Membership Terms & Conditions
Effective Date: March 15, 2017
This Membership Agreement (this "Agreement") sets forth the terms and conditions of your Kevics, LLC (Kevics Golf) membership. If you have any questions, please feel free to consult any member of our staff for assistance.
I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS AND POLICIES OF THIS MEMBERSHIP AGREEMENT. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH KEVICS GOLF. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS INTERRUPTED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF INTERRUPTION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED. THIS AGREEMENT IS THE ENTIRE AGREEMENT, AND NO VERBAL OR OTHER AGREEMENTS HAVE BEEN MADE TO ALTER THE TERMS OF THIS AGREEMENT.
KEVICS GOLF MEMBERSHIP TERMS AND CONDITIONS
MEMBERSHIPS: Kevics Golf currently offers monthly memberships for adults and juniors. These monthly memberships will collectively be referred to as "Monthly Memberships" in this Agreement.
Our junior academy memberships require a commitment from the parents and the junior golfers to be at their scheduled practices and to be at any on-course learning that is scheduled. For example: If you are in the Monday Group, then you are expected to be there on Mondays only and be on time for practices. We need you to commit to the day you choose and to be on time. This creates the best learning environment for all members as it limits interruptions to our practices. This also applies to any on-course learning over the duration of your membership.
MEMBERSHIP TERMS: If you choose a Monthly Membership, you agree that as a condition of your continued membership at Kevics Golf, you authorize Kevics Golf or its agent to charge your Payment Card the Monthly Membership Fee (plus applicable taxes), in effect from time to time and which may change, on each monthly periodic anniversary date of your membership, until your Monthly Membership is cancelled, as set forth in Paragraph 19 below. All Monthly Memberships will be charged on the 1st of each month. For example, if your Monthly Membership began on June 5th, your Payment Card will be charged for the Monthly Membership Fee on 1st of each month thereafter until your monthly membership has expired or has been cancelled. You will not be provided with copies of charge slips evidencing the recurring charges of the Monthly Membership Fee unless requested. You agree to pay the Monthly Membership Fee (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize Kevics Golf to charge your Payment Card for any other charges you may incur associated with your Monthly Membership.
MEMBERSHIP BENEFITS: Kevics Golf reserves the right to choose which Membership Benefits are available only to the Individual Member.
JUNIOR FUNDAMENTALS TEAM MEMBERSHIPS
FUNdamentals Team Monthly Memberships begin as an initial three (3) month term (the "Membership Initial Term") that, if not terminated at the end of the initial 3-month period, continue as a 1-month membership for the convenience of the Member until terminated in accordance with this Agreement. The cost for a 3-Month Advanced Membership is a $200 monthly fee (the "Monthly Membership Fee").
JUNIOR ADVANCED TEAM MEMBERSHIPS
Advanced Team Golf Monthly Memberships begin as an initial three (3) month term (the "Membership Initial Term") that, if not terminated at the end of the initial 3-month period, continue as a 1-month membership for the convenience of the Member until terminated in accordance with this Agreement. The cost for a 3-Month Advanced Team Membership is a $270 monthly fee (the "Monthly Membership Fee"). The cost for a 6-Month Advanced Team Membership is a $245 monthly fee (the "Monthly Membership Fee").
JUNIOR ELITE TEAM MEMBERSHIPS
Elite Team Monthly Memberships begin as an initial three (3) month term (the "Membership Initial Term") that, if not terminated at the end of the initial 3-month period, continue as a 1-month membership for the convenience of the Member until terminated in accordance with this Agreement. The cost for a 3-Month Elite Team Membership is a $440 monthly fee (the "Monthly Membership Fee"). The cost for a 6-Month Elite Team Membership is a $400 monthly fee (the "Monthly Membership Fee"). The cost for a 9-Month Elite Team Membership is a $375 monthly fee (the "Monthly Membership Fee").
JUNIOR COLLEGE PATH TEAM MEMBERSHIPS
College Path Team Monthly Memberships begin as an initial three (3) month term (the "Membership Initial Term") that, if not terminated at the end of the initial 3-month period, continue as a 1-month membership for the convenience of the Member until terminated in accordance with this Agreement. The cost for a 3-Month College Path Team Membership is a $540 monthly fee (the "Monthly Membership Fee"). The cost for a 6-Month College Path Team Membership is a $485 monthly fee (the "Monthly Membership Fee"). The cost for a 9-Month College Path Team Membership is a $440 monthly fee (the "Monthly Membership Fee").
PRACTICE CANCELLATION POLICY
Most memberships will have team practices three times a month. This allows for an off week during the 4th week and if applicable, the 5th week. We will do our best to schedule the make-ups during those weeks.
Sometimes life happens and it may cause an unexpected cancellation of practice. If weather is not the cause for the cancellation, we will do our very best to schedule a make-up practice within the same week.
If your membership includes a lesson. The lesson must be booked each month or it expires. The lesson does not carry over from month to month. Parents are responsible for booking these lessons. If the team member wishes to take more than one lesson in a month, the additional lessons will be scheduled at the instructor's regular hourly junior rate.
PAYMENT CARDS: You may pay by, VISA?, MASTERCARD?, AMERICAN EXPRESS?, or DISCOVER? credit card or VISA or MASTERCARD check card (check card must bear the VISA or MASTERCARD logo) for any membership. Any such credit or check card shall be referred to as the "Payment Card". You also authorize Kevics Golf to place a pending charge to your Payment Card when you sign up for any membership and prior to each subsequent periodic charge for Monthly Membership. 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 $1 of pending charge. You also authorize Kevics Golf to charge your Payment Card for any other charges you may incur associated with your Monthly Membership, if applicable.
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. Cash or check will not be accepted for monthly billing.
EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD. If your Payment Card reaches its expiration date, your failure to cancel your Monthly Membership constitutes authorization for Kevics Golf to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic Monthly Membership Fee, your Monthly Membership will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, Kevics Golf may attempt to charge the Payment Card the periodic Monthly Membership Fee every 10 days. If the charge is accepted, then your Monthly Membership benefits will be reinstated as of the date the charge is accepted. In order for your membership to be reinstated, you must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting Member Services. If Kevics Golf is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due Kevics Golf membership fees are paid, then your Monthly Membership benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Monthly Membership is cancelled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Kevics Golf is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Monthly Membership will be terminated and you will not be able to use your membership or any associated perks at any Kevics Golf location. If Kevics Golf terminates your membership, you must immediately surrender any membership cards and you will remain liable for all unpaid dues (including any Monthly Membership charges and all other charges against your account). If your membership is terminated by Kevics Golf, you will not receive a refund on any amounts paid under any type of membership.
From time to time, Kevics Golf 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 enrolling in a Monthly Membership, you hereby agree and authorize Kevics Golf 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.
SERVICE CHARGES: You agree to pay a $20.00 charge (plus applicable taxes) for all rejected payments, whether by Payment Card, or Pre-Authorized/credit card auto debit system. Any arrears of dues owed to Kevics Golf will bear interest at 18% per annum (subject to applicable usury laws).
MEMBERSHIP FREEZE: Kevics Golf offers Members the ability to temporarily suspend, or "freeze", their Monthly Membership when they know in advance they will not be using Kevics Golf for an extended period. A Membership may be placed on freeze with a written notice from a Member to Kevics Golf. Months on freeze do not apply toward the Member's 3-month initial term. During the freeze period, Members will not be charged and are not permitted to use their Monthly Membership at any Kevics Golf location. Members may still visit a Kevics Golf on a purchase-per-visit basis; Monthly Membership perks will not apply on these visits. A membership freeze cannot begin prior to Kevics Golf receiving written notice from the Member stating his/her intent to freeze and the intended duration of the freeze; an end-freeze date is required at the time of the request. This request can be submitted to a Director of Instruction.
SUSPENSION/TERMINATION: Kevics Golf may suspend or terminate your membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice of such termination, with or without cause. If Kevics Golf terminates your membership, you must immediately surrender any membership cards and you will remain liable for all unpaid dues (including any Monthly Membership charges and all other charges against your account). If your membership is terminated by Kevics Golf, you will not receive a refund on any amounts paid under any type of membership.
CO-SIGNER: If a Member is under 18 years of age at the date the terms and conditions of this Agreement are accepted, a Co-signer (Parent/Guardian) is required. As Kevics Golf would not have agreed to enter into this Agreement without the promises of the Parent/Guardian, the Parent/Guardian promises to pay all amounts due to Kevics Golf under this Agreement when due, and to keep and perform all the Member's promises and agreements. The Parent/Guardian's promises and agreements are joint and several with the Member's promises and agreements. If more than one person signs this Agreement as Parent/Guardian, the promises are both joint and several.
DEFAULT: If you default on any payment due under this Agreement, Kevics Golf may declare all or any of the future payments to be made under this Agreement immediately due and payable.
CHANGES TO POLICIES, FACILITIES, AND PROGRAM: Kevics Golf may introduce new facilities or programs from time to time, which may be available to Members for an additional fee. Kevics Golf may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time and for any reason. You acknowledge that Kevics Golf may change membership fees at any time; provided, however, that Kevics Golf will give prior notice via e-mail to Monthly Membership holders of any change to the periodic membership fees. You agree that, unless you cancel your applicable Monthly Membership prior to the effective date of the change, you will be charged the new applicable periodic Monthly Membership Fee (plus applicable taxes) on each periodic anniversary date after the effective date of such change, and you authorize Kevics Golf to charge the new periodic Monthly Membership Fee (plus applicable taxes) to your Payment Card. Kevics Golf reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at Kevics Golf does not involve an extension of credit or a retail installment sale since Kevics Golf does not impose a finance charge and you may cancel membership at any time. Void where prohibited.
MEMBERSHIP CARDS: You agree for lost Membership cards you will pay a $5.00 fee for each replacement card required, the cost of which may be changed by Kevics Golf at any time without prior notice. You agree that you will not share or loan your Monthly Membership card at any time.
HOURS OF OPERATION: From time to time, Kevics Golf may make reasonable changes to the days and hours that our facilities are open for business. You understand that Kevics Golf will be busier at some times than others on different days of the week.
PICTURE IDENTIFICATION/SIGN IN: You agree to have your picture taken for Kevics Golf's internal purposes upon joining, if requested by Kevics Golf. If applicable, Members and guests must check-in at the front desk upon entering a Kevics Golf facility. Members must show their membership cards to the receptionist and may be required to leave their membership cards at the front desk and/or insert their cards into the card reader. Members may not loan their membership cards to anyone. We may require members and guests to show additional photo identification prior to admittance to Kevics Golf. Members must be in good standing (for example, your account must be paid to date) to be eligible for any Kevics Golf membership.
WAIVER: You understand that your use of facilities at Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the facilities and premises (including the parking lot) and you assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property.
You agree that Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of you or your property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates. You expressly release and discharge Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates, its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of action, notwithstanding any negligence on the part of one or more of them.
SAFETY: By participating at Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates, you agree to abide by the following safety rules, as well as other safety rules posted at the facility and/or online:
Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.
Members and guests are responsible for the safety of others around them and should always check their surroundings before swinging a club.
Aim for the targets at all times. Hitting golf balls over the boundary netting is prohibited, and guests are responsible for damages or injuries caused by any balls hit outside of the premises.
Only dispense and hit one golf ball at a time.
When not swing, hold the club upside down like a cane. Clubs should remain pointing downward or be placed in your golf bag when not hitting balls.
When with a group, hitting stations are defined by cones. Walk in and out of your station, never across into the stations next to yours.
VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance with any rules and regulations of Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates that may be posted from time to time at the facility and/or online. In the event that a Member fails to comply with said rules and regulations, Kevics Golf may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. Kevics Golf reserves the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and regulations are effective immediately.
INJURIES: You will immediately report any accident or injury suffered at Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by Kevics Golf, Bob Moore's Sports Center, Riverside Golf Course, and any other locations in which Kevics Golf operates.
DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear is required within the facility at all times. Bare feet are not acceptable anywhere at Kevics Golf. Inappropriate, foul and/or lewd language or behavior is not acceptable and will result in suspension of your membership. Members and guests are subject to the control and guidance of the Kevics Golf staff and must follow their instructions while at Kevics Golf. Members and guests agree to conduct themselves in a well-mannered fashion when in or about Kevics Golf and not cause any disturbances or interfere with the safe use or enjoyment of Kevics Golf by other members and guests.
DAMAGE TO FACILITIES: You agree to pay for damage to Kevics Golf equipment and premises and third party property outside of Kevics Golf caused by you and/or your guests (or guests') careless use of equipment or other intentional or negligent acts.
TEMPORARY CLOSURE: Kevics Golf may temporarily close the facilities in its sole discretion for any reason including, without limitation, in the case of inclement weather. Members and guests are immediately required to comply with announcements and staff instructions regarding weather-related stoppages.
EARLY TERMINATION BY KEVICS GOLF: Kevics Golf may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by Kevics Golf from time to time. Kevics Golf may terminate this Agreement without cause if a 15 day notice is given to the Member.
TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following:
Memberships still in the Initial Term may be terminated with thirty (30) days written notice with a single payment equal to two (2) months membership fee plus applicable tax (the "Early Termination Fee"). If the Early Termination Fee is paid within thirty (30) days of the next regular billing date, then the next month's dues will be billed and are payable. Monthly dues previously owing and/or already paid monthly dues will not be considered as part of the Early Termination Fee under any circumstances. A Monthly Membership past the Monthly Membership Initial Term may also be terminated with thirty (30) days written notice, however, you will be charged for any additional renewals that occur within the 30 day notice period. To cancel your Monthly Membership, contact a Director of Instruction. There are no refunds for any time period (or portions thereof) already billed or paid for.
LIMITATION OF LIABILITY: Recovery for any breach of this Agreement by Kevics Golf is strictly limited to the amount you have paid to Kevics Golf, and you agree that recovery of incidental and consequential damages are not a remedy available to you.
NON WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.
ASSIGNMENT: Kevics Golf may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Kevics Golf in this Agreement, then Kevics Golf will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your membership to another person.
GOVERNING LAW: This Agreement is governed by the laws of the State of Texas, and the parties hereto agree to the venue of the District Court of Tarrant County.
INVALID PROVISIONS: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
ENTIRE AGREEMENT & DEFINITION: This document incorporates the entire Agreement between Members and Kevics Golf. Kevics Golf reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this document.