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Terms and Conditions

 

 

Last Updated:  February 2023

Please read these terms and conditions (Terms) carefully to help you get the best out of your use of our facilities and equipment and understand your rights and responsibilities.

These Terms set out the contract between you and us when using our website or our facilities and equipment at Topgolf Venues in the UK (Location(s)), and if you have purchased a Membership, your Membership terms and conditions.  The Terms DO NOT apply to buying food and beverage, retail, Fastrack Passes, bay reservations, golf coaching/lessons, mini/adventure golf, participating in holiday clubs or hosting an Event at a Location.  You can find the terms and conditions for these products and services on our website.

The language we use should make these Terms as straightforward as possible.  All the terms and conditions are equally important, but we have split them into several parts to help make these Terms easier to read.

Part A.  Key Terms. 1

Part B.  Definitions. 3

Part C.  Using Our Website. 3

Part D.  Gameplay and Membership Categories. 3

Part E.  Location Terms. 4

Part F.  Membership Agreement 6

Part G.  Miscellaneous. 10

Part A, Part B, Part E and Part G apply to all Players and Members who use our equipment and facilities at our Locations. Part C only applies to visitors to our website.  Part F only applies to Members.  Please speak to a member of our Player Services team if you have any questions about these Terms.

When you hit "I ACCEPT" during the sign-up process or otherwise confirm that you wish to use our products and services, you confirm that you have read and understood these Terms and that a contract exists between us.  You confirm that you have read, understand and agree to the assumption of risks, waiver, indemnity and limitation of liability terms in Part A(3).  If you have a Membership, you agree that the contract between us continues for the duration of your Membership, any interruption of your Membership and after your Membership is reinstated.

Part A.  Key Terms

(1)  Information about us and how to contact us

Who are we?  We are Topgolf Limited, a company registered in England and Wales (company number 03724493) with registered offices at Unit 8 Shepperton Business Park, Govett Avenue, Shepperton, Surrey, TW17 8BA.  

How to contact us?  You can contact us by calling our Location.  The number for each Location is available at Topgolf Locations. You may also contact us using the Contact Us form.

How will we contact you?  We may contact you using your last known phone number, email or postal address.

(2)  Gameplay or Membership Suspension/Termination By Topgolf

(a)  Gameplay.  We may refuse admission to any Player suspended for having breached our Player Code of Conduct or Safety Measures.  We may stop gameplay or eject a Player from our Location if the Player has breached our Player Code of Conduct or Safety Measures.  No refunds will be given.  Players may be liable to us for loss or damage we have suffered due to the breach of these Terms.

(b)  Memberships.  We may terminate your Membership for breach by giving notice of the termination.  If we terminate your Membership, you must immediately surrender your Membership Card (if issued).  No refunds will be provided.  You may be liable to us for loss or damage we have suffered due to the breach of these Terms.  

We may choose to terminate your Membership if your account becomes dormant.  Your Membership is considered dormant if there has been no activity for twelve years or more.  We will use reasonable efforts to contact you using your last known contact details.  We will pay to court any unused credits if we cannot contact you.

The most serious breaches of our Terms may result in immediate termination of the ability to play at our Locations or other Participating Locations and, if applicable, termination of Membership. 

We may, instead of termination, choose to suspend your Membership. The length of suspension depends on the circumstances of each case and is determined by us at our sole discretion.

(3)  Waiver, Limitation of liability And Indemnity

(a)  Assumption of Risk.  You agree that you voluntarily participate in activities and use the equipment and facilities at Topgolf and do so at your own risk.  You assume all risk of injury, illness, damage or loss to you or your property (or that of any other Players) that might result from your actions or omissions. 

(b)  Waiver.  You expressly release and discharge Topgolf, its affiliates, agents, representatives, directors, officers, and Topgolf Playmakers (Topgolf Parties) from any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you or your property (or that of any other Players) that might result from your actions or omissions. (Claims).

(c)  Indemnity.  You agree to indemnify, defend, and hold harmless the Topgolf Parties against any Claims (including reasonable legal fees) that might result from your actions or omissions.  You authorise our agents or us to charge to your Payment Method any loss or damages incurred by us, another Player or a third party due to your breach of these Terms.

(d)  Limitation of Liability.  In no event will any Topgolf Parties be liable to you or your companions for any loss or damages incurred over the amounts paid by you in the prior twelve months.  Nothing in these Terms will exclude or limit our liability for personal injury or death where it is due to our negligence.

(e) Force Majeure.  No party will be liable or responsible the other party nor be deemed to be in default of their obligations under this contract  for any failure or delay in fulfilling or performing any term of this contract except for any obligations to make payments to the other party, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's reasonable control, including, without limitation, the following force majeure events: (a) acts of God, (b) flood, fire, earthquake or explosion, (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, (d) government order, law, or actions, (e) embargoes or blockades, (f) national or regional emergency, (g) strikes, labour stoppages or slowdowns, or other industrial disturbances, and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials, (i) epidemics or pandemics (whether declared or undeclared).

(4) Your Privacy

We will process your personal data to provide you with gameplay and/or membership benefits.  Please read our Privacy Notice for more information on how we process your personal data.

Part B. Definitions

Playmakers.  Our staff.

Event.  An event means a pre-booked reservation for two or more bays.  Events are booked through our Topgolf sales team and are subject to the Event Terms and Conditions.  You can find more information about booking your Event at Topgolf on our website.

Fastrack Pass.  A Fastrack Pass allows Players to skip the wait if purchased, subject to the terms and conditions of the purchase.

Player.  An individual who uses our facilities and equipment or participates in activities at our Location, including any individuals who accompany you but do not participate in gameplay or hold a Membership.

Location.  A UK Topgolf Venue, including the building, parking lot and any adjoining land forming part of the Location.

Member.  An individual who purchases a Membership or benefits from Platinum Membership is a Designated Individual.

Membership.  A Taster Membership, Lifetime Membership or Platinum Membership. 

Participating Location.  A Topgolf Venue which participates in selected offerings, such as Platinum Memberships or global membership programmes.  Participating Locations may be operated by our affiliates or franchisees.  Gameplay at Participating Locations is subject to the terms and conditions in force at that Participating Location.  You can find more information on Participating Locations and which offerings are available at Participating Locations on our website.

Payment Date.  If you have chosen a Platinum Membership, monthly, every six months, or annually according to the payment option you select.

Payment Method.  Acceptable payment methods are Visa® or Mastercard® credit or debit cards.  Topgolf Gift Cards cannot be used to purchase a Membership.  We do not accept cash at any of our Locations.

Part C.  Using Our Website

We are part of the Topgolf Callaway Brands Corp Family of Companies and use shared IT services and infrastructure.  Topgolf International, Inc. hosts the Site in the United States. Your use of the Site and our intellectual property is subject to the Site Terms and Conditions. 

Part D.  Gameplay and Membership Categories

Day Pass.  In select Locations only, you may buy a Day Pass.  A Day Pass is not available at all Locations.  A day pass is not a Membership and only entitles you to play on the day and at the Location where you bought the Day Pass.  You also have to buy game time/games.  We will not retain your personal data or playing history.  Our Location Terms apply to all Players playing under a Day Pass.

Taster Membership.  If you have purchased a Taster Membership and paid the joining fee, you may play only at the Location where you bought the Taster Membership.  A Taster Membership is only available at select Locations and is only valid for the duration purchased.  You also have to buy game time/games each time you play.  We WILL NOT refund game time/game credits remaining on the account after the expiry of the Taster Membership.  Our Location Terms and Membership Agreement applies to all Players playing under a Taster Membership.

Lifetime Membership.  If you have purchased our standard Lifetime Membership (a Saver Membership in select Locations) and paid the joining fee, you may play at certain Participating Locations.  Lifetime Memberships are valid indefinitely unless it has been terminated as set out in these Terms.  You must adhere to the Location Terms and Membership Agreement.  You also have to purchase game time/games each time you play.  You may be eligible to purchase a Senior Membership or Assisted Membership if you meet the eligibility criteria (Special Memberships).

Platinum Memberships.  At select Locations, you may purchase a Platinum Membership.  We provide different categories of Platinum Memberships; some are subject to eligibility criteria.  Platinum Memberships are subscription-based, meaning you commit to an annual, every six months or monthly prepayment, which we charge using your Payment Method.  Prepaid fees are non-refundable except in certain limited circumstances.  Unless you have selected the auto-renew option or your Platinum Membership is terminated, your Platinum Membership will be valid for the duration you choose at the time of purchase (the term).  You must adhere to the Location Terms and the Membership Agreement.  Topgolf Playmakers are ineligible to purchase a Platinum Membership.  You can find more information on our Platinum Memberships in Part F, Section (6) of these Terms and on our website.

Juniors.  A parent or guardian may purchase a Day Pass, Taster Membership or Lifetime Membership for children under 16 years.  Children under 18 years cannot buy a Platinum Membership.  A parent or guardian MUST accompany children under 16 years old and be present in the bay at all times.  If you are the parent or guardian agreeing to these Terms for a child under 16 years old, you are responsible for ensuring that the child adheres to our Terms.  Junior memberships are automatically converted to adult lifetime memberships on the junior's 16th birthday.

You can find more information on our Membership categories, at which Locations they are available, and the current benefits and prices on our website, or ask a member of our Player Services team for more information.

Part E.  Location Terms

These Location Terms apply to all Players.

(1)  Rights of Admission Reserved.

Some Locations cannot allow entry of anyone under 18 years during certain times because of licensing requirements. 

We reserve the right to eject, refuse entry to, or refuse gameplay to, anyone not meeting the age requirements, anyone who has previously received a suspension or ban due to a breach of these Terms, our Player Code of Conduct or the Safety Rules, or who is intoxicated, unruly, threatening, violent or dangerous, regardless of whether the individual has an active Membership or not.  We are not liable for any loss you or your companions may suffer if we eject your or refuse entry in these circumstances, and no refunds will be given.

It is your responsibility to ensure that you and any of your companions are old enough to be admitted to a particular Location and eligible to play.  

(2)  Player Code of Conduct and Safety Measures.

We promote a FUN environment for all Players and our Playmakers.  To make sure we can continue to provide a FUN environment in the future, we ask all Players to follow these simple rules to keep us all SAFE:

  • ·        NEVER step over the red line when another Player is taking their shot.  You could be seriously injured.
  • ·        Keep back from the edge.  Hit balls only from the tees on the right or left side of the hitting mat, and DO NOT move the tees towards the front of the hitting mat.
  • ·        NEVER jump deliberately into the safety nets or push others into the safety nets.  There is a risk of serious injury.
  • ·        DO NOT lean over the bay dividers.
  • ·        NEVER step onto the range.  If you step onto the range, there's a high chance you may be badly injured.  Golf balls cause serious damage, so always stay within the bay!
  • ·        DO NOT aim for the buggy.  It is no fun for our Playmakers who are driving the buggy.
  • ·        NO running starts or horseplay
  • ·        UNDER 16's must always be supervised by an adult.
  • ·        DRINK RESPONSIBLY – don't be the one who ruins the fun for everyone else.
  • ·        As difficult as it might be, please avoid foul language or lewd behaviour.  It upsets some of our Players and Playmakers, and we want to keep Topgolf a FUN environment for everyone.
  • ·        The only objects we want on the range are our golf balls.  Other objects can cause a hazard that could end in someone getting hurt.
  • ·        No bare feet allowed.  Please wear appropriate footwear at all times.
  • ·        Leave our Location in a tidy state and avoid damaging equipment.  Remember that others will be playing after you.  Please be respectful to our neighbours when entering or exiting our Location.
  • ·        DO NOT bring illegal drugs or weapons into our Locations.  We cooperate closely with the police, and they WILL be informed.
  • ·        As delicious as your homemade spaghetti carbonara might be, only food and drinks bought from us at the Location can be consumed at our Locations.
  • ·        Our Playmakers are a big part of making the Topgolf experience special – any inappropriate or threatening behaviour towards them or other Players WILL NOT be tolerated
  • ·        Any violent behaviour in our Locations WILL NOT be tolerated and may result in a lifetime ban.  We cooperate closely with the police, and they WILL be informed. 
  • ·        Our Playmakers are trained to keep Players safe; you MUST follow their instructions at all times.

We have a zero-tolerance policy towards persistent and/or significant breaches of our Player Code of Conduct or Safety Measures.  We reserve the right to eject you and your companions from our Location, suspend/terminate your Membership or take such other legal action as we may.  We are not liable for any loss you or your companions may suffer in such situations, and no refunds will be provided. 

(3)  Accidents and Injuries.

You must inform a Topgolf Playmaker as soon as possible if you or your companions suffer any accident or injury at our Location.  A first-aid trained Playmaker will be on shift to help you.  We record all injuries to comply with our obligations under applicable law.

(4)  Hours of Operation and Temporary Closures.

Our hours of operation differ from Location to Location.  You can find our current hours of operation on our website.  We may make changes to the days and hours our Locations are open for business from time to time.  

From time to time, we may temporarily close our Locations for any reason, e.g., inclement weather, under government orders, strikes/industrial actions affecting our operations or if, in our opinion, it would not be safe to continue operations.

We will publish any changes to our hours of operation or closures on our website and social media pages.  Rarely we may not be able to give any notice of the Location's closure.

(5)  Wait times, Fastrack Pass and bay allocation.

Our Locations may be busier at certain times than others on different days of the week, and you may be placed on a waitlist.  

We do not guarantee the availability of any bays; bays will be allocated on a first-come, first-serve basis unless you have purchased a Platinum Membership with priority bay access, a Fastrack Pass, booked an Event or hold an Accessibility Pass.  A Fastrack Pass gives you and your companions (in total, no more than 6 Players for each Fastrack Pass purchased) priority allocation to the next available bay.  Wait times may be extended if you have requested a specific bay.  Players with an Accessibility Pass, Assisted Memberships or Platinum Memberships with priority bay access and Events have priority over Players who have purchased a Fastrack Pass.

We reserve the right to sell out the entire Location for a private event (day or night) (a buyout).  We will provide updates on our website regarding Location closures.  Players who hold Platinum Memberships will be informed by email at least 7 days of any Location closure under these circumstances.

(6)  Games, Offers, Programmes and Pricing.

We reserve the right to change the games on offer and /or the pricing for any games or game time, including restricting the number of games or hours that may be bought without notice.  We will honour any pre-booked bays, games or game time booked and paid before the change is effective.  We may introduce limited-time offers and other programmes from time to time.  Participation in other programmes will be open to all Players, subject to the eligibility criteria.  You can find our current games, limited-time offers, programmes and restrictions on our website.

(7)  Use of Our Names/Logos/Images.

You may not use our names, logos, images or that of any other third party connected with us or the Location in any promotional or display materials (whether a written publication or posted on social media) without our written consent.  You must obtain our written consent before any production and dissemination.  You acknowledge that neither you nor your companions have any rights or interest in any intellectual property we own or license. 

You agree and acknowledge that if for any reason we determine that your or your companions' use of our or any third-party marks licensed to us have been used for promotional purposes, or any images or videos have been published or disseminated promoting or encouraging a breach or wilful disregard of our Player Code of Conduct or Safety Measures, we will have the right to take such legal action as we see fit, including seeking equitable or injunctive relief and you agree to indemnify as set out in these Terms.

Part F. Membership Agreement

The Membership Agreement applies to all Members.  Section (1) through Section (5) applies to all Memberships.  Section (6) applies only to Platinum Memberships.

(1)  Duration

The Membership duration depends on the option you select at the time of purchase.  See our website or ask a member of our Player Services team for more information on the duration of each Membership category.

(2)  Benefits and Prices

From time to time, we may add, withdraw, or otherwise change the benefits available to each Membership category.  The current benefits for each Membership category can be found on our website or ask a member of our Player Services team for more information.

(3)  Prices

We may, from time to time, increase the price for a particular Membership category.  The current prices for Membership can be found on our website or ask a member of our Player Services team for more information. 

(4)  Payment Methods

As a condition of Membership, you authorise our agent or us to charge your Payment Method the fee applicable to the Membership that you selected at the time of purchase.  You may pay for your Membership using any of the accepted Payment Methods.

You authorise our agents or us to place a pending charge to your Payment Method when you sign up for any Membership and before each subsequent periodic charge.  Pending charges will be used to verify your billing address and the validity of your Payment Method 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 reduce the available amount of credit on your Payment Method in the amount of £1 per £1 of the pending charge. 

You authorise our agents or us to charge your Payment Method for any other charges you may incur associated with your Membership, including any damages or loss for which you have indemnified us.

You are solely responsible for all fees charged and all fees charged to your Payment Method by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, currency conversion and over-credit limit fees or interest.

(5)  Reselling and Transfer

Unless otherwise stated, Memberships and their benefits are exclusively for the Member's use.  Memberships may not be sold, transferred or assigned to another individual except with our prior written consent.  Any attempted sell, transfer or assignment by a Member of their Membership may result in termination of the Membership for breach.  We may transfer, novate or assign your Membership to any affiliate or purchaser of its business.

(6)  Platinum Memberships

(a)  Primary Member.  The individual who purchases the Platinum Membership is the Primary Member.  The Primary Member is the only individual authorised to log into the Platinum Membership portal, administer or make changes to the account.

(b)  Designated Individuals.  When you purchase your Platinum Membership, you will identify individuals who may share the Platinum Membership (Designated Individuals).  Designated Individuals are also sometimes called Platinum Members.  The number of Designated Individuals will depend on the type of Platinum Membership chosen.  The Primary Member may contact us by email to change the Designated Individuals.

(c)  Platinum Membership Benefits. 

Eligibility.  Platinum Memberships may be purchased by individuals over 18 years old who are not subject to a previous suspension/termination of gameplay or Membership for breach.  Some Platinum Memberships have additional eligibility criteria, which can be found on our website.  An employer may purchase a Platinum Membership for its employees.

Usage.  A Platinum Membership is a subscription-based shared membership for the number of Designated Individuals specified depending on the Platinum Membership category.  Each Platinum Membership purchased is good for one bay at any one time for up to six Players at Participating Locations only and is subject to the weekly gameplay hour restrictions.  You can find more information on Participating Locations on our website.  Designated Individuals must be present with any invited Players at all times.  Designated Individuals may not share their Platinum Membership benefits with anyone else except as this Membership Agreement sets out.

Lifetime Membership.  Designated Individuals will be granted complimentary Lifetime Membership for the duration of the Platinum Membership unless terminated earlier, as stated in these Terms.  The Lifetime Membership will continue if the Platinum Membership is terminated or not renewed (except if terminated by us for breach or if the Designated Individual is under suspension).  All other Platinum Membership benefits cease on termination or non-renewal.

Retail discounts.  Retail discounts cannot be used with other discounts, promotions, or online purchases.

Platinum Memberships with priority bay access:  The next available bay will be allocated provided that Players with an accessibility pass or Assisted Memberships may take priority for bay allocation as required under applicable law.  Wait times apply and may be extended if a specific bay has been requested.

Platinum Memberships with preferred pricing on Events.  Availability of preferred pricing for Events is based upon the Primary Member and Designated Individuals being active and in good standing at the time of Event confirmation and execution.  The preferred pricing excludes food and beverage.  Events are subject to revenue minimums and require a separate signed Event agreement with payment in advance.  We reserve the right to reduce this benefit if the sum of the discounts received under the Platinum Membership in any given term exceeds three times the value of the Platinum Membership in the same term.

Platinum Memberships with Hole-in-One Prize.  The Hole-in-One Prize is only valid at participating Locations and only if the hole-in-one is in one of the designated targets (see our website for more information).  The Primary Member and Designated Individuals must be in good standing.

Platinum Memberships with Upgraded Clubs.  Upgraded "premium" clubs are available in limited supply and provided on a first-come, first-serve basis.  The Platinum Club Rental terms and conditions apply to such upgraded clubs.

Reduction of Benefits.  We may reduce or suspend the benefits available under Platinum Membership if the Designated Individuals are not in good standing or otherwise in breach of these Terms.

You can find more information on the benefits for each Platinum Membership category on our website.

Termination for breach.  We may terminate your Platinum Membership anytime for breach of these Terms.  If we terminate your Platinum Membership for breach, you will remain liable for all unpaid dues, including recurring Subscription Fees and other charges against your account.  You may also be responsible for any loss or damage we incur due to your breach and under your indemnity obligations set out in these Terms.

(d)  Subscription Fees and Payment. 

Subscription Fees.  The fee for your Platinum Membership depends on the type of Platinum Membership you have chosen at the time of purchase (Subscription Fee).  Subscription Fees are prepaid, either monthly, six-monthly or annually, using your chosen Payment Method.  Subscription Fees are non-refundable unless we have reduced the benefits available without cause or you have terminated your Platinum Membership for breach by Topgolf (if proven).

You agree that we may change our Subscription Fees at any time.  Any such change will be notified to you before the next Payment Date.  If you do not cancel your Platinum Membership before the change comes into effect, you will be charged the new Subscription Fee on your next Payment Date.  You authorise our agents or us to charge the new Subscription Fee to your chosen Payment Method.

Renewals.  If you do not renew your Platinum Membership before the renewal date, it will automatically convert to a Lifetime Membership.  If you have selected auto-renewal, you authorise our agent or us to automatically charge recurring fees on a monthly, six-monthly or annual basis (as applicable) to your chosen Payment Method on the applicable Payment Date.

Tiered Pricing.  The tiered pricing for Platinum Membership depends on the Primary Member maintaining the same number of Designated Individuals associated with the Platinum Membership at the time of renewal.  Should the number of Designated Individuals on the Platinum Membership decrease to a lower tier, the renewal will be subject to the applicable higher pricing for that lower tier.  Similarly, should the number of Designated Individuals on the Platinum Membership increase to a higher tier, the renewal will be subject to the applicable lower pricing for that higher tier.

Payment Methods.  We do not provide copies of charge slips or receipts evidencing the Platinum Membership fee payment.  However, you can access all historical transactions by logging into the Platinum Membership portal and navigating to your transactions.  You agree to pay the Platinum Membership fee as set out in your Payment Method issuer agreement.

If your Payment Method is declined or will not accept charges for any Subscription Fees, your Platinum Membership will be suspended/terminated and automatically converted to a Lifetime Membership.  To reinstate your Subscription Membership, you must update your Payment Method information by logging into the Subscription Membership portal and navigating to your Subscription Membership.

Billing Update Programmes.  From time to time, we may use account updating services provided by the payment card industry.  By signing up for a Subscription Membership, you agree and authorise us to update your Payment Method or similar account information and charge any updated Payment Method under the terms and conditions of such billing update programmes.

Default.  If you default on any payment under your Platinum Membership, we may declare all or any future payments to be made immediately due and payable.

Not a Credit Transaction.  You agree that Platinum Membership does not involve an extension of credit or a retail instalment sale as we do not impose a finance charge, and you may choose to continue or stop your Platinum Membership at any time.  Void where prohibited.

(e)  Corporate Platinum Memberships.  If the Primary Member's employer pays for a Platinum Membership, the employer holds the right to the Platinum Membership.  If the employer no longer employs the Primary Member through the end of the term, the Platinum Membership may be assigned to a new Primary Member nominated by the employer.

(f)  Picture Identification / Sign in.  Designated Individuals and their invited Players must check in at the designated area.  Designated Individuals must check in using their mobile number and a valid photo identification confirming their identity and agree to have their picture taken for our internal purposes upon joining.

(g)  Changes to the Platinum Memberships offering.  We may suspend, modify or end the availability of Platinum Memberships without notice, but we will honour any existing Platinum Memberships that are in good standing up to the next renewal and Payment Date, at which point your Platinum Membership will terminate.

(h)  Platinum Club Rental.  The following terms and conditions apply if you rent platinum golf clubs (Rental Clubs) from us to play at our Topgolf Venue.  By accepting these Terms, you agree (1) to use the Rental Clubs responsibly at all times; (2) to not intentionally damage the Rental Clubs in any way; (3) to only use the Rental Clubs to play Topgolf in the assigned bay at the Topgolf Venue where you have been provided with the Rental Clubs for the time rented (Rental Period); (4) to not remove the Rental Clubs from the Topgolf Venue; and (5) return the Rental Clubs to the Topgolf Venue's reception at the end of your Rental Period.   If you do not return the Rental, you may be liable for the full replacement value of the Rental Clubs (Replacement Fee).

If you, any Designated Individual, any member of your party or any person for whom you are responsible damages the Rental Clubs to such an extent that the Rental Clubs are deemed unusable (as determined by us, acting reasonably) at any time while the Rental Clubs remain in your possession, you will be liable for our reasonable repair charges up to and including the Replacement Fee.   The Replacement Fee represents our genuine assessment of our loss due to the damage or failure to return the Rental Clubs.  You will not be liable for fair wear and tear to the Rental Clubs. We recommend that you inspect the Rental Clubs on taking possession of the Rental Clubs and report any damages to the Topgolf Venue reception.

We reserve the right to take a holding deposit or pre-authorisation on your Payment Method. You authorise us to charge your Payment Method for any Replacement Fee. You further agree that you are liable for any personal injuries or property damage sustained by other players and visitors, our workers, and/or your invitees due to the use of the Rental Clubs. You agree to indemnify, defend, and hold us and our affiliates, officers, directors, workers, agents, and representatives harmless from any claims, suits, fees, losses, liabilities, damages, judgments, costs and expenses relating to personal injuries or property damage sustained as a result of the use of the Rental Clubs.

Part G.  Miscellaneous

(1)  Changes to these Terms

From time to time, we may change these Terms, temporarily or permanently, to reflect any changes in our operations, whether brought about by law or any other reason.  We will make reasonable efforts to inform you of any changes to these Terms.  We will do this by emailing you in advance.  By returning to our Location and purchasing further game time/ games or Memberships, you are deemed to have accepted any changes to these Terms.

(2)  Entire Agreement

These Terms apply to your use of our facilities and equipment at our Locations.  Nothing outside these Terms is considered part of the contract between you and us.

(3)  Governing Law

The laws of England and Wales will apply to these Terms, and we both agree that only English and Welsh courts shall have jurisdiction over any proceedings brought by you or us.