Event Terms and Conditions
This Event Agreement between Topgolf USA, LLC and the Client named above is made subject to the Event Agreement Terms & Conditions listed below.
EVENT CONFIRMATION & CHARGES
- 50% deposit and a signed Event Agreement required to confirm the event.
- Deposit may be paid by credit card, cash, company check payable to Topgolf (if approved by Topgolf), or ACH payments. ACH payments must be received five (5) days prior to the event date. Subject to Topgolf’s prior written approval, corporate events may also pay by company check payable to Topgolf.
- All rentals, food and beverage are subject to applicable prevailing tax rates.
- Food, beverage, and select rentals are subject to a mandatory 15.00% service charge and a 5.00% administrative fee. The 15.00% service charge will be distributed to the team members assigned to your event and neither the service charge nor the administrative fee are property of the employee. Service Charge and/or Admin Fee is subject to tax when applicable.
- All events are subject to a revenue minimum spend prior to applicable taxes, service charges, and outside vendor fees.
FINAL GUEST COUNT
- Final guest count must be confirmed at least seven (7) days prior to the event. Guest count decreases will not be accepted after this deadline.
- Guest count cannot be reduced below the guest minimum required for event.
- Guest count increases within 72 hours of the event or additional guests on the day of the event will be accommodated if possible based on availability, and a $10 per person surcharge along with other applicable per person charges will be applied to final balance. Guests not included in this per person charge will not be allowed into the event area.
FOOD & BEVERAGE
- No outside food or beverages allowed except for store bought cakes which must be in a sealed container with the ingredients clearly labeled.
- Event Catering quantities are pre-portioned and served based on the final guest count provided seven (7) days prior to the event. Event Catering does not provide unlimited or all-you-can-eat servings. Based on availability, catering may be replenished the day of your event for an additional fee. Not all menu items are available to add-on at the time of the event.
- All Events are required to meet a revenue minimum prior to tax and administrative fee. Only food and beverage purchased at Topgolf may be consumed on site.
- Event food and beverage cannot be packaged “to-go” and must be consumed on-site.
- Due to health code regulations, Client’s catering package may be displayed for 90 minutes and cannot be taken home.
EVENT TIME & SPACE
- All events are a minimum of two (2) hours.
- Event shall begin and end at the contracted times.
- Topgolf will hold event space for 15 minutes past the contracted start time. Should no guests arrive within this time Topgolf reserves the right to release the space.
- Extension of the event space is subject to space availability and additional charges will apply.
- Specific bays are not guaranteed unless otherwise noted on this Event Agreement for full-floor buyouts and groups that purchase the rental of an Event room.
- Topgolf reserves the right to reassign or substitute the Client’s reserved event space to a comparable space to accommodate both the Client and all other guests using Topgolf’s facilities.
- Final payment equal to the Total Outstanding Charges as set forth in this Event Agreement less deposit paid is due in full three (3) business days prior to your event.
- Final Payment may be paid by credit card, cash, company check payable to Topgolf (if approved by Topgolf), or ACH payments. ACH payments must be received five (5) days prior to the event date.. Subject to Topgolf’s prior written approval, corporate events may also pay by company check payable to Topgolf. ACH payments must be received five (5) business days prior the event date.
- If final payment is not received within three (3) business days prior to the event, Topgolf reserves the right to cancel the event and retain the deposit. Topgolf does not retain credit cards on file.
- When two or fewer bays are contracted as the sole event space, the final balance will be due the day of the event (excludes kid’s and teen packages).
- Any additional charges on the day of the event must be paid in full at the conclusion of the event.
- Topgolf does not retain credit cards on file.
EVENT REFUND, CANCELLATION & RESCHEDULE POLICY
- Cancellation/Reschedule within 7 Days prior to the start of the event: Topgolf will retain 100% of funds paid to date and 100% of the total contracted event will be forfeited.
- Cancellation/Reschedule 8-30 Days from the event date: Topgolf will retain 100% of funds paid to date. 50% of the total contracted event will be forfeited. The remaining amount on file may be used as an event credit for a future event of greater or equal value that takes place within (12) months from the original event date.
- Cancellation/Reschedule 31+ Days from the event date: Topgolf will transfer 100% of payment on file for rescheduled events to be used as a credit for an event that takes place within (12) months from the original event date – or – for non-rescheduled events, 25% of the funds paid to date will be forfeited and 75% of the remaining amount will be refunded.
- This cancellation policy remains in effect regardless of the weather on the day of the scheduled event as Topgolf can be played regardless of the weather conditions, except for any force majeure event.
- Event credits unused within (12) months from the original event date will be forfeited.
- Event credits used towards a rescheduled event shall expire upon reschedule and will not be available for use if the event requires an additional rescheduling.
- Topgolf reserves the right to inspect the identification of any person.
- Topgolf will fully comply with all alcoholic beverage control laws including, without limitation: (i) requesting proper legal identification of any person of questionable age; (ii) refusing service of any alcoholic beverages to any person or persons who are underage or cannot produce, upon request, proper identification, in Topgolf’s sole and absolute discretion; (iii) refusing service of any alcoholic beverage to any person or persons, who, in Topgolf’s sole and absolute discretion, appears to be intoxicated or under the influence of mind altering substance; and (iv) carrying liquor liability insurance as required by applicable law.
- If minors attending the Event are observed consuming alcoholic beverages on the Facility premises, Topgolf, in its sole and absolute discretion, shall have the right to remove the minor from the premises and immediately terminate the Event without further obligation to the Client or any of the guests of the Event.
SAFETY & RESPONSIBILITY. Clients and all guests of the Event must adhere to Topgolf's safety rules listed below. Topgolf reserves the right to remove from the venue any Event guest who violates the safety rules. If injury should result because safety rules are not followed or are ignored, Topgolf will not be liable.
Everyone’s safety is very important.
By participating in the Event at Topgolf, all Event guests agree to abide by the following safety rules in addition to all verbal and posted instructions.
Topgolf Safety Rules:
1. All players must hit from the mat at all times. No running starts or horseplay.
2. Only the person hitting a ball should stand beyond the red line. All other players should stand behind the red line at all times. Players are responsible for the safety of others around them and should always check their surroundings before swinging a club.
3. Aim for the targets at all times. Aiming for the ball picker or intentionally hitting golf balls over the boundary netting is prohibited, and players are responsible for any damages or injuries they cause.
4. Guests must stay behind the yellow line at all times. Please take extra care when playing from the upstairs bays.
5. Anyone under 16 must be supervised by a Guest who is 21 or older at all times. Anyone under 18 must be supervised by a Guest who is 21 or older after 9PM. If injury should result due to lack of supervision, Topgolf shall not be held liable.
6. Throwing golf balls is prohibited. Only dispense one golf ball at a time.
7. Topgolf is not responsible for lost or stolen items.
8. Using anything other than the Topgolf provided tees for hitting balls is prohibited.
PERSONAL PROPERTY. Client assumes all risk and responsibility for any personal property and/or equipment brought into the venue in connection with the Event that may be damaged, lost, stolen or left at the venue before, during or after the Event, and will not hold Topgolf responsible for any such loss, theft, or damage, except to the extent such loss, theft, or damage is directly caused by Topgolf. Topgolf will not accept deliveries to store Event items unless Client has obtained prior written approval from the Topgolf Event Sales Associate at least seven (7) days prior to the Event. All items are shipped at the Client’s own risk and at the Client’s sole expense. If Client’s property is not removed by end of business day of the Event, Topgolf reserves the right to charge the Client a storage and disposal fee due immediately.
ADVERTISING AND BRANDING. Client or other third-party names, logos, symbols, trademarks, or tradenames are not allowed to be displayed within or behind the bays. Advertising of any kind can only be displayed in a contracted private event space and invisible to the general public. Signage to direct the Client’s guests is allowed subject to Topgolf’s prior written approval, but may not include logos, symbols, or pictures of any kind and must be displayed in a Times New Roman font.
Any and all uses of the Topgolf name, logo, photos, and/or other intellectual property must be approved in writing by the Topgolf marketing department. Upon written request by the Client, Topgolf will provide venue approved photos, invitation templates, and logos. Any items that do not adhere to Topgolf’s brand standards must be taken down immediately.
USE OF LOGOS, IMAGES, AND MARKS. All promotional and display materials relating to the Event, including any images or materials (collectively, “Images”), that refer to or depict the Topgolf venue or Topgolf’s name, logo, symbol, trademark or tradename (collectively, “Topgolf Marks”) shall be subject to Topgolf's prior written approval. Client may not use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party in connection with the Event without the prior written approval of Topgolf. Client has no rights or interests in any intellectual property owned or licensed by Topgolf. Images may not be used to state or imply the endorsement by Topgolf or of any Topgolf personnel with any commercial product, process or service, or used in any other manner that might mislead or imply any approval, sponsorship, endorsement or affiliation between the Client and Topgolf. Client may not use trademarks, logos or other content that is confusingly similar to the Topgolf Marks. If Client wishes to obtain Topgolf’s permission for any uses of Images or the Topgolf Marks or for any other use which is not specifically addressed in this Event Agreement or Client becomes aware of unauthorized use of the Topgolf Marks, please contact email@example.com. Please note that permission is at Topgolf’s sole discretion and, if granted, will only be granted under certain conditions and/or subject to the Client entering into an agreement with Topgolf.
FILMING POLICY. Commercials, corporate social media content, photography, videography, or other promotional messages may not be filmed at the Topgolf venue unless the Client enters into a separate agreement with Topgolf expressly permitting such use. Only small flash photography cameras, point-and-shoot cameras, and cell phones will be allowed for filming at our venues, but no professional lenses or lenses over 3" are permitted. A tripod to stabilize the phone/camera is permitted. No drones or audio recorders allowed. If a professional filming crew or a bigger camera(s) are being brought into the venue, please send your filming request to firstname.lastname@example.org a minimum of five business days in advanced for review. NOTE: We do not allow drones or GoPros attached to any Topgolf property.
FORCE MAJEURE. For purposes of the Event Agreement, the term force majeure includes strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, unusual transportation delays, riots, hurricanes, floods, blizzards, explosions, earthquakes, fire, or other acts of God, acts of the public enemy, wars, insurrections and/or any other cause outside the reasonable control of either party. In the event either party’s performance is excused due to a foregoing force majeure event, the Client will be able to apply the full deposit toward a rescheduled Event or the deposit shall be refunded in full. Topgolf and the Client hereby waive any claim for damages or compensation should this Event Agreement be terminated by an act of force majeure.
COVID-19. COVID-19. Client and Topgolf agree that if: (i) the World Health Organization or Centers for Disease Control and Prevention or United States Federal Government Executive Office restricts travel or issues a travel warning with respect to travel to the Event; (ii) as a result of Coronavirus Disease 2019 or variants thereof (collectively, COVID-19), it becomes impossible for at least 60% of Client Event guests to attend the Event; or (iii) Topgolf cannot provide reasonable assurances that it will be able to perform its obligations under this Agreement, then:
- no further payments or other obligations shall be owed or required to be performed by either party;
- Client will have the right to terminate this Agreement without further liability of any nature; and
- any and all deposits paid pursuant to this Agreement shall be returned to Client.
INSURANCE. Upon execution of this Event Agreement and before commencement of any services, Topgolf reserves the right to require the Client to provide a certificate of insurance and accompanying endorsements evidencing proof of the following coverages and amounts with such insurers.
Client and Topgolf will, at their own cost and expense, obtain and maintain in full force and effect, with a financially sound and reputable insurer having A.M. Best ratings of at least A/(VII) or better, the following liability insurance:
(i)General Liability Insurance with a minimum of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate;
(ii) Workers’ Compensation Insurance not less than the statutory limits required in the state where the venue is located, including Employer’s Liability of not less than One Million Dollars ($1,000,000) per occurrence;
(iii) Automobile Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence.
(iv) Umbrella Liability Insurance in an amount not less than Five Million Dollars ($5,000,000).
All policies must include the following endorsements and must be shown on the certificates naming Topgolf International, Inc. and its affiliates:
1. Additional Insured on a primary and non-contributory basis with respect to subparagraphs (i) and (iii) above.
2. Waiver of Subrogation with respect to subparagraphs (i), (ii), (iii), and (iv) above.
Topgolf International Inc. and its affiliates
8750 N. Central Expressway Ste 1200
Dallas, TX 75231
INDEMNIFICATION. Topgolf and Client each agree to indemnify, defend and hold harmless the other party, its affiliates, agents, representatives, directors, officers, and employees from and against any and all claims, suits, fees, losses, liabilities, damages, judgments, costs and expenses (collectively referred to as “Claims”), including reasonable attorney fees incurred as a result of such Claims, arising out of the actions of the indemnifying party pursuant to the Event Agreement, including but not limited to (a) the indemnifying party’s gross negligence or willful misconduct in the performance or non-performance of this Event Agreement, (b) the indemnifying party’s breach of any representation, warranty, or other obligation under this Event Agreement, and/or (c) any personal injury (including death) or damage to property resulting from the indemnifying party or its employees’, invitees’ or guests’ acts or omissions.
APPLICABLE LAW. This Event Agreement shall be governed by the internal laws of the State of Texas, without regard to the conflicts of law provisions thereof, and each party irrevocably submits themselves to the jurisdiction of the State Courts of Texas located in Dallas County, Texas, and the United States Federal District Court for the Northern District of Texas, Dallas Division.