Membership Agreement

This document sets out terms and conditions for purchase and use of Topgolf Membership.
DEFINITIONS

“Applicant” means the party named in the Corporate Platinum Membership Application or who is provided with a Membership Card in the case of a Lifetime Membership.

“Authorised Signer” means the person nominated as such by the Applicant in the Corporate Platinum Membership Application.

"Conditions of Entry" means the entry conditions as appearing at Topgolf and at Conditions of Entry.

“Corporate Platinum Member” means the party holding a Corporate Platinum Membership.

“Corporate Platinum Membership” means Membership by that name together with the right to the corresponding Membership Benefits.

“Corporate Platinum Membership Application” means the form by that name issued by US.

“Corporate Platinum Membership Fee” means the amount of money advised by US from time to time for the purchase of a Corporate Platinum Membership and linked Membership Card(s).

"Days" means any day other than a public holiday in Queensland.

"GST" means goods and services tax imposed or to be imposed under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them.

“Lifetime Fee” means $5.00 inclusive of GST.

“Lifetime Member” means the person holding a Lifetime Membership.

“Lifetime Membership” means Membership by that name together with the right to the corresponding Membership Benefits.

"Member" means a Lifetime Member or a Corporate Platinum Member.

"Membership Agreement" means these Membership Terms and Conditions together with the Corporate Platinum Membership Application and the Membership Benefits"Membership Benefits" means the details set out in the Topgolf Website.

"Membership Card" means the card or similar provided to the Member by US.

"Membership Terms and Conditions" means this document.

"Membership Benefits" means those benefits or entitlements set out from time to time on Our Website.

“Membership Program” means the provision of Memberships and corresponding Membership Benefits by US.

"Notice" means communication by telephone or email.

"Personal Details" means information about a person when that person’s identity can be linked to that information.

"Personal Information" has the meaning ascribed to it by the Privacy Act 1988.

“Replacement Fee” means $1.00 inclusive of GST.

"Topgolf" means the premises by that name situated at cnr. Roadshow Way and Entertainment Drive, Oxenford in the State of Queensland 4210.

"Topgolf Membership" means either Corporate Platinum Membership or Lifetime Membership together with the right to the Membership Entitlements.

“Topgolf Website” means www.topgolf.com.au.

“Venus Games Screen” means the electronic screen situated at each driving bay at Topgolf.

"WE, US or OUR" means Village Golf Australia Pty Ltd ABN 54 615 018 865 as agent for TG-VR Australia Joint Venture c/of Topgolf Golf Coast, cnr. Roadshow Way and Entertainment Drive, Oxenford in the State of Queensland Australia 4210.

PARTIES: The purchase of a Membership by an Applicant less than eighteen (18) years of age must be consented to by their parent or guardian.

A person buying a Membership for someone else must make available to them these Membership Terms and Conditions. The use by the Member of the Membership Card is deemed to be acceptance by the Member of these Membership Terms and Conditions. Where the Member is under eighteen (18) years of age their parent or guardian shall be responsible for the Member complying with these Membership Terms and Conditions. A Corporate Platinum Member shall be responsible for all Authorised Signers complying with these Membership Terms and Conditions and any breach by them shall be deemed to be a breach by the Member.

CREATION OF MEMBERSHIP:

Lifetime Membership – upon inserting their email address into the Venus Games Screen, reviewing and accepting the content appearing thereon, and payment of the Lifetime Fee, the Applicant is entitled to Lifetime Membership and shall be issued with a Membership Card subject to these Membership Terms and Conditions.

Corporate Platinum Membership - upon completion and return of a signed Corporate Platinum Membership Application and payment of the Corporate Platinum Membership Fee the Applicant is entitled to a Corporate Platinum Membership and shall be issued with the applicable number of Membership Cards purchased. A Corporate Platinum Membership shall be for a period of twelve (12) months from when the Membership Card(s) is first activated (unless terminated earlier in accordance with this Agreement) subject to these Membership Terms and Conditions. A Membership Card is activated by an Applicant inserting their email address into the Venus Games Screen and reviewing and accepting the content appearing thereon. Activation must occur within the period of three (3) months of the return of the signed Corporate Platinum Membership Application and payment of the Corporate Platinum Membership Fee.

PAYMENT: The Corporate Platinum Membership Fee and Lifetime Fee are non-refundable subject to any requirements at law to the contrary.

MEMBERSHIP BENEFITS: Subject to compliance with these Membership Terms and Conditions the Member is entitled to the Membership Benefits for the period of the Membership HOWEVER WE:-

  • may make reasonable changes to the days and hours that Topgolf is open for business
  • may impose restrictions or limitations on access to Topgolf or facilities located therein at any time
  • may close Topgolf in whole or in part on a permanent or temporary basis due to inclement weather, safety, refurbishment, maintenance, Acts of God, or other reasons
  • eserve the right from time to time to make changes to the Membership Benefits by giving Notice but where WE remove any component of the Membership Benefits we will replace same with a component of comparable value and quality.

Subject to the above, admission to Topgolf shall be allowed during normal advertised operating hours BUT EXCLUDES entry to special events or private functions. A Member must pay independently for all food, beverage and merchandise.

MEMBERSHIP CARDS: If a Membership Card is stolen or lost the Member must immediately give US Notice as to same and the Replacement Fee shall be payable for a new Membership Card. A Lifetime Member must not share or loan their Membership Card at any time. A Corporate Platinum Member must only give a Membership Card to persons authorized by them to use.

CONDITIONS OF ENTRY: A Member must comply with the Conditions of Entry when in attendance at Topgolf. If a Member fails to comply then WE may expel the Member from Topgolf, prevent access to the Membership Benefits and/or terminate the Membership Agreement by Notice whereupon no refund shall be payable (subject to any requirements at law to the contrary).

INJURY: A Member must immediately report any accident or injury suffered at Topgolf to OUR staff member.

DAMAGE: A Member must pay for damage to Topgolf equipment, premises and third party property caused by the Member and/or their guest’s careless use of equipment or other intentional or negligent acts.

NEW FACILITIES, EQUIPMENT OR MEMBERSHIP PROGRAMS: WE may introduce new facilities, equipment or Membership Programs from time to time, which may be available to Members for an additional fee.

MEMBERSHIP PROGRAM: WE reserve the right to suspend, modify or end the Membership Program in OUR sole discretion by reasonable prior Notice subject to any requirements at law.

CHANGES TO MEMBERSHIP TERMS AND CONDITIONS: WE may change the Membership Terms and Conditions at any time as may be reasonably necessary by not less than one (1) month’s prior written Notice. If the Member believes they are adversely affected by the change or that the change is unfair the Member may terminate the Membership Agreement by giving US Notice of termination of the Membership Agreement not more than fourteen (14) Days after they receive the Notice from US. If the Member does so then the Membership Agreement shall be at an end one (1) month after WE gave the Member Notice of the change and WE shall pay to the Member a pro-rata refund of fees previously paid relative to the unexpired period of their Membership. If WE do not receive any Notice of termination of the Membership Agreement from the Member during the fourteen (14) Day period then the Membership Agreement shall continue subject to the changes notified.

MEMBERSHIP FREEZE: A Corporate Platinum Membership is not able to be frozen or put on hold.

TRANSFER OF MEMBERSHIP: A Membership is not able to transfered nor is it exchangeable or able to be resold or redeemed for cash.

SUSPENSION/TERMINATION: Membership may be suspended or the Membership Agreement terminated for any breach of the Membership Agreement by giving Notice to the Member. Where terminated the Membership Card must be surrendered to US and the Member shall not be entitled to receive a refund on any amounts paid for the Membership subject to any requirements at law to the contrary.

WAIVER: To the extent permitted by law, other than where WE are negligent:-

  1. Members use the Topgolf facilities and equipment (including the parking lot) at their sole risk and agree that they are voluntarily participating in a physical activity and assume all risk of injury, illness and damage to or loss of property that might result, including, without limitation, any loss or theft of any personal property;
  2. WE, our officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of a Member or a Member’s property (including lost or damaged personal property), arising out of or connected with the use of any of the facilities and equipment at Topgolf. Members expressly release and discharge US, OUR officers, directors, employees and agents from all such claims, demands, injuries, damages, actions or cause of action.

LIMITATION OF LIABILITY: To the extent permitted by law:-

  • WE will not be liable for any personal injury or loss suffered or incurred unless WE are negligent
  • the Competition and Consumer Act 2010 (Cth) imposes statutory guarantees on US when WE supply goods and services to consumers under the Membership Agreement, however OUR liability is limited, where it is reasonable to do so, at OUR option to providing the goods or services again or paying the cost of providing the goods or services again and in no instance shall a Member be able to recover incidental and consequential damages as a remedy in the event of any breach of the Membership Agreement by US.

MISCELLANEOUS:

CONTACT: WE will contact the Member from time to time about their Membership using the Personal Details provided. If a Member has consented to receiving promotional communications, WE may also provide the Member with information about promotions and special offers offered by US or OUR related parties and their brands. If a party wishes to opt out from receiving such information an unsubscribe facility will always accompany any such communications where sent electronically.

PRIVACY: Where the Personal Details include Personal Information WE will only use and disclose same for purposes reasonably contemplated by the Membership Agreement and in accordance with the Privacy Act 1988 and in accordance with the Topgolf Australia Privacy Policy.

A Member agrees to give Notice to US without delay in the event of any change to their contact details (or changed in Authorised Signer in respect of a Corporate Platinum Membership).

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

ASSIGNMENT: WE may assign the Membership Agreement, and, provided that the assignee agrees to assume OUR obligations in the Membership Agreement, then WE will be fully relieved of those obligations upon notice to Member of the assignment. A Member may not assign their Membership to another person.

GOVERNING LAW: The Membership Agreement is governed by the laws of the State of Queensland and the parties agree to be bound by the Courts of Appeal therefrom.

INVALID PROVISIONS: If any part of the Membership Agreement is found to be invalid or unenforceable, the remainder of the Membership Agreement will remain in full force and effect.

ENTIRE AGREEMENT: The Membership Agreement incorporates the entire agreement between Member and US. WE reserve the right to modify the Membership Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between the parties except as specified in the Membership Agreement.

Effective date: June 1, 2018