Terms & Conditions

Holt In One · Official Agreement

HOLT IN ONE, L.L.C.

TERMS AND CONDITIONS

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Membership (Fringe / Fairway / Green)

READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING CONTRACT. BY SIGNING IT, OR BY CHECKING THE BOX AND SUBMITTING IT ELECTRONICALLY, YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE HOLT IN ONE, L.L.C. FOR INJURIES, DEATH, OR PROPERTY DAMAGE CAUSED BY ITS ORDINARY NEGLIGENCE. YOU ALSO AGREE TO DEFEND AND INDEMNIFY HOLT IN ONE, L.L.C. IN CERTAIN CIRCUMSTANCES. YOU ARE ENTERING AN UNSTAFFED, UNSUPERVISED FACILITY. DO NOT SIGN THIS AGREEMENT IF YOU DO NOT UNDERSTAND IT OR DO NOT AGREE TO IT.

RECITALS

Holt in One, L.L.C., a Michigan limited liability company (“Holt in One” or the “Company”), operates an indoor golf studio and simulator facility located at 2040 N. Aurelius Road, Suite 1, Holt, Michigan 48842, in the Holt Shopping Center, Delhi Township, Ingham County, Michigan (the “Premises”). Holt in One offers access to the Premises both on a one-time, pay-per-visit basis to members of the public and on a recurring basis to Members who hold one of Holt in One’s membership plans, in each case through online booking.

The Premises operate on a twenty-four hour per day, seven day per week, self-service, unstaffed basis. Access is controlled by digital booking and mobile-application or keypad credentials. Other than during scheduled instruction, no employee, agent, manager, attendant, security officer, or other representative of Holt in One is present at the Premises during ordinary operations. There is no supervision, no monitoring in real time, no first aid provider, and no security personnel on site.

The Participant wishes to enter the Premises and to use the golf simulators, hitting bays, equipment, seating areas, and other amenities located there, and Holt in One is willing to permit that use only upon the terms and conditions of this Agreement. As used in this document, “this Agreement” means these Core Terms. Acceptance of this Agreement is a material condition of, and adequate consideration is exchanged for, the right to enter the Premises and use the facility.

NOW, THEREFORE, in consideration of being granted access to the Premises and permitted to participate in the Activities, the receipt and sufficiency of which is acknowledged, the Participant agrees as follows:

1. DEFINITIONS

1.1  “Activities” means any and all activity of any kind occurring at or about the Premises, whether active or passive, including without limitation: entering, remaining in, or exiting the Premises and the building, parking areas, sidewalks, entryways, and common areas serving the Premises; using golf simulators, launch monitors, projectors, screens, netting, hitting mats, turf, and bay enclosures; swinging, striking, chipping, or putting a golf ball; using golf clubs and other sporting equipment, whether furnished by Holt in One or brought by any person; instruction, lessons, coaching, club fitting, and swing analysis; leagues, tournaments, competitions, private events, and parties; simulator games and non-golf simulator modes; consuming food or beverages, including items purchased from vending machines; using furniture, seating, restrooms, storage, televisions, sound systems, and other amenities; and spectating or accompanying any other person engaged in any of the foregoing.

1.2  “Participant” means the person accepting this Agreement and, where applicable, each Minor identified in that person's booking, together with the heirs, next of kin, spouse, parents, children, guardians, personal representatives, executors, administrators, successors, assigns, insurers, and subrogees of each of them.

1.3  “Member” means a Participant holding a current Fringe, Fairway, Green, or corporate membership issued by Holt in One under a Membership Schedule. “Booking Party” means the Participant who completes a reservation through the Holt in One booking platform, whether that reservation is a one-time public booking or made under an active membership; every Member is a Booking Party when booking, and a person who books without holding a membership is a Booking Party without being a Member. “Guest” means any person a Booking Party, Member, or other Participant admits to, invites to, brings to, or permits to enter the Premises, whether or not that person is separately booked and whether or not that person has completed the Guest Waiver described in Section 8.

1.4  “Minor” means any person under eighteen (18) years of age, and any other person who is legally a minor under the law of the jurisdiction in which that person resides.

1.5  “Released Parties” means, collectively and individually: Holt in One, L.L.C.; its past, present, and future members, managers, officers, directors, owners, shareholders, partners, employees, independent contractors, instructors, agents, representatives, volunteers, successors, and assigns; its parent, subsidiary, and affiliated entities; the owner, landlord, property manager, and management company of the building and shopping center in which the Premises are located, and their respective agents, employees, members, officers, and affiliates, including without limitation DTN Management Co. and the fee owner of the Holt Shopping Center; the manufacturers, distributors, sellers, lessors, installers, licensors, and service providers of the simulators, launch monitors, software, projectors, screens, netting, mats, access-control systems, and other equipment located at the Premises; the booking platform provider; other Participants, Members, Guests, and invitees; and the insurers of each of the foregoing.

1.6  “Rules” means the Facility Rules and Safety Requirements attached as Exhibit A, together with any rules, instructions, signage, safety notices, and terms of use posted at the Premises, displayed in the Holt in One mobile application or booking platform, or otherwise communicated by Holt in One, each as amended from time to time in the sole discretion of Holt in One. The Rules are incorporated into this Agreement by reference.

1.7  “Access Credentials” means any door code, keypad code, mobile application credential, key fob, key card, QR code, reservation link, or other means of obtaining entry to the Premises that is issued or made available to a Participant.

1.8  “Claim” means any and all claims, demands, causes of action, suits, proceedings, liabilities, obligations, judgments, awards, settlements, losses, damages (including compensatory, economic, noneconomic, exemplary, and consequential damages), injuries, death, illness, property damage or loss, fines, penalties, costs, and expenses of every kind, including reasonable attorneys’ fees, expert fees, and court costs, whether known or unknown, foreseen or unforeseen, present or future.

1.9  “Schedule” means the Booking Schedule or Membership Schedule applicable to a particular Participant’s booking or membership, which is accepted together with this Agreement as described in Section 17.7 and which governs the commercial terms of that booking or membership.

2. ACKNOWLEDGMENT OF AN UNSTAFFED, UNSUPERVISED, SELF-SERVICE FACILITY

2.1  The Participant acknowledges, understands, and expressly agrees that the Premises are a self-service facility operated twenty-four hours per day, seven days per week, and that:

  • No employee, manager, agent, attendant, lifeguard, medical provider, or security officer of Holt in One is present at the Premises at any time during ordinary operations, and the Participant should expect to be alone or alone with persons the Participant admits;
  • A contract instructor may be present in a specific bay during a scheduled instruction session in which the Participant is enrolled, as described in Section 7. That limited presence is not staffing, supervision, security, or monitoring of the Premises, does not extend beyond that bay and that session, and does not modify any other statement in this Section 2.
  • No person will supervise, observe, instruct, correct, warn, spot, assist, or intervene in the Participant’s conduct or the conduct of any other person at the Premises;
  • No first aid, medical care, automated external defibrillator training, emergency response, or rescue service is provided by Holt in One, and no person will summon help on the Participant’s behalf;
  • Any video surveillance, alarm, or access-control system that may exist is installed for the protection of the property of Holt in One and is not monitored in real time, is not a security service, creates no duty to observe, respond, warn, or intervene, and may be inoperative or unrecorded at any time without notice;
  • Holt in One does not provide security for persons or property and does not undertake to protect any person from the criminal, reckless, intoxicated, or negligent acts of other Participants, Guests, or third persons;
  • Injuries sustained at the Premises may go undiscovered for an extended period, and the absence of prompt assistance may cause an injury to be worse, permanent, or fatal than it would be at a supervised facility; and
  • Hazardous conditions at the Premises, including spills, debris, broken equipment, malfunctioning systems, and conditions created by prior users, may exist and may not be discovered, inspected for, corrected, or warned of before the Participant encounters them.

2.2  The Participant is solely responsible for summoning emergency assistance for the Participant, for any Minor in the Participant’s care, and for any Guest, by dialing 911 or otherwise. The Participant agrees to carry a functioning mobile telephone while at the Premises and, when reasonably possible, not to use the Premises alone. The Participant agrees to report any injury, accident, unsafe condition, spill, equipment malfunction, or property damage to Holt in One as soon as reasonably possible using the contact information posted at the Premises or in the mobile application.

2.3  THE PARTICIPANT EXPRESSLY ACCEPTS AND ASSUMES THE ADDITIONAL AND HEIGHTENED RISKS THAT ARISE FROM USING AN UNSTAFFED, UNSUPERVISED, UNMONITORED FACILITY, AND ACKNOWLEDGES THAT THE PARTICIPANT WOULD NOT BE PERMITTED TO ENTER THE PREMISES ON ANY OTHER BASIS.

2.4  Holt in One may, at its option and solely as a convenience, make a first aid kit, fire extinguisher, or similar items available at the Premises. The presence of any such item is not an undertaking to render aid, to inspect, to stock, to maintain, or to summon assistance, creates no duty of care, and does not modify Section 2.1. Holt in One does not represent or warrant that any such item is present, stocked, charged, functional, or suitable for any purpose, and the Participant assumes all risk of its absence, condition, adequacy, and use.

3. INHERENT RISKS AND ASSUMPTION OF RISK

3.1  The Participant acknowledges that the Activities are inherently and unavoidably dangerous, that they involve the risk of serious bodily injury, permanent disability, paralysis, disfigurement, brain injury, dental and eye injury, illness, death, and property damage or loss, and that such risks cannot be eliminated regardless of the care taken by any person. The Participant acknowledges having been advised of, and having had a full opportunity to inspect the Premises and evaluate, the following risks, which include without limitation:

  • Being struck by a golf club, club head, or club shaft during a swing, backswing, follow-through, or practice swing, whether the Participant’s own or another person’s;
  • Being struck by a golf ball, ball fragment, tee, or other projectile struck, thrown, dropped, or deflected by any person, including balls that ricochet, rebound, or deflect off an impact screen, net, ceiling, wall, floor, hitting bay divider, frame, projector, launch monitor, or other object;
  • Breakage, shattering, separation, or failure of a golf club, shaft, grip, or head, and injury from the resulting fragments;
  • Contact with walls, ceilings, doorways, ceiling-mounted equipment, projectors, cameras, sensors, light fixtures, sprinkler heads, screens, netting, frames, dividers, and other fixed objects during a swing or while moving in a confined indoor space with limited overhead and lateral clearance;
  • Slipping, tripping, stumbling, or falling on hitting mats, turf, transitions between surfaces, elevated tee areas, steps, wet or spilled areas, cords, cables, golf bags, clubs, balls, personal belongings, furniture, or other objects;
  • Falling from or off barstools, chairs, benches, or other furniture;
  • Sprains, strains, fractures, dislocations, tears, herniations, back and neck injury, repetitive-motion and overuse injury, muscular injury, cardiac events, heat-related illness, dehydration, and aggravation of any pre-existing condition;
  • Negligent, reckless, careless, intoxicated, inattentive, unskilled, or intentional acts or omissions of other Participants, Members, Guests, Minors, spectators, invitees, or third persons, including persons who have not completed this Agreement or the Guest Waiver;
  • Criminal acts of third parties, including assault, battery, theft, robbery, vandalism, and trespass, at the Premises, in the parking areas, or in the common areas of the shopping center;
  • Failure, malfunction, defect, misuse, inadequacy, or improper adjustment of simulators, launch monitors, software, screens, netting, mats, projectors, HVAC, lighting, doors, locks, and access-control systems, including failure of a door to lock or unlock or of an access credential to function;
  • Electrical failure, power loss, loss of climate control, loss of lighting, loss of internet or mobile service, fire, smoke, water intrusion, and other building or utility events;
  • Conditions of the parking lot, sidewalks, entryways, and common areas, including ice, snow, water, uneven surfaces, potholes, and inadequate lighting, whether or not those areas are within the control of Holt in One;
  • Consumption of alcohol or other substances by the Participant or by any other person present at the Premises;
  • Exposure to and transmission of communicable diseases and other illness;
  • Instruction, coaching, or correction given by a contract instructor as described in Section 7, including the risk that instruction may be given incorrectly or that the Participant may attempt to apply it incorrectly; and
  • The absence of supervision, monitoring, security, first aid, rescue, and prompt emergency response, and any delay in obtaining medical attention.

3.2  THE PARTICIPANT KNOWINGLY, VOLUNTARILY, AND FREELY ASSUMES ALL RISKS OF THE ACTIVITIES, BOTH KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, INCLUDING RISKS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES, AND ASSUMES FULL RESPONSIBILITY FOR ALL RESULTING INJURY, DEATH, ILLNESS, LOSS, AND DAMAGE. THE PARTICIPANT ELECTS TO PROCEED DESPITE THESE RISKS AND ACKNOWLEDGES THAT PARTICIPATION IS ENTIRELY VOLUNTARY AND IS NOT REQUIRED OF THE PARTICIPANT BY ANY PERSON.

4. CONDITION OF THE PREMISES; NO REPRESENTATIONS; NO RELIANCE

4.1  The Participant accepts and agrees to use the Premises, the simulators, and all equipment in their “AS IS, WHERE IS, WITH ALL FAULTS” condition. Holt in One makes no representation or warranty of any kind, express or implied, as to the condition, safety, suitability, fitness for a particular purpose, merchantability, accuracy, calibration, or adequacy of the Premises, the simulators, the software, the netting, the screens, the mats, the clubs, the balls, or any other equipment or amenity, and all such representations and warranties are expressly disclaimed to the fullest extent permitted by law.

4.2  The Participant is not relying upon any statement, representation, assurance, inducement, or guarantee by Holt in One or any other person that is not expressly set forth in this Agreement. The Participant has had the opportunity to inspect the Premises and all equipment before use and agrees to inspect the bay, the mat, the netting, the screen, and any equipment before each use, to refrain from using anything that appears damaged, worn, defective, or unsafe, and to report the condition to Holt in One immediately.

4.3  Holt in One does not warrant that the Premises will be available, that any reservation will be honored, that any system will function, or that any Activity can be completed, and Holt in One shall have no liability for loss of use, interruption, cancellation, lost time, travel expense, or incidental or consequential damages arising from any unavailability or malfunction. The sole remedy of a Participant for an unusable reservation is a credit or refund of the amount paid for that reservation.

4.4  Food, beverages, and merchandise (including but not limited to golf balls, tees, and other similar items) sold by Holt in One, whether through vending machines, at the Premises, or otherwise, are sold “AS IS.” Holt in One does not inspect, test, or warrant the condition of any such item beyond ordinary restocking, and disclaims all warranties, express or implied, regarding their quality, condition, fitness for a particular purpose, or merchantability, to the fullest extent permitted by law. Nothing in this Section 4.4 limits any warranty a manufacturer or packager of an item provides directly to the Participant.

5. PHYSICAL CONDITION; MEDICAL MATTERS; EMERGENCY CARE

5.1  The Participant represents that the Participant is in good health and has no physical, medical, orthopedic, cardiac, neurological, or other condition, and is taking no medication, that would make participation in the Activities unsafe for the Participant or for others. The Participant assumes full responsibility for determining fitness to participate and agrees to consult a physician before participating. The Participant agrees to stop participating immediately and to seek assistance upon experiencing pain, dizziness, shortness of breath, chest discomfort, injury, or any other symptom.

5.2  The Participant acknowledges that Holt in One provides no medical or health care services, employs no medical personnel, and has no duty to provide, summon, or facilitate medical care. The Participant authorizes, but does not require, Holt in One and any Released Party to summon emergency medical assistance and to arrange first aid, transport, or treatment on the Participant's behalf if any of them elects to do so, and the Participant assumes all cost of such care and all risk of the rendering, non-rendering, delay, or inadequacy of such care, including negligent rescue and negligent or delayed medical services. No such election shall create a duty to act on any other occasion.

6. COMPLIANCE WITH RULES; REMOVAL; RIGHT OF REFUSAL

6.1  The Participant has read, understands, and agrees to comply strictly with the Rules, including the Facility Rules and Safety Requirements attached as Exhibit A, and to ensure that every Minor and Guest for whom the Participant is responsible does the same. The Participant acknowledges that the Rules are safety requirements, that violation of the Rules materially increases the risk of injury to the Participant and to others, and that the Participant’s compliance is the primary safeguard against injury at a self-service facility.

6.2  Holt in One may amend the Rules at any time, and the version posted at the Premises or in the mobile application at the time of a visit governs that visit. Holt in One may, in its sole discretion and without refund except as stated in the applicable Schedule, suspend or terminate any membership, reservation, or Access Credential, deny entry, and remove any person from the Premises for any violation of this Agreement or the Rules, for conduct that endangers any person or property, or for any other lawful reason.

6.3  The Participant agrees to leave the Premises in the condition in which the Participant found them, to remove all personal property, trash, food, and beverages, to return all balls, tees, clubs, and other equipment furnished by Holt in One, and to ensure that all doors are secured upon exit.

7. INSTRUCTIONS AND LESSONS

7.1  Instruction, lessons, coaching, and club fitting offered at the Premises are provided by an independent contract instructor and not by an employee of Holt in One. The instructor, and not Holt in One, is solely responsible for the manner, content, sequencing, and safety of any instruction given, and for any advice, correction, drill, or exercise the instructor provides. Holt in One does not supervise, control, or warrant the instructor’s teaching methods, techniques, or qualifications, and does not review or approve instructional content in advance.

7.2  During a scheduled instruction session, the instructor is present in the bay in which that session takes place, but no other Holt in One employee, agent, or representative is present anywhere at the Premises solely because instruction is occurring. Sections 2.1 and 2.3 apply in full outside the specific bay and time of a scheduled instruction session, and apply within that bay to every matter other than the presence of the instructor.

7.3  A Participant who books instruction is bound by this Agreement with respect to that instruction to the same extent as any other Activity, including the release, assumption of risk, and indemnification provisions of Sections 3, 10, and 11.

8. ACCESS CREDENTIALS, GUESTS, AND RESPONSIBILITY FOR PERSONS ADMITTED

8.1  Access Credentials are personal, confidential, revocable, and nontransferable. The Booking Party agrees not to share, disclose, duplicate, publish, sell, lend, or transfer any Access Credential to any person, not to prop, disable, block, or defeat any door, lock, alarm, or access-control device, and not to admit or allow entry to any person who is not a Member or an authorized Guest of the Booking Party, including by permitting a person to follow the Booking Party through an entry door.

8.2  The Booking Party is fully and personally responsible for every person the Booking Party admits, invites, brings, or permits to enter the Premises, and for every person who gains entry using the Booking Party’s Access Credential, whether or not with the Booking Party’s knowledge or consent, and whether or not that person has completed this Agreement or the Guest Waiver described below. The Booking Party is responsible for the conduct, supervision, safety, and compliance with the Rules of every such person, and for all injury, loss, and damage caused by or to every such person.

8.3  Guest notice and the Guest Waiver. Holt in One requires every Guest to complete a separate Guest Waiver before entering the Premises. That requirement is independent of, and does not reduce, the Booking Party’s own responsibility for every Guest under Section 8.2, which applies whether or not a particular Guest has completed the Guest Waiver. Specifically:

  • The Booking Party represents that, before each Guest enters the Premises, the Booking Party has personally informed that Guest of the Rules and of the existence of the Guest Waiver described below, and has directed the Guest to complete it.
  • Holt in One maintains a separate, standalone Guest Release and Waiver of Liability, Assumption of Risk, and Indemnification Agreement (the “Guest Waiver”), hosted at [guest waiver URL] and posted by QR code at the Premises, which every Guest is required to complete before entering. The Guest Waiver captures the Guest’s name, the date, the booking reference or Member name responsible for the visit, and the Guest’s electronic signature, and Holt in One retains that record.
  • The Booking Party’s representation that a Guest has been informed of, and will complete, the Guest Waiver is not a substitute for the Guest actually completing it, and does not by itself bind the Guest to anything. If a Guest does not complete the Guest Waiver, Holt in One has no release from that Guest, and the Booking Party’s obligations under Section 8.4 (indemnification) and this Agreement generally remain the operative protection for Holt in One with respect to that Guest, subject to the limitations in Section 11.3 for a Minor Guest.
  • Holt in One may, but is not obligated to, verify that a Guest has completed the Guest Waiver before or during that Guest’s visit. Holt in One may deny entry to, or remove, any Guest who has not completed the Guest Waiver, and may suspend or terminate the Booking Party’s Access Credentials for admitting a Guest who has not done so, without limiting any other remedy.

8.4  The Booking Party’s indemnification obligation with respect to every Guest is set forth in Section 11, including the limitation in Section 11.3 that the indemnity does not extend to a Claim brought by or on behalf of a Minor Guest for that Minor’s own injury.

8.5 Age and authority representation. By accepting this Agreement, the Booking Party represents that the Booking Party is at least eighteen (18) years of age and has full legal authority to bind the Booking Party to this Agreement. A person who is not at least eighteen years of age may not be a Booking Party and may enter the Premises only as a Minor under Section 12, accompanied by a parent or legal guardian as Section 12.1 requires.

8.6 Minors on a booking. A Minor may be included on a booking, or brought as a Guest, only if a parent or legal guardian of that Minor is physically present with the Minor in the same bay area at all times, as required by Section 12.1. Identifying a Minor in a booking, or as a Guest, does not by itself satisfy Section 12.1; the actual physical presence of the Minor’s own parent or legal guardian is required regardless of who books the reservation or completes this Agreement. A Booking Party who is not a Minor’s parent or legal guardian may not bring that Minor to the Premises unless the Minor’s own parent or legal guardian is also present and has completed the acknowledgments required by Section 12.

8.7 Unaccompanied or unacknowledged persons discovered on the Premises. If Holt in One becomes aware that a person is on the Premises who is a Minor not accompanied by a parent or legal guardian as Section 12.1 requires, or who is a Guest that has not completed the Guest Waiver, Holt in One may remove that person, may deny that person further entry, and may suspend or terminate the Access Credentials of the Booking Party or Member responsible for admitting that person. Holt in One’s failure to discover or act on such a circumstance does not waive any Rule or any provision of this Agreement.

8.8 The Booking Party agrees not to remain on the Premises beyond the reserved time, not to enter except during a valid reservation, and to report immediately any lost, stolen, or compromised Access Credential.

9. ALCOHOL, CANNABIS, AND CONTROLLED SUBSTANCES

9.1  Holt in One does not hold a license to sell, serve, or furnish alcoholic liquor, and the Premises are an alcohol-free facility. No alcoholic beverage of any kind may be brought onto, possessed, served, furnished, sold, or consumed at the Premises by any person, at any time, regardless of that person’s age, and no person may enter or remain at the Premises while under the influence of alcohol. No cannabis or marijuana product in any form, and no controlled substance except a lawfully prescribed medication used by the person to whom it is prescribed, may be brought onto, used, or consumed at the Premises. No smoking or vaping of any substance is permitted.

9.2  The Participant shall not participate in any Activity, and shall not permit any Minor or Guest to participate in any Activity, while impaired by alcohol, cannabis, medication, or any other substance. The Participant acknowledges the significant additional risk that alcohol and other substances create in a confined indoor space where golf clubs are swung at speed, expressly assumes that risk as to the Participant and as to every other person present, and takes full responsibility for the Participant’s own conduct, safety, and welfare and for that of every Guest and Minor for whom the Participant is responsible.

9.3  No person under twenty-one (21) years of age may possess or consume alcohol at the Premises under any circumstance. The Participant agrees not to furnish alcohol to any such person and acknowledges that doing so is a criminal offense and a material breach of this Agreement.

10. RELEASE AND WAIVER OF LIABILITY; COVENANT NOT TO SUE

10.1  TO THE FULLEST EXTENT PERMITTED BY MICHIGAN LAW, THE PARTICIPANT HEREBY FOREVER RELEASES, WAIVES, DISCHARGES, ACQUITS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES, AND EACH OF THEM, FROM AND WITH RESPECT TO ANY AND ALL CLAIMS OF ANY KIND WHATSOEVER THAT ARISE OUT OF, RESULT FROM, OR RELATE IN ANY WAY TO THE PARTICIPANT’S PRESENCE AT THE PREMISES OR PARTICIPATION IN THE ACTIVITIES, INCLUDING WITHOUT LIMITATION CLAIMS FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, DISABILITY, DEATH, EMOTIONAL DISTRESS, LOSS OF CONSORTIUM, LOSS OF SERVICES, MEDICAL AND FUNERAL EXPENSES, AND DAMAGE TO OR LOSS OF PROPERTY, AND EXPRESSLY INCLUDING ANY SUCH CLAIM CAUSED OR ALLEGED TO HAVE BEEN CAUSED, IN WHOLE OR IN PART, BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, WHETHER THAT NEGLIGENCE CONSISTS OF AN ACT OR AN OMISSION AND WHETHER IT SOUNDS IN ORDINARY NEGLIGENCE, PREMISES LIABILITY, FAILURE TO INSPECT, FAILURE TO WARN, FAILURE TO MAINTAIN, FAILURE TO SUPERVISE, FAILURE TO PROVIDE SECURITY, FAILURE TO RESCUE, NEGLIGENT RESCUE, NEGLIGENT HIRING, TRAINING, OR RETENTION, PRODUCTS LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, OR ANY OTHER THEORY.

10.2  The Participant agrees that this release extends to Claims that are presently unknown, unanticipated, or unsuspected, and to Claims arising from any latent or undiscovered condition, and the Participant expressly waives the benefit of any statute or rule of law that would otherwise limit a general release to Claims known at the time of acceptance.

10.3  Limitation. This release does not, and is not intended to, release any Released Party from liability for gross negligence, willful and wanton misconduct, or intentional wrongdoing, and it does not release any Claim that Michigan law does not permit to be released by contract. The parties intend and agree that no portion of this Agreement shall be construed to disclaim liability for gross negligence, willful and wanton misconduct, or intentional acts.

10.4  The Participant agrees not to commence, prosecute, join in, or voluntarily assist in any Claim released by this Section, and agrees that this Agreement may be pleaded as a complete bar and defense to any such Claim. If the Participant nonetheless brings a Claim released by this Section and does not prevail, the Participant shall pay the reasonable attorneys’ fees and costs the Released Parties incur in defending it, to the fullest extent permitted by law.

11. INDEMNIFICATION AND DEFENSE

11.1  To the fullest extent permitted by Michigan law, the Participant, on the Participant’s own behalf and in the Participant’s individual capacity, shall indemnify, defend, and hold harmless the Released Parties, and each of them, from and against any and all Claims brought or asserted by any person or entity that arise out of, result from, or relate in any way to:

  • The acts or omissions of the Participant, including any negligent, reckless, intentional, or unlawful act or omission;
  • The acts or omissions of any Guest, Minor, or other person the Participant admits, invites, brings, permits to enter, or is otherwise responsible for under Section 8, and the acts or omissions of any person who gains entry using the Participant’s Access Credential;
  • Injury to, illness of, or death of any person, or damage to or loss of any property, caused in whole or in part by the Participant or by any person described in the preceding bullet;
  • The Participant’s breach of this Agreement or of the Rules, or the breach of either by any person described above; and
  • Any damage to, loss of, or theft of the Premises, the simulators, the equipment, or any other property of any Released Party caused by the Participant or by any person described above.

11.2  The indemnification obligation includes the obligation to pay reasonable attorneys’ fees, expert fees, investigation costs, court costs, judgments, and settlements. Holt in One shall have the right to select its own counsel and to control its own defense, and no settlement shall be entered on behalf of a Released Party without that party’s written consent.

11.3  Limitations on indemnification. The Participant’s indemnification obligation under this Section 11 does not extend to, and expressly excludes:

  • Any Claim to the extent it arises from the gross negligence, willful and wanton misconduct, or intentional wrongdoing of the Released Party seeking indemnification;
  • Any Claim asserted by or on behalf of a Minor — whether the Participant’s own Minor or a Minor who is a Guest of the Participant — against a Released Party for that Minor’s own injury, as further provided in Section 12; and
  • Any obligation the enforcement of which would violate Michigan law or public policy.

12. MINORS: PARENT AND GUARDIAN PROVISIONS

12.1  Supervision required. No Minor may enter or remain at the Premises at any time except in the physical presence of, and under the continuous direct supervision of, a parent or legal guardian who is at least eighteen (18) years of age, who has accepted this Agreement, and who remains within the same hitting bay area as the Minor at all times. No Minor may be left unattended at the Premises for any period. Holt in One does not provide, and does not undertake to provide, any supervision, child care, chaperoning, or monitoring of any Minor.

12.2  Representations of the parent or guardian. The accepting adult represents and warrants that the accepting adult is the parent or legal guardian of each Minor identified in the booking (or that will otherwise be present at the Premises), with full legal authority over that Minor; that the accepting adult has read this Agreement in its entirety, has explained the Rules and the risks described in Section 3 to the Minor in terms the Minor can understand, and has determined that the Minor is physically and emotionally capable of participating safely; and that the accepting adult accepts sole and complete responsibility for the supervision, conduct, safety, and equipment of the Minor at all times while the Minor is at or about the Premises.

12.3  Release of the parent’s own claims. The parent or legal guardian described in Section 12.2, in that person’s own individual capacity and as to that person’s own independent and derivative claims only, releases, waives, discharges, and covenants not to sue the Released Parties from and with respect to any and all Claims that person may have or acquire arising out of injury to, illness of, or death of the Minor at or about the Premises, including without limitation claims for medical, hospital, rehabilitation, and funeral expenses, loss of the Minor’s services, society, companionship, and earnings, loss of consortium, emotional distress, bystander recovery, and out-of-pocket loss, and expressly including such Claims caused in whole or in part by the ordinary negligence of a Released Party. This Section 12.3 does not purport to release, and shall not be construed to release, waive, compromise, or in any way limit any Claim belonging to the Minor.

12.4  Acknowledgment regarding the Minor’s own claims. The parties acknowledge that under Michigan law a parent or guardian cannot bind a minor child to a pre-injury release of the child’s own claims. Nothing in this Agreement is intended to waive, release, indemnify against, or otherwise limit a Minor’s own claim against a Released Party for injury caused by that party’s negligence, and no provision of this Agreement shall be so construed.

12.5  Severability as to Minors. If any provision of this Agreement is held unenforceable as applied to a Minor or to a Claim of a Minor, that holding shall not affect the enforceability of that provision or of any other provision as applied to the accepting adult, to any other adult Participant, or to any Claim other than the Minor's own Claim, and this Agreement shall remain in full force and effect as to all such persons and Claims.

13. PERSONAL PROPERTY; DAMAGE TO THE PREMISES AND EQUIPMENT

13.1  The Participant is solely responsible for all property the Participant, any Guest, or any Minor brings to the Premises. Holt in One provides no security, storage, safekeeping, or insurance for personal property, assumes no duty of care with respect to it, and shall have no liability for its theft, loss, damage, or destruction from any cause, including the negligence of a Released Party.

13.2  The Participant shall pay Holt in One the full cost of repairing or replacing, at the election of Holt in One, any property of any Released Party that is damaged, destroyed, lost, or removed by the Participant or by any Guest, Minor, or other person for whom the Participant is responsible under Section 8, including impact screens, netting, projectors, cameras, sensors, launch monitors, computers, mats, turf, furniture, walls, ceilings, doors, and access-control equipment. The Participant’s obligation under this Section is contractual, is undertaken in the Participant’s own individual capacity, and is separate from and in addition to any liability imposed on a parent by statute or common law for the acts of a minor child.

13.3  Before charging, invoicing, or otherwise seeking payment under Section 13.2, Holt in One shall deliver to the Participant written notice stating: (a) the date, time, and bay or area in which the damage is believed to have occurred; (b) a description of the damaged property; (c) the amount claimed and the basis on which it was calculated, including any repair estimate, invoice, or replacement cost relied upon; and (d) the date on or after which payment will be sought. The Participant shall have ten (10) days after delivery of the notice to respond in writing and to submit any information disputing responsibility or amount. Holt in One shall consider any timely response in good faith before seeking payment. Notice may be delivered by email to the address on file or through the mobile application utilized by Holt in One.

13.4  Damage-charge authorization; separate from dues authorization. Subject to Section 13.3, the Participant authorizes Holt in One to charge the payment method the Participant has stored with Holt in One for amounts due under Section 13.2. This is a payment authorization for repair or replacement costs only: it does not authorize, and is not satisfied by, any recurring or scheduled charge, and it is a separate and distinct authorization from any authorization to charge recurring membership dues, which — for a Member — is addressed exclusively in the applicable Membership Schedule. This authorization: (a) permits Holt in One to charge only the amount calculated and disclosed as described in Section 13.3; (b) will not be exercised before the ten-day notice period in Section 13.3 has run; (c) applies only to the single charge described in the notice, not to future or recurring charges; and (d) may be withdrawn at any time by written notice to Holt in One, which withdrawal is prospective only, does not discharge any amount already owed, and may result in suspension of membership and access privileges. Holt in One will retain a record of this authorization and of each notice given under Section 13.3.

13.5  Nothing in Sections 13.2 through 13.4 limits the right of Holt in One to pursue any legal or equitable remedy for the amounts owed, including an action for breach of contract and the indemnification remedies in Section 11, whether or not a charge under Section 13.4 is attempted, declined, reversed, or disputed. In any action to collect amounts owed under Section 13.2, the prevailing party is entitled to its reasonable attorneys’ fees and costs to the extent permitted by law.

14. VIDEO SURVEILLANCE, MEDIA, AND PERFORMANCE DATA

14.1  The Participant acknowledges and consents to the use of video surveillance and recording at the Premises, including in the hitting bays and common areas but excluding restrooms, and acknowledges that such recording may occur at any time without further notice. The Participant acknowledges that Holt in One has no obligation to operate, maintain, monitor, record, retain, or produce any such system or recording, and that the existence of any system creates no duty of care, no undertaking to render aid, and no expectation of security.

14.2  The Participant acknowledges that the simulator and launch-monitor systems collect swing, ball-flight, biometric-adjacent motion, performance, booking, and account data, that such data may be transmitted to and stored by third-party providers under those providers’ own terms and privacy policies, and that Holt in One does not control and is not responsible for those providers’ systems, data practices, availability, accuracy, or security. The Participant releases the Released Parties from all Claims arising from the collection, use, transmission, loss, corruption, inaccuracy, or unauthorized disclosure of such data.

14.3  The Participant acknowledges that the camera, access-control, and simulator systems at the Premises may capture and record sound, including private conversation, in the hitting bays and common areas, and that such recording may occur at any time and without further notice. The Participant expressly consents to the recording, retention, and use of such audio by Holt in One and its service providers, and to its disclosure to insurers, counsel, and law enforcement and in any legal proceeding. This consent is given for all purposes. The Participant agrees to inform every Minor and Guest the Participant admits of this Section before that person enters the Premises. Holt in One has no obligation to operate, maintain, monitor, record, retain, or produce any audio or video recording, and the existence of any such system creates no duty of care and no undertaking to render aid.

15. COMMUNICABLE DISEASE

15.1  The Participant acknowledges that entering an indoor facility used by others carries the risk of exposure to and transmission of communicable diseases, including bacterial and viral illness, and that the risk cannot be eliminated. The Participant knowingly assumes that risk, agrees not to enter the Premises while experiencing symptoms of a communicable illness or while subject to a quarantine or isolation directive, and releases the Released Parties from all Claims arising from exposure to or contraction of any communicable disease at the Premises, including such Claims arising from the ordinary negligence of a Released Party.

16. NOTICE OF CLAIM AND CONTRACTUAL LIMITATIONS PERIOD

16.1  The Participant shall give Holt in One written notice of any incident, accident, injury, or property loss occurring at or about the Premises within thirty (30) days after it occurs, describing the date, time, location, persons involved, and nature of the incident. Failure to give timely notice shall not bar a Claim except to the extent Holt in One is actually prejudiced by the delay, as provided in Section 16.2.

16.2  For purpose of Section 16.1, Holt in One shall be deemed prejudiced if, as a result of the delay: (a) surveillance recordings, access logs, booking records, or sensor or simulator data covering the relevant period have been overwritten, deleted, or become unavailable in the ordinary course; (b) the physical condition, equipment, or area alleged to have caused or contributed to the injury or loss has been repaired, replaced, altered, cleaned, or removed, or has otherwise changed such that it can no longer be inspected in its condition at the time of the incident; (c) a witness with knowledge of the incident, including any other person present at the Premises during the relevant period, has become unavailable or unable to recall the events; (d) Holt in One has lost the opportunity to conduct a timely inspection, investigation, or medical examination, or to preserve evidence it would otherwise have preserved; or (e) Holt in One has lost or impaired a right under any policy of insurance, including the right to timely tender the claim to its insurer, or has lost a right of contribution, indemnity, or subrogation against any third party. The circumstances listed above are not exclusive. Holt in One’s rights under this Section are in addition to and do not limit Section 16.3, or any other defense.

16.3  TO THE FULLEST EXTENT PERMITTED BY LAW, ANY ACTION OR PROCEEDING AGAINST ANY RELEASED PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PREMISES, OR THE ACTIVITIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND ANY SUCH ACTION COMMENCED THEREAFTER IS FOREVER BARRED, NOTWITHSTANDING ANY LONGER PERIOD PROVIDED BY STATUTE. THIS SECTION DOES NOT APPLY TO A CLAIM OF A MINOR OR TO ANY CLAIM AS TO WHICH A CONTRACTUAL SHORTENING OF THE LIMITATIONS PERIOD IS NOT PERMITTED BY LAW.

17. GENERAL PROVISIONS

17.1  Governing law and venue. This Agreement, and any Claim arising out of or relating to this Agreement, the Premises, or the Activities, whether sounding in contract, tort, statute, or otherwise, is governed by and shall be construed and enforced in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles. Any action or proceeding arising out of or relating to this Agreement, the Premises, or the Activities shall be brought exclusively in a state court of competent jurisdiction sitting in Ingham County, Michigan, or, if federal subject matter jurisdiction exists, in the United States District Court for the Western District of Michigan, Southern Division. The Participant irrevocably consents to the personal jurisdiction of those courts and waives any objection to venue in them, including any objection based on forum non conveniens. Nothing in this Section limits the right of Holt in One to bring an action in the 55th District Court, or any other district court of limited jurisdiction serving Delhi Township, Ingham County, to collect amounts owed under Section 13.

17.2  Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PREMISES, OR THE ACTIVITIES.

17.3  Severability and reformation. The provisions of this Agreement are severable. If any provision, or any portion or application of any provision, is held invalid, void, or unenforceable, that holding shall not affect any other provision, portion, or application, and the remainder of this Agreement shall be enforced to the greatest extent permitted by law. The parties intend that any provision held overbroad be reformed and enforced to the maximum extent permissible rather than stricken, and that the release, assumption of risk, and indemnification provisions be given the broadest effect Michigan law allows.

17.4  Term and continuing effect. This Agreement takes effect upon acceptance and applies to every entry upon the Premises and every instance of participation in the Activities by the Participant on or after the date of acceptance, and continues in effect until the Participant delivers written revocation to Holt in One. The Participant represents that, as of the date of acceptance, the Participant has no known Claim against any Released Party arising from any prior entry upon the Premises or prior participation in the Activities. Revocation is prospective only, terminates the Participant’s right of access, and does not affect any Claim, release, or indemnification obligation arising before the revocation is received. Sections 10 through 17 survive any termination, revocation, expiration of membership, or removal from the Premises.

17.5  Third-party beneficiaries. Each Released Party who is not a signatory is an intended third-party beneficiary of this Agreement, entitled to enforce it directly.

17.6  Binding effect; assignment. This Agreement binds and inures to the benefit of the parties and their respective heirs, next of kin, spouses, personal representatives, executors, administrators, guardians, successors, assigns, insurers, and subrogees. Holt in One may assign this Agreement without consent. The Participant may not assign it.

17.7  Entire agreement; amendment. This Agreement, the applicable Schedule, the Facility Rules attached as Exhibit A, and (as to a Guest) the Guest Waiver (collectively, the “Facility Documents”) are presented and accepted together as a single set of Terms and Conditions and together constitute the entire agreement between the parties concerning the Participant’s access to and use of the Premises, superseding all prior and contemporaneous understandings on that subject, whether written, oral, or electronic. The Facility Documents are intended to be read together and to complement one another. This Agreement governs every question touching release, waiver, assumption of risk, and indemnification; the Schedule governs commercial terms, including rates, dues, billing, cancellation, and membership entitlements. If a conflict arises between the Schedule and this Agreement on any question touching liability, release, waiver, indemnification, or assumption of risk, this Agreement controls. If a conflict arises on a commercial or billing question, the Schedule controls. Except as provided in Section 6.2, no amendment, modification, or waiver of this Agreement is effective unless Holt in One publishes a new version under Section 17.10.

17.8  No waiver. No failure or delay by Holt in One in enforcing any provision is a waiver of that provision or of any other provision, and no waiver is effective unless in writing signed by an authorized representative of Holt in One.

17.9  Construction. This Agreement shall not be construed against Holt in One as the drafter. Headings are for convenience only. “Including” means “including without limitation.”

17.10  Electronic signature and delivery. The Participant agrees that an electronic signature, an electronic record, a checked acknowledgment box, or a click-through acceptance constitutes an original signature and a valid, enforceable, and binding execution of this Agreement to the same extent as an ink signature, in accordance with the Michigan Uniform Electronic Transactions Act, MCL 450.831 et seq., and the federal E-SIGN Act, and consents to conduct this transaction and to receive all related notices electronically. This Agreement is displayed in full within the booking flow and requires its own affirmative acknowledgment, separate from acceptance of the Schedule and from any auto-renewal acknowledgment described in the Membership Schedule. For each acceptance, Holt in One’s systems capture and retain the Participant’s identity, the date and time of acceptance, the Participant’s IP address, and the specific version of this Agreement accepted. Each version of this Agreement carries a version number and effective date; a superseded version remains archived and available to establish what a given Participant accepted on a given date. Acceptance of a later version does not apply retroactively to conduct or Claims arising before that version’s effective date, which remain governed by the version in effect at the time.

17.11  Notices.  Any notice to Holt in One required or permitted under this Agreement must be in writing and delivered to Holt in One, L.L.C., 2040 N. Aurelius Road, Suite 1, Holt, Michigan 48842, and is effective upon actual receipt. Any notice to the Participant may be given by email to the address the Participant has provided, by message through the Holt in One mobile application or booking platform, or by first-class mail to the address on file, and is effective on the date sent if delivered electronically and three (3) days after deposit if mailed. The Participant shall keep the Participant’s email address and mailing address current with Holt in One, and delivery to the most recent address on file is effective notice.

18. MEMBERSHIP SCHEDULE

This Schedule applies to a Member holding a Fringe, Fairway, or Green membership. It is accepted together with the Agreement above, which controls on every question touching release, waiver, assumption of risk, and indemnification; this Schedule controls on the commercial terms below. The tier selected at enrollment determines the entitlements in Section 18.1.

18.1  Tier entitlements.[b]

Fringe

Fairway

Green

Monthly dues

$125.00

$187.00

$250.00

Annual dues

$1,125.00

$1,688.00

$2,250.00

Active reservations

1

1

2

Tee time length

1 hour

2 hours

3 hours

Included guests

Up to 3, at $15.00 each

3, free

3, free

Priority booking window

Standard

14 days

14 days

League entry discount

None

50%

75%

Access

Unlimited

Unlimited

Unlimited

Initiation fee

None

None

None

18.2  Founder pricing. The dues rates in Section 18.1 for a Member enrolled during Holt in One’s founder pricing period persist through renewal for as long as that Member’s membership remains continuously active, and do not increase upon renewal solely because a later enrollee pays a different rate.[c]

18.3  Term; billing; cancellation. Membership is month-to-month, billed in advance on the monthly or annual cycle the Member selects at enrollment. A Member may cancel at any time by giving Holt in One at least five (5) days’ notice before the next billing date, using the online cancellation method described in Section 18.7. Cancellation is effective at the end of the billing cycle in which the notice period is satisfied; dues already billed for a cycle are not refunded for a mid-cycle cancellation.

18.4  Auto-renewal. Both monthly and annual memberships automatically renew for successive terms of the same length unless the Member cancels as described in Section 18.3. [d]

18.5  Dues billing authorization. By enrolling, the Member authorizes Holt in One to charge the payment method the Member has on file for recurring membership dues, in the tier amount stated in Section 18.1 (as adjusted under Section 18.2), on the monthly or annual frequency the Member selected at enrollment, beginning on the enrollment date and continuing each billing cycle thereafter until the membership is cancelled as described in Section 18.3. This authorization: (a) is limited to the dues amount and frequency disclosed at enrollment and to any renewal price change disclosed as described in Section 18.4; (b) is separate from, and is not satisfied or replaced by, the damage-charge authorization in Section 13.4 of this Agreement, and a charge under one authorization is not made under the other; and (c) may be withdrawn only by cancelling the membership as described in Section 18.3, which is prospective only. Holt in One will retain a record of this authorization, including the date given and the terms disclosed at that time.

18.6  Membership hold. A Member may place the membership on hold one time during the life of that membership. A Member who has used the one available hold is not entitled to another hold for the remaining life of that membership.[e]

18.7  Cancellation method. A Member may cancel online through the same platform used to enroll, without being required to call, write, or visit in person[f]. Cancellation takes effect as described in Section 18.3.

18.8  Guests. The Member may bring Guests up to the number and on the terms stated for the Member’s tier in Section 18.1. A Member may not book for a Guest, or admit a Guest, unless the Member is personally present with that Guest for the duration of the Guest’s visit. Every Guest remains subject to Section 8 of this Agreement in full, including the Guest Waiver requirement.

18.9  Credential sharing. If Holt in One determines that a Member has shared an Access Credential in violation of Section 8.1, Holt in One will charge the Member the normal one-time booking rate for the resulting use. A first violation results in a written warning. A second violation results in termination of the membership without refund, in addition to any other remedy available to Holt in One under this Agreement.

18.10  No-shows. A missed reservation is not refunded and does not reduce dues owed for the billing cycle in which it occurs. Holt in One may, in its discretion, waive this policy on a case-by-case basis.

18.11  Leagues, tournaments, and lessons. League and tournament entry is discounted for Fairway and Green Members as stated in Section 18.1. Lessons are booked and billed separately through the instructor arrangement described in Section 7; a Member’s tier does not include free or discounted instruction unless Holt in One states otherwise at the time of booking.

ELECTRONIC ACCEPTANCE

I HAVE READ THIS ENTIRE AGREEMENT, INCLUDING EXHIBIT A. I UNDERSTAND IT COMPLETELY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HOLT IN ONE, L.L.C. AND THE OTHER RELEASED PARTIES FOR INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THEIR ORDINARY NEGLIGENCE, AND THAT I AM AGREEING TO DEFEND AND INDEMNIFY THEM AS SET FORTH ABOVE. I UNDERSTAND THAT THE FACILITY IS UNSTAFFED AND UNSUPERVISED EXCEPT DURING SCHEDULED INSTRUCTION. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND TO CONSULT AN ATTORNEY OF MY CHOOSING BEFORE ACCEPTING. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT TO CONTRACT, OR I AM THE PARENT OR LEGAL GUARDIAN OF EACH MINOR I HAVE IDENTIFIED. NO ONE HAS MADE ANY PROMISE, INDUCEMENT, ASSURANCE, OR REPRESENTATION TO ME EXCEPT AS STATED IN THIS AGREEMENT. I ACCEPT THIS AGREEMENT FREELY AND VOLUNTARILY, INTENDING TO BE FULLY BOUND.

For Notices Under this Agreement:

Address: ________________________________________________________________________

City / State / ZIP: _______________________________________________________________

Email: _________________________________________________________________________[g]

Parent or Legal Guardian acknowledgment (required whenever a Minor is identified in the booking): By checking this box, I certify that I am the parent or legal guardian of each Minor identified above, that I have read and agree to Section 12 of this Agreement, that I will remain physically present with and continuously supervise each Minor at all times at the Premises, and that I accept the obligations set forth in this Agreement in my own individual capacity.


EXHIBIT A

FACILITY RULES AND SAFETY REQUIREMENTS

These Rules are incorporated into and form part of the Release and Waiver of Liability, Assumption of Risk, and Indemnification Agreement. Holt in One may amend them at any time. The version posted at the Premises or in the mobile application at the time of a visit governs that visit.

A. Access and Security

  • Do not share your access code or credential with anyone, ever. You are responsible for everyone who enters using your credential.
  • Do not prop, block, or disable any door, lock, or alarm. Confirm the door closes and latches behind you when you enter and when you leave.
  • Do not admit any person you do not personally know and did not personally invite.
  • Enter only during your reserved time and leave promptly at the end of it.
  • The facility is monitored by cameras that may record video and sound at any time. No one is watching in real time and no one is monitoring the cameras for your safety. Tampering with cameras or equipment is prohibited and you will be charged for the resulting loss.
  • Report a lost or compromised credential immediately.

B. Bay and Swing Safety

  • Only one person may be inside the hitting area of a bay at a time. Everyone else must remain fully behind the designated safety line or seating area.
  • Before every swing, including practice swings, check your entire surroundings, overhead and behind you, for people, equipment, and obstructions.
  • Never swing a club outside a designated hitting area, and never swing near seating, walkways, entrances, restrooms, or common areas.
  • Hit only from the hitting mat, and hit only into the impact screen. Never hit toward any other direction.
  • Use standard, undamaged golf balls in good condition. Do not use range balls, practice balls, foam balls, plastic balls, limited-flight balls, or any ball that is cut, cracked, or scuffed.
  • Do not throw, toss, kick, or strike any object in the facility.
  • Be aware of limited ceiling height and side clearance. Confirm your club will clear the ceiling, projector, lights, and dividers before your first full swing.
  • Inspect your clubs before use. Do not use a cracked, bent, loose, or damaged club.
  • Never stand in front of, beside, or within the swing radius of a person holding a club.
  • Keep clubs, bags, balls, cords, and personal items off walkways and out of the hitting area when not in use.
  • Do not touch, adjust, move, reposition, strike, or climb on projectors, cameras, sensors, screens, netting, frames, or computers.

C. Attire and Conduct

  • Wear athletic shoes or clean golf shoes with non-marking soles. Metal spikes are prohibited. During winter, change into clean, dry indoor shoes.
  • No food or beverage inside a hitting area or near computers, projectors, or electronics. Use the designated tables.
  • No smoking, vaping, cannabis, or controlled substances anywhere on the Premises.
  • Do not participate while impaired by alcohol, medication, or any other substance.
  • No pets, except service animals as required by law.
  • Maximum occupancy per bay is as posted. Do not exceed it.
  • Treat other members and guests with respect. Harassment, fighting, and threatening conduct will result in immediate and permanent removal.
  • NO WAGERING. Do not organize, participate in, or facilitate any bet, wager, side pool, or other prize arrangement funded in whole or in part by entry fees or bets placed among players. This does not prohibit a league, tournament, or contest that Holt in One itself organizes and expressly approves in advance, and that is structured consistently with Holt in One’s Membership Schedule.
  • NO ALCOHOL. Holt in One is not licensed to sell or serve alcohol and this is an alcohol-free facility. Do not bring, possess, serve, share, sell, or drink any alcoholic beverage anywhere on the Premises at any time. This includes the bays, the seating and lounge areas, the restrooms, the entryway, and the parking area, and it applies to every person of every age, including during leagues, tournaments, private events, and parties.
  • Do not enter or use the facility if you have been drinking. If you or anyone in your group is impaired by alcohol, medication, cannabis, or any other substance, do not play and do not stay. A golf club moving at speed in a small indoor room is capable of causing catastrophic injury.
  • If alcohol is found on the Premises, the member whose credential admitted the group is responsible. Access may be suspended or terminated without refund, and that member is responsible for any resulting injury, loss, or damage.

D. Minors

  • No person under eighteen (18) may enter or remain in the facility unless a parent or legal guardian who has accepted the Agreement is physically present in the same bay area at all times.
  • A supervising adult may not golf, use a device, or otherwise be distracted while responsible for a Minor in an active hitting area.
  • No Minor may be left alone in the facility for any period, for any reason.

E. Emergencies and Reporting

  • There is no staff on site. In any emergency, call 911 first.
  • Carry a charged mobile phone. Do not use the facility alone when you can avoid it.
  • Know the location of the exits, the fire extinguisher, and the first aid kit before you begin. Any first aid supplies at the facility are provided as a convenience only. Do not assume they are present or stocked, and bring whatever you need.
  • Report every injury, accident, spill, malfunction, unsafe condition, and instance of property damage immediately using the contact information posted at the facility and in the app.
  • Clean up spills immediately. Do not leave a hazard for the next member.

F. Leaving the Facility

  • Return all balls, tees, and loaner equipment to their proper place.
  • Remove all personal property, food, beverages, and trash.
  • Power down or reset the simulator as instructed, turn off lights as instructed, and confirm the door is secured behind you.

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