GOAT Terms & Conditions - Golf On Any Tee

Terms and Conditions

MEMBERSHIP AGREEMENT

This Membership Agreement (this “Agreement”) sets forth the terms and conditions of your Golf On Any Tee (“G.O.A.T.”) Membership. If you have any questions, please feel free to reach out to us at [email protected] (“www.golfonanytee.com”) or (630) 965-4799.

G.O.A.T. MEMBERSHIP TERMS AND CONDITIONS

A. G.O.A.T. MEMBERSHIP TERMS: Your yearly membership fee is two thousand dollars ($2000.00). Your yearly membership will commence on the date of receipt or acknowledgement of this Agreement, and will terminated at the end of the year, in accordance with Section H below. Upon remitting your yearly membership payment, you will be subject to the Terms and Conditions set forth in this Agreement.

B. MEMBERSHIP BENEFITS: upon enrolling in our yearly membership program, you will have access to our online booking platform, where you can reserve a tee slot at one of our affiliated golf courses, in accordance with Section D below. Upon a valid and successful reservation at one of our affiliated golf courses, members will not be responsible for green fees and/or cart fees.

C. PICTURE IDENTIFICATION: Upon becoming a Member, you agree to have your picture taken for your G.O.A.T. online profile. As will be explained in Section D below, you will use your G.O.A.T. online profile to check-in at the golf course. Members may not share their G.O.A.T. information with others in order to give guests access to their Membership, as this will result in immediate termination of the Membership without refund. See Section E.

D. RESERVATIONS:

a. HOW TO RESERVE A TEE-SLOT:

(1) Login to our members’ website (golfonanytee.com) to view available tee times.

(2) Once you decide where and when you want to play, call the affiliated golf course of your choosing, let them know you are a G.O.A.T. member by providing your G.O.A.T. identification number, and request the available tee-time you desire.

(3) Once the affiliated golf course confirms that the tee-time is available, reserve that same slot on golfonanytee.com.*

(4) If any other G.O.A.T. member would like to join your tee time, they may do so by accessing our members’ website and reserving their own tee slot in the same manner outlined in Steps (1) through (3).

(5) Arrive at the affiliated golf course before your tee-time, present the pro shop with your G.O.A.T. profile, along with a valid government-issued photo identification (i.e. driver’s license, passport, state-issued identification).

*G.O.A.T. members may not have more than (1) reservations pending at any time.

Any failure to follow the proper steps listed above will result in an unsuccessful reservation, and will forego your right to play in that particular tee slot. G.O.A.T. will not be responsible for any fees or costs arising out of an unsuccessful reservation.

b. CANCELLATIONS: should you wish to cancel or modify your previously scheduled tee-slot, you must call the affiliated golf course and notify the pro shop of your cancelation or modification at least twenty-four (24) hours before your reserved tee-slot. In addition, you must immediately cancel or modify your reservation on our members’ website (www.golfonanytee.com) at least twenty-four (24) hours before your reserved tee-slot. Any failure to follow these steps so may result in suspension or termination of your membership.

c. AVAILABILITY: G.O.A.T. is limited to two (2) tees or less per day, seven (7) days a week, at its affiliated courses. Accordingly, once G.O.A.T. members fill up the allotted tee slots for a particular course, you will not be permitted to reserve a tee-slot at that particular course until the next day (if available).

Please check our website www.golfonanytee.com to view our portfolio of affiliated golf courses. The information on our website will be updated regularly to reflect any additions or modifications to the list of affiliated golf courses.

E. VIOLATION OF POSTED RULES AND REGULATIONS: All Members are subject to compliance with any rules and regulations of G.O.A.T., which can be found online at www.golfonanytee.com.

These rules and regulations include, but are not limited to, the following:

(1) You are expressly prohibited from allowing a non-G.O.A.T. member to use your information and/or member identification number;

(2) Once a G.O.A.T. member reserves a particular tee-slot, in accordance with Section C above, no non-G.O.A.T. members are allowed to join that particular tee.

(3) Abiding by the cancellation policy as set forth in Section C.b. above.

(4) Adhering to each affiliated golf course’s rules and regulations.

In the event that a Member fails to comply with said rules and regulations, his or her membership may immediately be terminated without refund, and this Agreement will be voided. This decision is solely in the discretion of G.O.A.T.

G.O.A.T. 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.

a. DAMAGE TO FACILITIES: You agree to pay for damage to any third-party property caused by you and/or your guests.

b. PERSONAL CONDUCT/DRESS CODE: You must follow each golf course’s policies regarding acceptable attire and behavior. In the event we are notified by an affiliated golf course that a Member has committed an indiscretion, including violating a course rule, membership will be terminated without refund, as outlined in Section E above.

F. AFFILIATED COURSES: Please check our website golfonanytee.com to view our portfolio of affiliated golf courses. G.O.A.T. may add or remove affiliated courses from time to time, which may subject Members to an increased membership fee for the subsequent year. G.O.A.T. may publish and amend policies and regulations, or modify its fees for its yearly Membership, from time to time and for any reason. You acknowledge that G.O.A.T. may change Membership fees at any time; provided, however, that G.O.A.T. will give prior notice via e-mail to Membership holders of any change to the Membership fees. You agree and understand that the current yearly membership fee of two thousand dollars ($2000.00) may be increased next year. You will not be charged for that increased rate without your approval, as Memberships do not automatically renew. G.O.A.T. reserves the right to suspend, modify or end the Membership without prior notice, in its sole discretion.

G. PAYMENT: You may pay by EFT (electronic funds transfer), VISA®, MASTERCARD®, Discover or AMERICAN EXPRESS® credit card, or VISA or MASTERCARD check card. Any such credit or check card shall be collectively referred to herein as the “Payment Card”. You also authorize G.O.A.T. to place a pending charge to your Payment Card when you sign up for any Membership. Pending charges will be used to verify your billing address and the validity of your Payment Card, and are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per $1 of pending charge. You also authorize G.O.A.T. to charge your Payment Card for any other charges you may incur associated with your Membership, if applicable. You will not be an active Member until your billing address and Payment Card are validated.

a. BILLING: You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. If your Payment Card for any reason will not accept charges for any Membership fees, your Membership will be terminated without refund. In order for your yearly Membership to be renewed, you must re-submit your Payment Card information at www.golfonanytee.com.

From time to time, G.O.A.T. may avail itself of account updating services provided by the Payment Card industry, including, without limitation, VISA’s Account Updater program or MasterCard’s Automatic Billing Updater program. By enrolling in a Membership, you hereby agree and authorize G.O.A.T. 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.

You also authorize G.O.A.T. to charge your Payment Card for any other charges you may incur associated with your Membership.

b. DEFAULT: If you default on any payment due under this Agreement, G.O.A.T. may declare all or any of the future payments to be made under this Agreement immediately due and payable.

H. TERMINATION: Your Membership will terminate at the end of the year the payment was made pursuant to Section A above. Upon expiration of your Membership, your G.O.A.T. online profile will be deactivated and you will no longer be able to reserve a tee slot at one of our affiliated courses. You may renew for an additional year at www.golfonanytee.com. Your Membership will not be automatically renewed. As explained in Section F above, your yearly Membership fee may increase next year.

a. EARLY TERMINATION: As outlined in Section E above, G.O.A.T. may suspend or terminate your Membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice of such termination, with or without cause. If G.O.A.T. terminates your Membership, your G.O.A.T. online profile will be voided, you will no longer be able to reserve a tee slot at one of our affiliated golf courses, and you will remain liable for all unpaid dues. If your Membership is terminated by G.O.A.T. or you choose to cancel your Membership, you will not receive a refund on any amounts paid, including the sign-up and yearly membership fees.

I. WAIVER/ACKNOWLEDGEMENT OF RISK: You, on behalf of yourself and any guests, represent that, you understand that golfing includes an inherent risk of minor or major life threatening injury to persons and property. You agree that you are voluntarily playing at one of our affiliated golf courses (and accessing the respective 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. You agree that G.O.A.T., its affiliates, subsidiaries, officers, directors, employees, and agents (“G.O.A.T. Parties”) will not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you or your property (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or connected with the use of any of the services and/or affiliated golf courses of G.O.A.T. You expressly release and discharge the G.O.A.T. 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 G.O.A.T. Parties.

J. TEMPORARY CLOSURE: G.O.A.T.-affiliated golf courses may temporarily close their venues in their sole discretion for any reason including, without limitation, in the case of inclement weather. G.O.A.T. members will not be provided vouchers or refunds in the event that the affiliated golf course is temporarily closed.

K. FORCE MAJEURE: If G.O.A.T.’s performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond its reasonable control (“Force Majeure”), and if G.O.A.T. is unable to carry out its obligations, then the obligations of G.O.A.T. shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, pandemics, insurrections, riots, or wars, strike or work stoppages. Sign-up fees and yearly membership fees will not be refunded in the event of a force majeure. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

L. LIMITATION OF LIABILITY: G.O.A.T. makes no express warranties or representations as to the quality and/or accuracy of the content, the website or its services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implies warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law. We offer the information on our website and social media platforms on an “as is” basis and do not accept responsibility for any use of or reliance on our websites, content or services, or for any disruptions to or delay in the services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of our Website, content or services. We do not guarantee the adequacy of our services or website or compatibility thereof to your computer equipment, mobile devices, or environment and do not warrant that our website, services, servers will be error-free. To the fullest extent permissible under the applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damages howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of our services or websites, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using our services and website. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

You agree to defend, indemnify and hold G.O.A.T. harmless from and against any judgments, settlements, costs and fees reasonably incurred (including reasonable attorney’s fees) resulting from any claim, demand, suit or proceeding made or brought against You. G.O.A.T. shall have no liability to You for any lost profits or for any indirect, special, incidental, consequential, cover or punitive damages caused by a third-party (including G.O.A.T. members and affiliated golf courses), whether in contract, tort, or under any other theory of liability. You agree that recovery of any indirect, incidental, special, punitive, exemplary, and consequential damages are not a remedy available to you even if G.O.A.T. has been advised of such damages. The foregoing disclaimer will not apply to the extent prohibited by law.

M. USE OF G.O.A.T. NAME/LOGO/IMAGES: All promotional and display materials, including any images or materials (collectively, “Images”), that refer to or depict G.O.A.T. or its affiliated golf courses, or G.O.A.T.’s name, logo, symbol, trademark or tradename (collectively, “G.O.A.T. Marks”) shall be subject to G.O.A.T.’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 without the prior written approval of G.O.A.T. You have no rights or interests in any intellectual property owned or licensed by G.O.A.T. Images may not be used to state or imply the endorsement by G.O.A.T. or of any G.O.A.T. 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 G.O.A.T. You may not use trademarks, logos or other content that is confusingly similar to the G.O.A.T. Marks. If you wish to obtain G.O.A.T.’s permission for any uses of Images or the G.O.A.T. Marks or for any other use which is not specifically addressed in this Agreement or you become aware of unauthorized use of the G.O.A.T. Marks, please contact [email protected]. Please note that permission is at G.O.A.T.’s sole discretion and, if granted, will only be granted under certain conditions and/or subject to you entering into an additional agreement with G.O.A.T.

N. MISCELLANEOUS:

a. RESERVATION OF RIGHTS: G.O.A.T. reserves the right to modify or discontinue, temporarily or permanently, all or any part of its website, www.golfonanytee.com and/or any software, facilities and services on website, with or without notice, and/or to establish general guidelines and limitations on their use.

b. NON WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.

c. ASSIGNMENT: G.O.A.T. may assign this Agreement, and, provided that the assignee agrees to assume the obligations of G.O.A.T. in this Agreement, then G.O.A.T. 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.

d. GOVERNING LAW: This Agreement is governed by the laws of the State of Illinois.

e. 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.

f. ENTIRE AGREEMENT & DEFINITION: This document incorporates the entire Agreement between Members and G.O.A.T. G.O.A.T. reserves the right to modify this Agreement from time to time. 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 AGREEMENT. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH G.O.A.T. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS INTERRUPTED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF INTERRUPTION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED. THIS AGREEMENT IS THE ENTIRE AGREEMENT, AND NO VERBAL OR OTHER AGREEMENTS HAVE BEEN MADE TO ALTER THE TERMS OF THIS AGREEMENT.

G.O.A.T. MEMBERSHIP TERMS AND CONDITIONS

A. G.O.A.T. MEMBERSHIP TERMS: Your yearly membership fee is two thousand dollars ($2000.00). Your yearly membership will commence on the date of receipt or acknowledgement of this Agreement, and will terminate at the end of the year, in accordance with Section H below. Upon remitting your yearly membership payment, you will be subject to the Terms and Conditions contained in this Agreement.

C. PICTURE IDENTIFICATION: Upon becoming a Member, you agree to have your picture taken for your G.O.A.T. online profile. As will be explained in Section D below, you will use your G.O.A.T. online profile to check-in at the golf course. Your G.O.A.T. online profile will include your photograph, along with a unique G.O.A.T.-issued identification number. Members may not share their identification number with others in order to give guests access to their Membership, as this will result in immediate termination of the Membership without refund. See Section E.

D. RESERVATIONS:

a) HOW TO RESERVE A TEE-SLOT:

(1) Login to our members’ website (golfonanytee.com) to view available tee times.

(3) Once the affiliated golf course confirms that the tee-time is available, reserve that same slot on golfonanytee.com.

(5) Arrive at the affiliated golf course before your tee-time, present the pro shop with your G.O.A.T. profile, which includes your photo and identification number, along with a valid government-issued photo identification (i.e. driver’s license, passport, state-issued identification).

b) CANCELLATIONS: should you wish to cancel or modify your previously scheduled tee-slot, you must call the affiliated golf course and notify the pro shop of your cancelation or modification at least one (1) hour before your reserved tee-slot. In addition, you must immediately cancel or modify your reservation on our members’ website (www.golfonanytee.com) at least one (1) hour before your reserved tee-slot. Any failure to follow these steps so may result in suspension or termination of your membership.

c) AVAILABILITY: G.O.A.T. is limited to two (2) tees or less per day, seven (7) days a week, at its affiliated courses. Accordingly, once G.O.A.T. members fill up the allotted tee slots for a particular course, you will not be permitted to reserve a tee-slot at that particular course until the next day (if available).

E. VIOLATION OF POSTED RULES AND REGULATIONS: All Members are subject to compliance with any rules and regulations of G.O.A.T., which can be found online at www.golfonanytee.com.

These rules and regulations include, but are not limited to, the following:

(1) You are expressly prohibited from allowing a non-G.O.A.T. member to use your information and/or member identification number;

(2) Once a G.O.A.T. member reserves a particular tee-slot, in accordance with Section C above, no non-G.O.A.T. members are allowed to join that particular tee.

(3) Abiding by the cancellation policy as set forth in Section C.b. above.

(4) Adhering to each affiliated golf course’s rules and regulations.

**In the event that a Member fails to comply with said rules and regulations, his or her membership will immediately be terminated without refund, and this Agreement will be voided, as there is a one-strike policy.**

G.O.A.T. 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.

a. DAMAGE TO FACILITIES: You agree to pay for damage to any third-party property caused by you and/or your guests.

You also authorize G.O.A.T. to charge your Payment Card for any other charges you may incur associated with your Membership.

b. DEFAULT: If you default on any payment due under this Agreement, G.O.A.T. may declare all or any of the future payments to be made under this Agreement immediately due and payable.

H. TERMINATION: Your Membership will terminate at the end of the year from the date this Agreement is sent and/or acknowledged by You. Upon expiration of your Membership, your G.O.A.T. online profile will be deactivated and you will no longer be able to reserve a tee slot at one of our affiliated courses. You may renew for an additional year at www.golfonanytee.com. Your Membership will not be automatically renewed. As explained in Section F above, your yearly Membership fee may increase next year.

N. MISCELLANEOUS:

b. NON WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.

d. GOVERNING LAW: This Agreement is governed by the laws of the State of Illinois.

e. 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.