ATX INDOOR GOLF CLUB LLC
TERMS AND CONDITIONS AGREEMENT

By paying for services provided by ATX Indoor Golf Club LLC, accessing the ATX Indoor Golf Club website, creating an account, booking simulator time, or otherwise using any services offered by ATX Indoor Golf Club LLC (hereinafter referred to as the “Company,” “ATX Indoor Golf Club,” “we,” or “us”), you agree to be bound by the terms and conditions set forth herein (the “Terms and Conditions Agreement”).

If you do not agree to these Terms and Conditions, do not access or use our website, facilities, or services.

1. Company Information

ATX Indoor Golf Club LLC is a Texas limited liability company operating indoor golf simulator facilities and related services within the State of Texas. The Company may operate one or more locations (each a “Location”).

These Terms and Conditions govern:

• Use of the Company’s website and online platforms (the “Site”)

• Online bookings and payments

• User accounts

• Protection of Company intellectual property

• General conduct and restrictions related to use of services

Separate agreements, including but not limited to Membership Agreements, Liability Waivers, or Facility Use Agreements, may apply to specific services and shall be binding in addition to these Terms.

2. Acceptance of Terms

By:

• Accessing or using the Site

• Creating an account

• Booking simulator time

• Purchasing memberships, passes, or services

• Entering or using a Company Location

you acknowledge and agree to these Terms and Conditions.

The Company reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Site or otherwise providing notice. Continued use of the Site or services after changes are posted constitutes acceptance of the revised Terms.

3. Separate Membership and Facility Agreements

If you purchase a membership or enter into a separate Membership Agreement with ATX Indoor Golf Club LLC, that agreement governs the terms specific to your membership benefits, billing, cancellation, and usage rights.

Any dispute arising from membership services shall be governed by the applicable Membership Agreement. These Terms and Conditions remain in effect for all website, intellectual property, and general service matters.

4. Website Use

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial use only.

You agree not to:

• Use the Site for unlawful purposes

• Attempt to gain unauthorized access to Company systems

• Interfere with Site functionality or security

• Copy, reproduce, distribute, or exploit Site content without written permission

• Use automated systems (bots, scrapers, etc.) without authorization

The Company may suspend or terminate access to the Site at any time for violations of these Terms.

5. Intellectual Property

All content on the Site and within Company Locations, including but not limited to:

• Logos

• Trademarks

• Trade names

• Designs

• Graphics

• Software

• Text

• Photos and videos

are the exclusive property of ATX Indoor Golf Club LLC or its licensors and are protected by intellectual property laws.

No content may be copied, reproduced, distributed, modified, or displayed without prior written consent.

6. Accounts and User Responsibility

If you create an account, you agree to:

• Provide accurate and current information

• Maintain the confidentiality of login credentials

• Accept responsibility for all activity under your account

The Company reserves the right to suspend or terminate accounts at its discretion.

7. Payments and Refunds

All bookings, memberships, and purchases are subject to the pricing and payment terms in effect at the time of purchase.

Unless otherwise stated in a separate written agreement:

• Payments are non-refundable

• Missed bookings may not be credited

• Late cancellations may result in forfeiture of booking fees

The Company reserves the right to change pricing at any time.

8. Assumption of Risk and Conduct

Use of golf simulators and related equipment involves inherent risks. All participants must comply with posted rules and staff instructions.

You agree to:

• Use equipment responsibly

• Supervise minors under your care

• Refrain from unsafe or disruptive conduct

• Respect other guests and staff

The Company reserves the right to remove any individual for unsafe, illegal, or inappropriate behavior without refund.

A separate Liability Waiver and Release Agreement may be required prior to participation.

9. Limitation of Liability

To the fullest extent permitted by Texas law, ATX Indoor Golf Club LLC shall not be liable for:

• Indirect, incidental, or consequential damages

• Loss of data

• Loss of profits

• Personal property damage

• Interruptions of service

All services are provided “as is” without warranties of any kind, express or implied.

10. Data and Privacy

By using the Site or services, you consent to the collection and storage of information as described in the Company’s Privacy Policy.

The Company takes reasonable steps to protect user data but does not guarantee absolute security.

11. Indemnification

You agree to indemnify and hold harmless ATX Indoor Golf Club LLC, its members, managers, employees, contractors, and affiliates from any claims, liabilities, damages, or expenses arising from:

• Your violation of these Terms

• Your misuse of the Site or facilities

• Your negligent or intentional conduct

12. Governing Law

This Terms and Conditions Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

Any disputes shall be resolved in the appropriate courts located within the State of Texas.

13. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Headings

The headings in this Terms and Conditions Agreement are provided for convenience only and shall not affect the interpretation, meaning, or scope of any provision herein.

By using the Site or services of ATX Indoor Golf Club LLC, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

If you'd like, I can also draft a stronger, more protective Texas-specific version that includes arbitration, venue selection, chargeback protection language, and clearer simulator damage responsibility clauses.

Can you write a version tailored specifically for Texas enaforceable language

Below is a Texas-specific, enforceability-focused Terms and Conditions Agreement drafted with language commonly used to strengthen enforceability under Texas law (including conspicuous waiver language, venue selection, arbitration option, indemnity, limitation of liability, and acknowledgment provisions).

ATX INDOOR GOLF CLUB LLC

TERMS AND CONDITIONS AGREEMENT

(TEXAS GOVERNING LAW – LEGALLY BINDING AGREEMENT)

PLEASE READ CAREFULLY. THIS IS A LEGAL AGREEMENT. BY ACCESSING OUR WEBSITE, CREATING AN ACCOUNT, BOOKING SIMULATOR TIME, PURCHASING SERVICES, OR ENTERING OUR FACILITY, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.

If you do not agree, do not use the website, book services, or enter the premises.

1. PARTIES AND ACCEPTANCE OF TERMS

This Terms and Conditions Agreement (“Agreement”) is entered into between you (“User,” “Member,” or “Customer”) and ATX Indoor Golf Club LLC, a Texas limited liability company (“Company,” “ATX,” “we,” or “us”).

This Agreement governs:

• Use of our website and digital platforms (the “Site”)

• Online bookings and payments

• Account creation

• Use of our indoor golf simulator facilities

• All related services

Your use of any Company services constitutes acceptance of this Agreement.

2. SEPARATE MEMBERSHIP AND LIABILITY AGREEMENTS

If you purchase a membership or execute a separate:

• Membership Agreement

• Liability Waiver and Release

• Event Rental Agreement

those agreements are incorporated by reference and remain enforceable in addition to this Agreement.

In the event of a conflict, the more specific written agreement controls.

3. ELIGIBILITY

You must be at least 18 years old to enter into this Agreement. Minors may use the facility only under supervision of a parent or legal guardian, who agrees to be legally responsible for the minor’s conduct and any damages caused.

4. ASSUMPTION OF RISK (TEXAS ENFORCEABILITY NOTICE)

Participation in indoor golf simulator activities involves inherent risks, including but not limited to:

• Being struck by golf balls or clubs

• Equipment malfunction

• Slips, trips, or falls

• Property damage

BY USING THE FACILITY, YOU VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, ASSOCIATED WITH PARTICIPATION.

This provision is intended to be conspicuous and enforceable under Texas law.

5. RELEASE AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW:

YOU AGREE THAT ATX INDOOR GOLF CLUB LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

EXCEPT FOR DAMAGES CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU RELEASE AND HOLD HARMLESS THE COMPANY FROM CLAIMS ARISING FROM:

• PERSONAL INJURY

• PROPERTY DAMAGE

• LOSS OF PERSONAL BELONGINGS

• INTERRUPTION OF SERVICES

This limitation applies whether the claim is based on negligence, premises liability, contract, tort, or any other legal theory allowed under Texas law.

6. DAMAGE TO EQUIPMENT AND FACILITY

You are financially responsible for damage caused by:

• Intentional misconduct

• Reckless behavior

• Failure to follow posted rules

• Improper use of simulators or equipment

The Company may charge the payment method on file for repair or replacement costs.

7. PAYMENT TERMS AND NO CHARGEBACK AGREEMENT

All sales are final unless otherwise stated in a written agreement.

By making a purchase, you agree:

• Not to initiate a chargeback without first contacting the Company

• That disputes regarding services must be resolved directly with ATX

Improper chargebacks may result in suspension of access and collection actions.

8. WEBSITE USE AND INTELLECTUAL PROPERTY

All content on the Site and within the facility, including logos, branding, software interfaces, graphics, and materials, are the exclusive property of ATX Indoor Golf Club LLC.

You may not:

• Copy, reproduce, distribute, or modify content

• Reverse engineer software

• Use trademarks without written permission

Unauthorized use may result in legal action under Texas and federal law.

9. ACCOUNT SECURITY

If you create an account, you agree to:

• Provide accurate information

• Maintain confidentiality of login credentials

• Accept responsibility for all activity under your account

The Company may suspend or terminate accounts at its sole discretion.

10. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ATX INDOOR GOLF CLUB LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS FROM ANY CLAIM, DEMAND, LIABILITY, LOSS, OR EXPENSE ARISING OUT OF:

• YOUR USE OF THE FACILITY

• YOUR VIOLATION OF THIS AGREEMENT

• DAMAGE CAUSED BY YOU OR YOUR GUESTS

This indemnification provision is intended to be as broad as permitted under Texas law.

11. ARBITRATION AND DISPUTE RESOLUTION (TEXAS-SPECIFIC)

Any dispute arising out of or relating to this Agreement shall first be attempted to be resolved informally.

If unresolved, the dispute shall be submitted to binding arbitration in the State of Texas under the Federal Arbitration Act.

• Arbitration shall occur in the county where the Company’s principal place of business is located.

• Each party shall bear its own attorney’s fees unless otherwise awarded by the arbitrator.

• You waive the right to a jury trial.

YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, EXCEPT AS OTHERWISE PROVIDED BY LAW.

12. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Texas.

If arbitration is deemed unenforceable, exclusive venue shall lie in the state courts located in the county where ATX Indoor Golf Club LLC maintains its principal place of business.

13. MODIFICATIONS

The Company may modify these Terms at any time. Updated Terms will be posted on the Site and become effective immediately.

Continued use of services constitutes acceptance of any modifications.

14. SEVERABILITY

If any provision is held invalid under Texas law, the remaining provisions shall remain fully enforceable.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties regarding website use and general services and supersedes prior communications.

ACKNOWLEDGMENT

BY USING THE SITE OR FACILITY, YOU ACKNOWLEDGE THAT:

• YOU HAVE READ THIS AGREEMENT;

• YOU UNDERSTAND IT;

• YOU AGREE TO BE LEGALLY BOUND BY IT;

• YOU ARE WAIVING CERTAIN LEGAL RIGHTS UNDER TEXAS LAW.

If you'd like, I can also draft:

• A Texas-compliant liability waiver that pairs with this
• A membership agreement with automatic billing protections
• A version customized for Austin / Travis County venue language
• A version formatted for e-signature platforms (DocuSign/HelloSign)

Let me know how you plan to use it (website clickwrap, printed signage, online checkout, etc.) and I can tighten it further for enforceability.