1. Annual membership does not include glow-in-the-dark, however, it entitles member to 25% off glow-in-the-dark.
2. APPLICATION: I apply for membership at Kickmaster Footgolf located at 1700 Dyer Road, Grove City, Ohio 43123 (the club). I represent and warrant that I am 18 years of age or older and all facts and information set forth above and/or in the Membership Application dated this date (the Application) are true, correct and compete. The application is incorporated by reference and made a part of this Contract.3. PAYMENT:
a. Annual with Monthly Payment; Under this option, I must pay the Total Due Today upon signing this Contract. I agree to pay my monthly amount ($__) or an increased amount as specified in Paragraph 7 for any renewal period, each month thereafter through automatic withdrawal from an account I maintain in a financial institution pursuant to this signed authorization form delivered to the Club by the 151 of the month. Subject to change, drafts (payments) are made on or about the first (1 51) of each month. If I change financial institutions, I will provide Kickmaster Footgolf in writing all information needed for the replacement automatic withdrawal at least ten (10) days before the effective date of the change. I agree to a membership term of one (1) year and acknowledge that the automatic withdrawals (payments) will continue for that period unless I terminate my membership as permitted in this Contract or I convert to another payment option with the consent of Kickmaster Footgolf pursuant to a new written contract.
b. Annual Payment: I must pay the Total Due Today upon signing this Contract.
4. TERM: All memberships have a term of twelve (12) months from the date of the Start Date. Memberships may thereafter be renewed in writing at the then current membership rate. By mutual agreement, one type of membership may be converted to another type of membership pursuant to a new contract with Kickmaster Footgolf, the term of this Contract may be extended as follows:
a. If Kickmaster Footgolf closed for thirty (30) days or more, the term shall be extended for the number of days equal to the number of days that the facility was closed (excluding holidays and any other days the facility is normally closed), at no additional cost to me.
b. Disability - I may extend the term of this contract, at no additional cost to me for the number of days equal to the days comprising the duration of my disability, if my disability precludes me from using the Club's facility for a period of less than six (6) months and that disability is verified by a physician. To extend the term pursuant to this Paragraph 4b, I must give timely notice to Kickmaster Footgolf of my request to extend.
5. CANCELLATION: I (or my legal representative) may cancel this Contract without penalty in accordance with the following:
a. Within three (3) business days after signing this Contract and receiving a fully completed copy of this Contract. Upon such cancellation, I will receive a full refund of all monies paid, including application fees.
b. If I die or become permanently disabled. A permanent disability means a condition which precludes me from using Club facilities for six (6) months or more, and the condition is verified by a physician. Upon cancellation under this Paragraph 5b, Kickmaster Footgolf shall refund to me all prorated monies remaining on Contract, less Administrative fee of Fifty ($50) dollars. Kickmaster Footgolf will require a written statement from a licensed physician in the state of Ohio verifying such disability.
c. If I move more than twenty-five (25) miles away from the Club. Upon cancellation under this Paragraph 5c, Kickmaster Footgolf shall refund any prorated funds less Fifty ($50) dollars Administration fee
6. FEE GUARANTEE: Membership fees may be modified from time to time by Kickmaster Footgolf, however, no membership fee change will be applicable to me during the initial term of this contract (but will be effective for any renewal periods.)
7. DEFAULT/REMEDIES: Any monthly payment which is received more than ten (10) days after the due date shall be subject to a late charge of the greater of ten percent (10%) of the amount due or $20.00 for the added administrative costs associated with same. Any payment that remains unpaid for thirty (30) days shall entitle Kickmaster Footgolf to terminate the membership, to suspend all membership privileges, and/or to take other actions permitted by law or in equity. Closing of account, insufficient funds or any other action which prevents the automatic charge for monthly dues, if applicable, will be a material breach of this Contract. Member agrees to pay reasonable attorney fees, legal expenses, and other lawful collection costs and expenses of collection incurred after a material breach of this Contract.
8. MEMBERSHIP CARDS: I will be issued a membership card which will entitle me to enjoy the benefits of membership. I will present my membership card for admittance and I will be responsible for the proper use of the card. I will not permit anyone else to use my card. If my card is not presented, I will be required to purchase a replacement card before admittance is granted at a cost of $5.00 ($10.00 for each additional replacement card during the same term). Upon termination, I will surrender my membership card(s). Kickmaster Footgolf may issue a temporary replacement card for the remainder of the term.
9. MEMBERSHIP PRIVILEGES: I will be able to play at any given tee time that I prearrange. Should I miss such scheduled tee time, I will forfeit play until another tee time is available. Memberships are not transferrable and any attempt to transfer shall be null and void.
10. MEMBERSHIP RESPONSIBILITY: All use of the Kickmaster Footgolf facility shall be undertaken at my sole risk, and Kickmaster Footgolf and/or its Manager shall not be liable for any harm, injuries or damage to me or my property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of Kickmaster Footgolf and/or its Manager, its successors or assigned, as well as its officers and agents, for all such claims, demands, liabilities, damages, actions or causes of actions. It is specifically agreed that Kickmaster Footgolf and/or its Manager shall not be responsible or liable for articles lost, damaged or stolen in, about or in connection with the Kickmaster Footgolf facility not for loss or damage to any other of my property, including automobiles and contents. It is also agreed that any damages to Kickmaster Footgolf and/or its Manager, or the facility or its contents, or property or the property of any member by another member is the sole responsibility of the offending member. The foregoing notwithstanding, neither Kickmaster Footgolf nor its Manager shall be relieved by this Paragraph 10 from liability for its own gross negligence and/or willful misconduct.
11. RULES AND REGULATIONS: I acknowledge that Kickmaster Footgolf operates under rules and regulations established for the safety, comfort and protection of members or other patrons and I will abide by and be bound by all posted rules and regulations, as well as by rules and regulations subsequently approved and posted or published by Kickmaster Footgolf. Rules and regulations of Kickmaster Footgolf, in effect from time-to-time, are incorporated into this Contract by reference and made a part hereof. Facilities, equipment, amenities, hours, service, regulations, and policies are subject to change, without prior notice, at the sole discretion of Kickmaster Footgolf, and I accept such reasonable changes as a condition of membership.
12. GENERAL PROVISIONS:
a. I acknowledge I have inspected the Kickmaster Footgolf facility and same is in full operation. No promises, representations or warranties have been made to me by Kickmaster Footgolf.
b. I acknowledge and agree that the Initiation Fee represents a reasonable charge for initiating my membership considering the time and effort required of Kickmaster Footgolf.
c. I acknowledge that it has been explained to me that this is a legally binding and enforceable contract and that I have agreed to maintain my membership for the period of time specified.
d. This Contract sets forth the entire agreement between me and Kickmaster Footgolf reqarding my membership and any and all prior discussions, agreements, understandings or correspondence are hereby null and void.
e. This Contract may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by me and Kickmaster Footgolf.
f. If any term or provision of the Contract is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this Contract is found to be invalid, illegal or unenforceable, in part or in whole, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.
"I understand that I am responsible for all reasonable collection fees, court costs and attorney fees associated with any unpaid balances due according to this Contract."
We hereby agree to all terms of this Contract, intending to be legally bound hereby, and each of us has received a complete executed copy of this Contract.
Accepted by Kickmaster Footgolf Clanguz, LLC