Terms & Conditions
Terms and Conditions Agreement
Topgolf International, Inc. and its subsidiaries (hereinafter referred to at times as “Topgolf”, “Company” “we” or “us”) welcome you to our websites (collectively, hereinafter referred to at times as the “Sites”). Below are the terms and conditions for use of the Sites (hereinafter referred to as “Terms and Conditions Agreement”). By using or accessing the Sites, you hereby agree to be bound by this Terms and Conditions Agreement. If you do not agree with this Terms and Conditions Agreement, discontinue or do not use the Sites. The terms and conditions contained herein are subject to change and can be modified at any time with notice to you. Be sure to review this Terms and Conditions Agreement periodically for updates, as your continued use of the Sites signifies your acceptance of any changed terms and conditions set forth in this Terms and Conditions Agreement.
Note that the headings contained in this Terms and Condition Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions Agreement. Please read this Terms and Conditions Agreement carefully before using the Sites, including the mandatory Binding Arbitration Agreement, which requires that disputes are resolved by final and binding arbitration on an individual and not a class‐wide or consolidated basis.
The tradename TOPGOLF, the TOPGOLF SHIELD and other marks and logos are the intellectual property of Topgolf International, Inc. and its subsidiaries.
Our Sites and all of their contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software (collectively, the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Topgolf or the party credited as the provider of the intellectual property. Additionally, the Sites themselves are protected by copyright as a collective work and/or compilation.
Your use of the Sites does not create, and nothing contained in the Sites shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Topgolf or any third party. The Sites are provided free of charge and are for informational purposes only and do not create a business or professional services relationship between you and Topgolf.
No portion of the Sites may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Topgolf.
You may browse through the Sites and occasionally download small amounts of materials appearing on the Sites that are of personal interest to you for your personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Sites. You may not attempt to alter or modify the content posted on the Sites. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way use any of our Intellectual Property or the Sites themselves.
Buying Memberships and Credits Online
Currently in select locations only, Topgolf offers customers the ability to purchase a lifetime membership or subscription membership (“Subscription Membership”) and credits for use at such locations. To purchase a membership and/or credits online, you must provide to Topgolf your name, e-mail address and credit or check card (check card must bear the VISA® or MASTERCARD® logo) for the payment method that you will use to make the purchase (hereinafter referred to as your “Payment Card”).
By requesting membership at Topgolf and by accepting the benefits of membership at Topgolf, you agree to the terms and conditions found in the Membership Agreement.
Subscription Membership: If you choose a Subscription Membership, you agree that as a condition of your continued membership at Topgolf you authorize Topgolf or its agent to charge your Payment Card the Membership fee (plus applicable taxes), in effect from time to time, on the renewal date of your membership, if you have enabled auto-renew and until your Subscription Membership is canceled, as set forth in the Membership Agreement.
Pending Charges: You also authorize Topgolf to place a pending charge to your Payment Card when you sign up for membership (for both lifetime membership and Subscription Membership), and prior to each subsequent periodic charge for Subscription Memberships. Pending charges are used to verify your billing address and the validity of your Payment Card, 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, however, reduce the available amount of credit on your Payment Card in the amount of $1 per pending charge.
Fees Relating to your Payment Card: You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
Expiration Date and Refusal of Charges to Your Payment Card: If your Payment Card reaches its original expiration date, your failure to cancel or disable the auto-renew feature on your Subscription Membership constitutes authorization for Topgolf to continue billing that Payment Card.
From time to time, Topgolf may avail itself of account updating services provided by the Payment Card industry, including, without limitation, VISA’s Account Updater program or MasterCard’s Automatic Billing Updater program. By subscribing to a Subscription Membership, you hereby agree and authorize Topgolf to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.
To find out how to cancel your Monthly Membership, click here: No refunds will be given online on any purchases of credit to use at our locations
Proper Use of Our Site
You may not use the Sites for any purpose that is unlawful or prohibited by this Terms and Conditions Agreement, or cause damage on or through the Sites. You agree that none of your communications with or through the Sites will violate any applicable local, state, national, international or other law. You further agree that none of your communications with or through the Sites will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of the Sites in any manner.
You agree to defend, indemnify, and hold Topgolf, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Sites, including without limitation your use of the Sites in a manner that violates or is alleged to violate this Terms and Conditions Agreement or any applicable law.
Disclaimer of Warranty and Limitation of Liability
Topgolf does not guarantee the accuracy of information found on the Sites. Your reliance on information found on the Sites is at your own risk.
THE SITES, AND ALL THEIR CONTENTS, ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOPGOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITES AND/OR THEIR CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL TOPGOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITES AND/OR THEIR CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITES, THEIR FEATURES AND/OR THEIR CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THE SITES, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN TOPGOLF OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
TOPGOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITES AND/OR THEIR CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THE SITES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITES CONTAIN ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. TOPGOLF UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of Topgolf or any affiliate, licensor, supplier or any other party involved in creating the Sites and/or their contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Sites or $100, whichever is less. You agree to bring any and all actions within one year from the date the cause of action first occurred and that actions brought after this date will be forever barred.
Links to Other Websites
Our Sites may provide links to websites not operated by Topgolf. Access to any other websites linked to the Sites is at your own risk. Such links do not imply, nor should you infer, Topgolf’s association, sponsorship, affiliation or endorsement of material on any other website, and Topgolf assumes no responsibility for third-party websites, including but not limited to any content contained on such websites. For example, Topgolf does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party websites, even if someone from Topgolf is quoted, leaves a comment, or our marketing or other materials make reference to that party’s website.
Although Topgolf may open a new browser window when you click on a link to a third party’s website, Topgolf does not guarantee that you will receive this alert when you leave the Sites. It is your responsibility to determine when you have left the Sites.
Unless otherwise set forth in a written agreement between you and Topgolf, you may link your website to the home page of our Sites, provided that you adhere to the following linking policy: (i) any link to Topgolf’s Site(s) must be a text only link and clearly marked “Topgolf Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Topgolf’s names and trademarks, (iii) the link must “point” to the URL www.topgolf.com and not to other pages within the Sites, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Topgolf, (v) when selected by a user, the link must display the Site(s) on full-screen and not within a “frame” on the linking Site(s), and (vi) Topgolf reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Feedback and Submissions
Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to the Sites will be deemed to transfer to Topgolf all present and future ownership and intellectual property rights in such submission of every kind and nature everywhere. All such submissions by you are voluntary, and Topgolf has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you agree that you hereby waive all publicity rights and so-called “moral rights”. You agree that Topgolf has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. If any court determines that Topgolf does not retain exclusive ownership of any such submissions, then Topgolf retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
Topgolf is not responsible for any submission on its social media pages, including but not limited to Facebook and Twitter, which feed into the Sites. You shall not submit or otherwise publish through such social media pages any content which libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-Approved Material”).
Topgolf may terminate your access to the Sites immediately without notice if, in Topgolf’s sole discretion, you fail to comply with any of the terms of this Terms and Conditions Agreement. You may terminate this Terms and Conditions Agreement, immediately without notice to Topgolf, at any time by discontinuing your use of the Sites, and your use of any information you have obtained from the Sites. The paragraphs entitled “Intellectual Property,” “Disclaimer of Warranty and Limitation of Liability,” “Feedback and Submissions,” “Additional Terms,” and “Governing Law and Jurisdiction” shall survive termination of this Terms and Conditions Agreement for any reason.
Certain areas within the Sites, may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with those areas. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms and Conditions Agreement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions Agreement, this Terms and Conditions Agreement control.
Privacy and Children’s Information
Text Messaging Terms and Conditions
Before enrolling in any of Topgolf’s text message program(s), please read this Terms and Conditions Agreement carefully, including the mandatory Binding Arbitration Agreement, which requires that disputes are resolved by final and binding arbitration on an individual and not a class‐wide or consolidated basis.
Topgolf may offer recurring text messaging programs and occasional one-time or limited-duration text messaging programs. This Terms and Conditions Agreement governs these text message programs.
When you agree to participate in our text messaging programs, you typically agree to receive recurring messages, some of which may be marketing messages, including special offers, alerts, rewards, deals, updates, and reminders and information from Topgolf. However, you may also choose to sign up for other text message programs, for example, regarding specific promotions or events or to confirm your identity before accessing your account. Messages may be in SMS, MMS or RCS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.
Topgolf may transition from one short code or telephone number to another, and you consent to receive messages from the new short code or number.
To opt-in to receive text messages from any of Topgolf’s text messaging program(s), please follow the instructions provided by Topgolf, which may include texting a message to a short code, providing your phone number on-site at a Topgolf location or online at our website or through a mobile app, or otherwise providing your consent. You may need to confirm your consent such as by replying “Y” or through another designated response to an initial text message sent to you.
To stop receiving text messages from a specific text messaging program, text “STOP” to the five-digit short code or telephone number for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you have opted out.
To enroll in any of Topgolf’s text messaging program(s), you must be the mobile account holder and a resident of the United States. If you change your mobile phone number, you agree to promptly notify Topgolf of that change by contacting our help desk as described in our applications and on our Sites.
If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. Topgolf and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages.
To request more information, reply “HELP” to the number from which you received our text message(s).
Topgolf may revise, modify, or amend these terms and conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our Sites or application(s). You agree to review this Terms and Conditions Agreement periodically to ensure that you are aware of any changes. Your continued consent to receive text messages from Topgolf will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign up for our text message program(s).
Binding Arbitration Agreement
As part of this Terms and Conditions Agreement, you and Topgolf each agree as follows (the “Arbitration Agreement”).
You agree that any dispute or controversy or claim arising out of or relating to the Sites, use of the Sites, and/or this Terms and Conditions Agreement (including, without limitation, the arbitrability of any claim or controversy) shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Arbitration Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against Topgolf, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Topgolf will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Topgolf shall be entitled to arbitrate their dispute.
The arbitration of disputes pursuant to this paragraph shall be in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
You and Topgolf agree that, in the event that there are fifty or more individual requests for arbitration of a similar nature filed against Topgolf within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure, a “Batch Arbitration”). You and Topgolf agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis, and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
You agree that any claim or controversy you may have arising out of, or relating to, your use of the Sites must be initiated via arbitration as detailed in this section within the applicable statute of limitations for that claim or controversy, or it will be forever barred. Likewise, you agree that all applicable statutes of limitation will apply in such arbitration in the same manner as those statutes of limitation would apply in a court of competent jurisdiction in the U.S.
By agreeing to the arbitration of disputes as set forth herein, you agree that you are limiting certain rights, including without limitation, waiving your right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS rules and these dispute resolution terms, and the right to certain remedies and forms of relief, including limiting your right to appeal; provided that nothing herein will restrain a Texas resident’s right, if any, to seek public injunctive relief as permitted by law. Other rights that you would have in court also may not be available in arbitration.
Do not use the Sites or enroll in any of Topgolf’s text message programs if you do not agree to the foregoing binding arbitration provisions.
No delay or failure by Topgolf to enforce any of these Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by Topgolf nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of Topgolf shall have any legal effect.
If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
The Sites are operated by Topgolf International, Inc., a Delaware corporation. Topgolf makes no representation that the information in the Sites is appropriate or available for use outside of the United States, and access to the Sites from territories where the content of the Sites may be illegal is prohibited. If you access the Sites from outside the United States, be advised the Sites may contain references to products and services that are not available or are prohibited in your country. Those who choose to access the Sites from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between Topgolf and you with respect to the subject matter herein.
This English-language Terms and Conditions Agreement is Topgolf’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into another language, this English-language document shall control.
For More Information
If you have any questions regarding our Terms and Conditions Agreement, please contact us by sending an email to firstname.lastname@example.org or writing to us at Topgolf International, Inc.,8750 N. Central Expressway (Suite 1200), Dallas, TX 75231, ATTN: Marketing Resources.
Updated: June 26, 2023