and only utilize clean golf balls provided by The Bays in the facility. Take note that dirty balls and clubs may damage the equipment, and that you will be responsible for any damage they cause.

Golf swings to be made in the hitting bay only.

You are under recorded video surveillance; any damages to The Bays must be reported immediately to hello@thebaysgolf.com. 

Service animals are permitted. No pets.

No smoking inside the premises.

No illegal substances are permitted on premises.  

No liquor is permitted on the premises.

No alcohol may be provided to or shared with anyone under 21 years of age.

In case of emergency, please call 911 before notifying The Bays via email at hello@thebaysgolf.com. 

Subject to the exceptions listed in the “Guest Policy, minor children are not permitted on Premises. From time to time and at its discretion, The Bays may establish events or hours during which minors will be permitted on Premises. 

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.

17. Violation Of Posted Rules and Regulations. All members and guests are subject to compliance with any rules and regulations of The Bays provided herein, that may be posted from time to time on the Premises, are available on our website, or sent via email from The Bays. In the event that you fail to comply with said rules and regulations, The Bays may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. The Bays 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.

18. Injuries. You will immediately report any accident or injury suffered on the The Bays Premises to hello@thebaysgolf.com, and you will provide a written report from your doctor within a reasonable time, if requested by The Bays.

19. 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 conduct may result in suspension or cancellation of your membership. Inappropriate conduct will be defined in the sole discretion of The Bays, and includes but is not limited to, illegal drug use, sharing key fobs or other means of personalized access with non-members, inappropriate or hostile treatment of members or guests. 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 The Bays by other members or their guests.

20. Temporary Closure. The Bays may temporarily close the facility, in whole or in part, at its sole discretion for repairs, cleaning, or private events.

21. Limitation Of Liability. The Bay’s liability for any damage or action shall be capped at the amounts paid by Member hereunder.

22. Use Of The Bays Name/Logo/Images: Member use of The Bays promotional or display materials, including any images or materials (collectively, “Images”), that refer to or depict the The Bays facility or The Bays’ name, logo, symbol, trademark or tradename (collectively, “The Bays Marks”) shall be subject to The Bays’ 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 The Bays. You have no rights or interests in any intellectual property owned or licensed by The Bays. Please note that permission is at The Bays’ sole discretion and, if granted, will only be granted under certain conditions and/or subject to you entering into a separate agreement with The Bays.

23. Arbitration: I AGREE TO THE FOLLOWING ARBITRATION TERMS. I UNDERSTAND THAT ARBITRATION IS A NON-JUDICIAL, BINDING MEANS OF RESOLVING DISPUTES. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall be individuals currently or previously licensed to practice law in the state of South Carolina who were at no point disbarred. The place of arbitration shall be Charleston, South Carolina, unless otherwise agreed to by the parties. The arbitration shall be governed by the laws of the State of South Carolina. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Pursuant to the Commercial Arbitration Rules, the arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Issues of arbitrability are to be determined by the arbitrator(s).

24. Judicial Remedies for Non Arbitrable Disputes: Should any dispute be deemed inarbitrable either by statute or by an arbitrator/the arbitrators, 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.

25. 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. The Bays may assign this Agreement and, provided that the assignee agrees to assume the obligations of The Bays in this Agreement, The Bays 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 South Carolina, and the parties hereto agree to the venue in the District in which The Bays is located.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 The Bays. 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.

By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against The Bays on the basis of any claim from which I have released The Bays and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless The Bays from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by The Bays as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by myself or My People against The Bays related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS SUSPENDED OR TERMINATED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT.