Terms and Conditions - BKLYN SWING

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) is between you and M&M sims LLC, dba Brooklyn Swing (the “Company”). The Company owns and operates a golf practice and simulator club operating under the name BKLYN Swing (“BKLYN Swing”). BKLYN Swing is located at 7613-15 13^th Ave, Brooklyn, New York,11228 (the “Facility”), and may provide or organize instruction, events, and other activities (each, an “Activity” and collectively “Activities”) at the Facility or at other locations from time to time.

The Order Form describes the product(s) (“Product(s)”) that you have purchased from the Company, such as, for example, a single use pass for the club, a membership at the club (“Membership”), or registering for an Activity. This Agreement sets forth the corresponding terms of your license to use the BKLYN Swing Facility and/or participate in Activities at BKLYN Swing. The Order Form completed herewith is a part of this Agreement and incorporated herein. In the event of any conflict between the Order Form and the terms and conditions contained herein, the terms set forth in the Order Form shall govern.

Entry and Participation

You are entitled to the benefits of the Product you purchased or subscribed to on the Order Form, as detailed on the BKLYN Swing website (www.bklynswing.com), subject to the terms and conditions set forth in this Agreement. This includes a license to enter the Facility or to participate in Activities commensurate with the Product, and subject to the Rules and Regulations of the Facility, as may be adopted from time to time by the Company. The Company may terminate your license to use the Facility or to participate in Activities if you fail to follow its Rules and Regulations.

Unless otherwise explicitly stated, the Company reserves the right to add to, modify or discontinue any or all of these benefits at any time with or without notice.

Cancellation

You may cancel your Membership at any time by providing at least thirty (30) days written notice before the next billing date. Email notice to [email protected] shall constitute written notice; provided that it is actually received by the Company.

Payments

You agree to pay the fees listed on the Order Form for the Membership you have selected. Recurring monthly payments will be charged to your card on the same calendar day each month (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on); recurring annual payments will be charged to your card on the same day, each year after you join (if, for example, you join on April 28, 2019, your card would be charged April 28, 2020 and so on).

You give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

In the event that a payment is overdue, your license to use the Facility or participate in any Activities shall automatically suspend until such payment is made. The Company may assess a late fee on any payments that are late by five (5) days or more. The Company may terminate your license to use the Facility or participate in Activities if a payment is overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Except as explicitly stated to the contrary, the Company reserves the right to adjust the fees for any Product billed monthly or annually, and will give advance notice to you of any such changes by email.

No Refunds

All purchases of any kind are final and non-refundable.

Term and Termination

This agreement extends indefinitely into the future unless cancelled by you (as set forth above) or terminated by the Company.

The Company reserves the right in its sole discretion terminate this Agreement and your access to the Facility or right to participate in any Activities, at any time without notice.

Representations

You are at least 18 years old, and have full capacity to enter into this Agreement. You are the parent or legal guardian of any minor for whom you are signing this agreement.

Acknowledgements and Agreements:

You understand that use of the Facility or participation in an Activity carries with it risks of injury, which may be foreseeable or unforeseeable.
You agree to abide by all of the Rules and Regulations of the Facility or applicable to any Activity, including any additional rules relating to the location where an Activity may take place.
If applicable, you also agree to maintain proper supervision over your child or children, or any other minors in your care, and you certify that your child and/or any minor in your care does not have any physical or other condition that would affect his or her ability to use the Facility or participate in an Activity.

Assumption of the Risk, Waiver, Release:

You agree that you are assuming any and all of the risks associated with your (or your child’s) use of the Facility or participation in an Activity.
You HEREBY WAIVE, release, Indemnify and hold harmless THE COMPANY, and any of its AFFILIATES, owners, MANAGERS, or agents, from any loss, damage or injury of any kind whatsoever, that might result, DIRECTLY OR INDIRECTLY, from YOU OR your child’s use of the facility or PARTICIPATION IN AN EVENT.

Disputes

You agree not to sue the Company for any reason, and that if you do, the Company will be entitled to recover attorneys’ fees and other expenses of litigation. You agree that any lawsuit brought against the Company, or any of its owners, affiliates, managers, or agents, shall be brought solely in the federal or state courts located in Kings County, New York, and shall be governed by the laws of the State of New York. You agree to waive any right to a trial by jury in any such proceeding.

License

You hereby grant the Company Swing a fully-paid, royalty-free, perpetual license to use any photographs or videos taken of you or your child while using the Facility or participating in an Activity.

Disclaimer of Warranties

THE PRODUCTS, INCLUDING YOUR USE OF THE FACILITY OR YOUR PARTICIPATION IN ANY ACTIVITIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Company does not guarantee any particular outcome or result.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES

Entire Agreement

This Agreement sets forth the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior written and oral statements.

Except as otherwise stated herein, the Company may change, modify or update this Agreement at any time without notice. Any access or use of the Facility or participation in an Activity after the Company posts such changes shall constitute consent of such modifications.

Amendment

The Company reserves the right to modify the terms of this Agreement from time to time, in its sole discretion.

Successors or Assigns

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Agreement may be assigned by the Company in connection with a sale of BKLYN Swing.

Consent

By clicking on the box that you have read and agreed to these Terms of Use when signing up at the website, you are providing your consent to this Agreement.