Terms and Conditions
PLEASE CAREFULLY READ THE FOLLOWING MEMBERSHIP AGREEMENT
WELCOME TO LINKUP GOLF!
This Membership Agreement (“Agreement”) contains important terms and conditions, rights and obligations, and limitations and exclusions, hereinafter the “Terms.” The applicant (“Member”) and LinkUp Golf L.P. (“LinkUp”) (collectively the “Parties”) hereby enter into the Terms as set out below, effective the date of signature or consent by clicking electronically on the Membership Application Form linked to this Agreement.
If applicable, by clicking electronically on the Membership Application Form linked to this Agreement, Member consents to becoming a party to this Agreement and being bound by the Terms.
In consideration of the mutual covenants contained herein, the parties to the Agreement agree as follows:
I. MEMBERSHIP TERMS AND CONDITIONS.
a. PAYMENT OPTIONS.
i. Upon each monthly payment renewal date, LinkUp will automatically charge the account associated with the payment method provided upon submission of the Membership Application Form.
ii. Should the payment method fail, LinkUp will provide notice of the failed payment and suspend membership until all amounts owed are paid. Should Member fail to pay outstanding amounts within ten (10) days of notice of the failed payment, LinkUp will terminate the membership.
b. TERMINATION OF MEMBERSHIP.
i. By Member. Member may cancel anytime by sending a cancellation notice to [email protected]. The membership will be active until the end of the current month. To renew, Member may visit the LinkUp portal and choose a renewal option as presented. The LinkUp membership is limited, and, therefore, availability for renewal is not guaranteed
ii. By LinkUp. LinkUp may terminate this Agreement and the associated Member’s membership as follows:
1. Without Cause. Upon thirty (30) days’ notice, LinkUp may cancel this Agreement and Member’s membership without cause. If Member has fully paid for the annual membership, then LinkUp will refund any amounts already paid for that the membership term, pro rata. If Member has chosen a monthly installment payment plan, then payment requirements will cease upon the next monthly installment due date.
2. For Good Cause. LinkUp may cancel this Agreement and Member’s membership immediately for good cause. Good cause may include but is not limited to violation of the law; improper conduct, including without limitation harassment of LinkUp members, employees, vendors, or other affiliates; significant violation of golf course rules; failure to pay membership fees; endangerment of the public; morally or ethically unsound conduct; and other conduct deemed harmful to LinkUp, its members, or the public in any way.
iii. Death or Disability of Member.
1. Membership shall be terminated upon death of Member.
2. Upon notice of disability of Member during the term of membership, membership shall be terminated.
3. For either death or disability of a Member:
· if Member has fully paid for the annual membership, then LinkUp will provide the option to transfer the membership to another person;
· if Member has chosen a monthly installment payment plan, then payment requirements will cease upon the next monthly installment due date.
c. NO OWNERSHIP. Purchase of Membership as does not give Member any right, interest, or ownership in LinkUp or any golf courses where LinkUp may hold its events.
II. MEMBERSHIP FEE
The LinkUp Membership Fee is determined solely by LinkUp and may change at anytime. LinkUp will notify Member of current Membership Fee and any changes thereto. Member may choose to accept or terminate membership at anytime
III. MEMBER EVENTS
a. COURSES AND FREQUENCY. LinkUp enables Members to play at an array of resort and private club courses. Members may make bookings via the LinkUp Golf Member Mobile App (hereinafter, “The App”). Members may make bookings 3 - 60 days in the future.
b. PARTICIPATION. Date, time, and pricing for Events are available through The App, to which access will be provided upon joining LinkUp as a Member.
c. CANCELLATION/REFUNDS.
i. Event Cancellation.
1. Members will receive full refund in the form of coupons redeemable for future events for events cancelled by LinkUp for any reason. ircumstances.
2. Members may cancel bookings on the following terms:
If cancelled 72 hours prior to event, 100% credit applied to future round in the form of a coupon redeemable for a future round
If cancelled 48 hours prior to event, 50% credit applied to future round in the form of a coupon redeemable for a future round
If cancelled less than 48 hours prior to event, no coupon will be provided.
IV. MISCELLANEOUS
a. INDEMNIFICATION. Member shall indemnify and hold LinkUp and as applicable its partners and their heirs, its employees, agents, affiliates, and assigns harmless from and against any and all claims and suits by third parties for damages; injuries to persons (including death); losses; property damages; liabilities including without limitation tax liabilities; costs or expenses, including reasonable attorneys’ fees incurred or sustained by or imposed upon LinkUp, for acts and omissions arising from or related to this Agreement and the relationship between or among the Parties.
b. SUCCESSORS, ASSIGNS, AND SURVIVAL.
i. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and as applicable their respective heirs, successors, and assigns.
ii. Upon any merger, sale, or disposition of LinkUp, Member’s rights and obligations shall survive.
c. GOVERNING LAW. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of California, without regard to its rules of conflict of law.
d. HEADINGS. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
e. WAIVER. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
f. NOTICES. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the mail, certified or registered, postage prepaid, return receipt requested, or sent by electronic mail, to the addresses or email addresses, as applicable, of the Parties provided at the outset of the Membership unless otherwise amended in writing. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communications is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the mail addressed to the party to whom such notice, demand or other communications is to be given.
g. MODIFICATION OR AMENDMENT. LinkUp may update these Terms & Conditions at anytime. LinkUp will notify members of updates. Members may accept the new terms by continuing membership or reject the new terms by cancelling membership.
h. ENTIRE AGREEMENT. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
i. SEVERABILITY. If any provision of this Agreement is declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions will not be affected and will remain in full force and effect.
j. ASSIGNMENT. Except as otherwise expressly stated in this Agreement, neither Party may assign its rights or obligations under this Agreement without both Parties’ written consent.
k. ATTORNEYS’ FEES AND COSTS: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
No signature is required. Member's acceptance of these Terms & Conditions is evidenced by Member's continued participation in the membership.
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