Membership Terms & Conditions

These Membership Terms & Conditions apply to all Lights Out Golf members and form part of your Membership Agreement. By joining, accessing, or using the studio, you agree to these terms.

1.0 DEFINITIONS 1.1 “Access Code” means your booking code allowing you to enter the Studio; 1.2 “Agreement” means this Membership Agreement made between you and Lights Out Golf; 1.3 “Billing Account” means the credit card account nominated by you to have your Membership Fees deducted from; 1.4 “Lights Out Golf” means Lights Out Golf Pty Ltd and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, trustees, affiliates, subsidiaries and employees; 1.5 “Member Portal” means the Lights Out Golf Member Portal; 1.6 “Member” means the individual who has entered into this Agreement with Lights Out Golf; 1.7 “Membership Agreement” means the completed application for membership accepted by Lights Out Golf Pty Ltd, these terms and conditions, the studio Rules and the Policies; 1.8 “Membership Fees” means the weekly/monthly/annual fee payable for membership in the amount stated in clause 2.13 pursuant to this Agreement; 1.9 “Members Guest” means individuals invited to attend the studio by a member. 1.10 “Minor” means a person under the age of 18 years; 1.11 “Policies” means the Lights Out Golf membership policies as amended from time to time, which are located at www.lightsoutgolf.com.au and available at your studio on request; 1.12 “Privacy Policy” means the Lights Out Golf privacy policy which is available at https://www.lightsoutgolf.com.au/privacy-policy/ or by emailing privacy@lightsoutgolf.com.au; 1.13 “Products” means any products that are purchased by you from Lights Out Golf; 1.14 “Simulator Bay” means any area that is covered by astro turf; 1.15 “Staffed Hours” means the staffed hours for the studio. Lights Out Golf reserves the right to change the Staffed Hours at any time without notice; 1.16 “Studio” means the Lights Out Golf venue your Membership Agreement pertains to; 1.17 “Studio Access” means your right to access the studio any time of the day or night; 1.18 “Studio Rules” mean the rules applying to you as amended from time to time which are posted at the Studio, within this agreement and available on the Lights Out Golf website; 1.19 “Written Notice” means a notice in writing, given in person, by email or post to the addressees last known address; 1.20 “You” means the person who has applied for membership of Lights Out Golf Studio.

2.0 MEMBERSHIP APPLICATION 2.1 All persons applying for membership of Lights Out Golf must complete and submit to management an application for membership in the form prescribed by Lights Out Golf. 2.2 Personal Membership All applicants for membership of Lights Out Golf must be natural persons only. 2.3 All applicants for membership must have attained at least the age of 14 years. Any application by a Minor must be accompanied by a form of consent signed by the Minor’s parent or legal guardian. A Minor’s application for membership must be completed in person at Lights Out Golf Studio by both the Minor and their parent/guardian. 2.4 Any Member of Lights Out Golf studio who is a Minor, must be accompanied by an adult or a guardian when visiting the studio. Minors cannot be left at the studio unattended. 2.5 All applicants for membership warrant that the information provided in their membership application is true, correct and complete. 2.6 Upon acceptance of your membership application, you will be notified by Lights Out Golf of that you have become a Member of Lights Out Golf Studio. 2.7 Lights Out Golf reserves the right to reject any application for membership and is not liable for any compensation in respect of such rejection. 2.8 Memberships provide access to the studio and its services based on the tier selected. We reserve the right to cap memberships to ensure a quality experience for all users. 2.9 Nature of Relationship By becoming a member of Lights Out Golf Studio, you have a contractual right to use Lights Out Golf’s premises, facilities, equipment and services on the terms and conditions contained in this Agreement. In becoming a Member of Lights Out Golf Studio, you do not become the member of any club, an incorporated association or a private company. Consequently, the statutes and rules governing those types of associations do not apply to your membership of Lights Out Golf studio. 2.10 Governance Your membership is governed solely by this Agreement. 2.11 Right to Amend Lights Out Golf reserves the right, in its sole discretion, to amend these terms and conditions at any time. By continuing to use our services, you accept the most recent version. 2.12 Change of Details You must provide Lights Out Golf with details of any changes to your personal information which is relevant to your membership in writing. Members are responsible for ensuring payment details are up to date to avoid disruption of access. Access is available only to active members with up to date payment m 2.13 Membership Fee Members are required to pay a membership fee which will be charged automatically at agreed billing periods at the date of sign up, starting from the date of sign-up, for a minimum commitment period of 3 or 12 months. If Membership Fees are paid by a credit card or other method attracting a merchant’s fee, the Member will pay this nominated surcharge. By joining, you authorise Lights Out Golf to automatically process payments until your membership is cancelled in line with these terms. If a payment fails, we will notify you by email or SMS. Failed payments must be rectified within 5 days, with access paused until the account is bought up to date. If payments remain outstanding beyond 10 days, your access may be suspended and the remaining balance of your 3 month minimum term may become immediately due. If you choose to cancel or stop paying before the end of this term, you will still be liable for the balance owing for the 3 month period. This ensure fair pricing and availability for all members. 2.14 Increase of Fees Lights Out Golf reserves the right to modify or amend at any time to increase the Membership Fee, provided that if you paid your Membership Fee in advance, then there will be no increase of this fee until the renewal of your current membership. Lights Out Golf will provide a minimum of thirty (30) days’ written notice prior to any fee adjustment. 2.15 Membership Renewal Upon completion of the initial 12-month commitment period, the membership will automatically renew unless cancelled by the Member in accordance to these terms. 2.16 Not Transferable As your membership of Lights Out Golf is a personal right, your membership is not transferable to any other person or entity. 2.17 Membership Cancellation Lights Out Golf may cancel your membership in its absolute discretion without cause. Weekly memberships may be cancelled after the initial three-month term with a minimum of thirty (30) days written notice. Annual memberships may be cancelled at renewal with thirty (30) days’ notice. In the event of cancellation, any Membership Fees paid in advance will not be refundable in whole or in part unless required by law. memberships can be suspended for verified medical (minimum 2 weeks and maximum 4 weeks per year). Cancellations cannot be backdated and remain subject to the 3 month minimum term. no refunds or credits app 2.18 Access By Non-Members Lights Out Golf grants only Members and Member’s Guests of Lights Out Golf access to the Studio. Member’s acknowledge that they take full responsibility and will be held accountable for their guests. This includes the conduct and any damage caused by their guests during the time in a Lights Out Golf Studio. All guests must be accompanied by a member at all times and are bound by the same terms and conditions. Guests are permitted only in accordance with Lights Out Golf’s guest policy and must be registered and paid for (where applicable) prior to entering the Studio.

All guests must:

• Be accompanied by the Member at all times
• Only be present during the Member’s active booking
• Comply with all Studio Rules and this Agreement

Members must not allow access to any guest or non-member without a valid booking or without following the guest registration process. Unauthorised guests or “sneaking in” individuals without booking or payment is strictly prohibited and may result in:

• Immediate suspension or termination of membership
• Additional fees for unauthorised use
• Lights Out Golf reserves the right to monitor access via CCTV and booking systems.

2.19 Orientation A membership will not be granted to any applicant unless and until they have successfully completed Lights Out Golf’s member orientation/induction program. The orientation focuses on various aspects of the studio including, but not limited to, studio layout, amenities, entry and exit areas; the safe use of equipment and fire escape instructions. If Lights Out Golf determines that you are not using Lights Out Golf’s premises, amenities or equipment as required by Lights Out Golf, then Lights Out Golf can require you to undertake further orientation in which case your membership is suspended until such time as your additional orientation is successfully completed in the determination of Lights Out Golf. 2.20 Communication You agree to receiving marketing and promotional emails from Lights Out Golf unless and until you opt to unsubscribe to material of this type. You may not opt out of receiving emails regarding your membership of Lights Out Golf Studio. Any Written Notice required to be given by Lights Out Golf to you may be provided by way of email or text message to the address/number provided in your membership application or as updated by you. 2.21 Entry To Premises Members have access to the facility 24 hours a day, 7 days a week, subject to temporary closures for maintenance, private events, or other operational needs and their membership type. As a member your entry to the Lights Out Golf is by way of the Lights Out Golf booking system (via trackman app or your golf booking) and you will be provided a unique one time door Access Code for entry. The Access Code issued to you is personal to you and must not be transferred or disclosed to any third party. If you allow another person to use your Access Code for any purpose, that conduct will be regarded as serious misconduct entitling Lights Out Golf to terminate your membership immediately without notice. If at any time Lights Out Golf suspends or terminates your membership you will no longer have access to the booking system. Sessions are limited as per your membership noted at sign up. Sessions are not transferable to other days. Members may extend their session by purchasing additional time or inviting a non-member guest, subject to availability. Booking availability may be restricted based on membership type (e.g., peak vs. off-peak access). Sessions must be booked in advance, with booking times opening one (1) week in advance. Members are responsible for managing their own bookings and using the space respectfully. Should you need to, please cancel or reschedule your session at least 12 hours in advance. 2.22 Member’s Property Members are to provide their own clubs, with premium golf balls supplied by Lights Out Golf. All golf clubs used by you must be in good order and condition and must be free of dirt and mud. Golf shoes must be clean and free of dirt and mud. You acknowledge that you bring your golf equipment and any other permitted property at your own risk. You accept that Lights Out Golf will not be liable for any of your property that is lost, damaged or stolen while you are at the studio. 2.23 Security and Privacy You acknowledge that the premises are monitored by CCTV and other video recording equipment for safety, security, and promotional purposes. By entering the studio, you consent to being recorded via CCTV and/or other video equipment operated by Lights Out Golf. You further acknowledge and agree that any video footage or images captured on-site, including those featuring you, may be used by Lights Out Golf for promotional purposes, including but not limited to sharing on social media platforms, websites, and other marketing channels. Personal data is collected and stored securely via the membership system and the Your Golf Booking platform. Data will not be shared with third parties except as required for operational purposes or as mandated by law. 2.24 Drug/Alcohol Use You may not bring alcohol or illicit drugs into the studio. You are prohibited from coming upon or remaining at the Studio premises when Lights Out Golf personnel determine in their sole discretion that you are or may be adversely affected by liquor or drugs. Your membership may be terminated if you breach any of the rules contained in in this agreement.

3.0 CODE OF CONDUCT Members and guests must adhere to the following rules:

• Members and guests will always conduct themselves in a polite and orderly fashion whilst at the Studio.
• You must be respectful and polite to other Members and Lights Out Golf staff.
• You must be well dressed at all times at the Studio. If a Lights Out Golf staff member determines that your clothing is not befitting of the image given to the public by Lights Out Golf, then you agree to leave the premises upon request by Lights Out Golf staff.
• Simulator bays may only be used during an active, valid booking. Use of any simulator bay outside of your booked session time is strictly prohibited. Members are welcome to arrive early or remain after their session to warm up, stretch, or use the lounge areas. However, hitting balls or using simulator equipment outside of a booked session is not permitted. Failure to comply may result in suspension or termination of membership and/or additional charges for unauthorised use. Lights Out Golf reserves the right to monitor usage via CCTV and booking systems and charge for any unbooked simulator use.
• Lights Out Golf will not tolerate outbursts of temper involving the use of profanities, yelling or any action which might cause fear or discomfort to other Members or Lights Out Golf staff.
• Lights Out Golf absolutely prohibits any damage or abuse to its facilities by you, in particular damage caused by club throwing or wild ball striking.
• You must not use Lights Out Golf’s facilities except as directed by Lights Out Golf staff and/or the manufacturer of the facilities in use. You must abide by directions given by Lights Out Golf staff, particularly as regards the proper use of Lights Out Golf’s equipment.
• No smoking is permitted upon the premises which includes the use of e-smoking utensils (vapes).
• You are prohibited from coming upon or remaining at the Studio premises when you are adversely affected by liquor or drugs.
• You may wear only closed in suitable footwear when using Lights Out Golf’s facilities. Appropriate footwear must be worn; heels and dirty work bots are strictly prohibited within the facility.
• No food or drinks are permitted within simulator bays.
• You must not behave or conduct yourself in a way that would jeopardise Lights Out Golf’s premises lease, agreements that it has with equipment suppliers, or its insurers.
• All clubs, shoes, and equipment must be clean and free of mud or grass before use.
• Golf balls provided by Lights Out Golf are for use within the facility only. Removal of golf balls or any other equipment from the premises is strictly prohibited.
• Members and their guests must not open the facility door for any other person, including other members. Unauthorized access may result in disciplinary action. A breach of any of the conduct rules contained within this agreement entitles Lights Out Golf in its absolute discretion to:
• Suspension pending reintroduction to the facility
• Written warnings.
• Immediate cancellation of membership in its absolute discretion.
• Financial liability for repair or replacement of intentional damaged equipment
• Financial liability for replacement from Theft or unauthorized removal of equipment
• Member may be reported to the police. Members are fully responsible for the conduct of their guests and for any intentional damage caused by themselves or their guests. Lights Out Golf’s determination in this regard will be final and binding on you and you acknowledge and accept that you have no right to appeal any such determination.