Terms of service.

 

GOLF V2 TERMS OF SERVICE

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

Last Updated: July 31, 2022

Hey, guess what, like every other company around, we’ve got some rather detailed

Terms of Service.

We know it’s a long page, and that’s because it’s broken up into chunks which detail

different aspects of the Golf V2 service. Essentially, what it says is that we do our best

to provide you with a great service, governed by reasonable rules and expectations.

OK, so let’s start...

CONTENTS

1. Scope of Agreement

2. Changes to this Agreement

3. Accessing the Services and Account Security

4. Prohibited Uses

5. Studio Policies, Rules and Regulations

6. Mobile Services

7. Termination & Survival

8. Third-Party Sites

9. Assignment

10.Fees

11.Non-Harassment Policy

12.Intellectual Property Rights

13.Feedback

14.Entire Agreement & No Waiver

15.Services Interruptions

16.Legal Disputes and Arbitration Agreement for Users in the United

States and Canada

17.Indemnification

18.Limitation of Liability

19.Special Limitation of Liability During the Coronavirus/COVID-19

Pandemic

20.Severability and Waiver

21.Notifications

22.Interpretation

23.Contacting Us

1. SCOPE OF AGREEMENT

Please read these Terms of Service ( “Terms”) carefully before using

https://www.GolfV2.com or other websites (together, “the Site”) operated by Golf V2,

LLC (“Golf V2,” “us”, “we”, or “our”), our mobile applications (“Apps”), services provided

at our studios, and any other services that we provide that link to these Terms (the Site,

Apps, and other services, collectively, the “Services”).

This Terms of Service is an agreement between you and Golf V2 and sets forth the

legally binding terms and conditions for your use of the Services. This Terms of Service

hereby incorporates by reference our Privacy Policy, available

at https://www.GolfV2.com/privacy-policy/ (the Terms of Service and Privacy Policy,

collectively, the “Agreement”).

By, as applicable, accessing or using the Services in any manner, including, but not

limited to, visiting or browsing the Site, downloading the App(s), or contributing content

or other materials to the Site or on or via the App(s), you agree to be bound by the

Terms of Service. You are only authorized to use the Services if you agree to abide by

all applicable laws and to the Terms of Service. Please read the Terms of Service

carefully and save it. If you do not agree with it, you should leave the Site or App and

discontinue use of the Services immediately.

2. CHANGES TO THIS AGREEMENT

We reserve the right to modify the Terms at any time, in our sole discretion. If we modify

material terms to these Terms, such modification will be effective after we send you

notice of the amended agreement, if permitted under the applicable law. Such notice will

be in our sole discretion, and the manner of the notification may include, for example,

via email, posted notice on the Site or Apps, or other manner. Your failure to cease use

of the Services after receiving notification of the modification will constitute your

acceptance of the modified terms.

If you do not agree to any of these Terms or any changes to these Terms, please do not

use, access or continue to access the Services, or discontinue any use of the Services

immediately.

3. ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be asked to provide certain details or other

information. It is a condition of your use of the Services that all the information you

provide to us is correct, current and complete. You agree that your failure to provide

complete and accurate information may result in the termination of your access to the

Services.

By using this site, you represent that you are at least the age of majority in your

jurisdiction of residence, or that you are the age of majority in your jurisdiction of

residence and you have given us your consent to allow any of your minor dependents to

use the Service. By using the Services, you represent that you are over 18 years of

age, and, if between the ages of 5 and 18, your parent or guardian has consented to the

Terms of Service and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including

studio classes, the Site, and App(s).

In order to access some Services available on the Site and App(s), you will have to

create an account. You may not use another person’s account. You agree that you are

solely responsible for the activity that occurs on your account. You agree to keep your

account password secure and confidential. You agree to notify us immediately of any

breach of security or unauthorized use of your account.

4. PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these

Terms. You agree not to use the Services:

• For any unlawful purposes, or that could violate any applicable federal, state,

local, or international law or regulation;

• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of

the Services, or which, as determined by us, may harm us or other persons using

the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services AND/OR FACILITIES for any commercial purpose - OUTSIDE COACHING IN PERSON OR VIA ZOOM (OR ANY OTHER DIGITAL PLATFORM) IS STRICTLY PROHIBITED AND WILL RESULT IN A MEMBERSHIP TERMINATION;

• Use the Services in any manner that could disable, overburden, damage, or

impair the Site or mobile app or any other party’s use of the Services;

• Use any robot, spider or other automated device, process, or means to access

the Service for any purpose;

• Introduce any viruses, trojan horses, worms, logic bombs, or other material which

is malicious or technologically harmful;

• Use the Services to distribute unsolicited promotional or commercial content, or

solicit other persons using the Services for commercial purposes;

• Otherwise attempt to interfere with the proper working of the Service.

5. STUDIO POLICIES, RULES, AND REGULATIONS

CANCELLATIONS: YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU

WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 12-

hour notice time period. You may cancel class through our online system or by calling

the applicable studio directly.

RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO

THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A

WAITLISTED CLIENT.

MEMBERSHIP PACKAGES: Persons who purchase ANY membership package are

subjected to a penalty charge (fee amount varies between individual studio locations)

for either a late cancel or an absence should they not cancel their reservation within the

allotted 12-hour window.

NON-RECORDING OF LIVE STUDIO/ONLINE CLASSES AGREEMENT: You

acknowledge and agree that any type of recording or transmission (video, audio, still

photography, streaming, social media posting, etc.) of any live Golf V2 classes or

activities, whether in person or online, is strictly prohibited without the prior written

consent of an authorized corporate officer of Golf V2. Golf V2 instructors

are not authorized to provide consent. This includes even a temporary

recording/transmission live Golf V2 online class via online platforms such as but not limited to SnapChat,

Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful,

non-offensive content related to your participation in a Golf V2 online or studio class

before and/or after a class with the consent of each participant who is identified in your

content. Any violation of this non-recording agreement is grounds for exclusion from

participation in any Golf V2 activities. You further agree to indemnify, defend, and hold

harmless Golf V2, its officers, directors, employees, agents, and instructors, from and

against any claims, lawsuits or other actions, and all resulting loss, damage or cost of

any kind (including reasonable attorneys’ fees), resulting from your violation of this non-

recording agreement.

PERSONAL BELONGINGS: You agree that we are in no way responsible for the

safekeeping of your personal belongings while you are present in the studio. You

assume all risk of loss for any of your personal belongings.

REFUND POLICY: As applicable, classes and membership packages are non-

refundable. No exceptions.

We do not offer refunds on purchases for our services, beyond your statutory rights. We

strongly plea with you to be modest in your initial membership purchases, and to make

sure you like us, can reach the venue, and like what we do before making extravagant

purchases.

Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7

days, a store credit will be issued for up to 30 days. No returns will be provided without

a receipt.

COACHES NOT EMPLOYED BY AND/OR AFFILIATED WITH GOLF V.2 ARE NOT ALLOWED TO COACH AT OUR

FACILITIES: You acknowledge and agree that under no circumstances you will perform any coaching services for

your guests and/or members of Golf v.2

MEMBERS ARE NOT ALLOWED TO BRING OUTSIDE COACHING: You acknowledge and agree that you will not bring an

outside coach to coach/train or help you, into any Golf v.2 facility. Such breach of this point may lead to immediate

membership termination.

6. MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited

to (i) the ability to book and/or purchase Golf V2 via your mobile phone, (ii) the ability to

receive and reply to Golf V2 messages, (iii) the ability to browse Golf V2 from your

mobile phone and (in) the ability to access certain Golf V2 features through a mobile

application you have downloaded and installed on your mobile phone (collectively the

“Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s

normal messaging, data and other rates and tees will still apply. You should check with

your carrier to find out what plans are available and how much they cost. In addition,

downloading, installing, or using certain Mobile Services may be prohibited or restricted

by your carrier, and not all Mobile Services may work with all carriers or devices.

Therefore, you should check with your carrier to find out if the Mobile Services are

available for your mobile devices, and what restrictions, it any, may be applicable to

your use of such Mobile Services.

7. TERMINATION & SURVIVAL

We may terminate your access to the Services at any time, in our sole discretion,

without cause or notice. You may terminate your account or any membership that you

have purchased, at any time, for any reason, by following the instructions on the “My

Account” page or by contacting your local studio directly via phone or email. We may

terminate your account or membership at any time, without warning, if you breach the

Terms of Service. If we terminate your account or membership because you have

breached the Terms of Service, you will not be entitled to a refund of any fees or for any

unused portion of any membership packages or class packages.

The following provisions will survive termination of this Agreement: (1) Termination;

Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and

Arbitration Agreement for Users in the United States and Canada; (5) Governing Law;

(6) Indemnity; (7) Limitation of Liability.

9. ASSIGNMENT

You may not assign or transfer this Agreement (or any of your rights or obligations

under this Agreement) without prior written consent. Any attempted assignment or

transfer without complying with the foregoing will be void. When permitted under the

applicable law, we may freely assign or transfer this Agreement. This Agreement inures

to the benefit of and is binding upon the parties and their respective legal

representatives, successors, and assigns.

10.FEES

You acknowledge that Golf V2 charges fees for its services, and subject to the

applicable law, Golf V2 reserves the right to change its fees from time to time in its

discretion.

11.NON-HARASSMENT POLICY

Golf V2 disapproves of any unwelcomed, inappropriate and/or offensive conduct by its

personnel or its members. If you believe you have been subject to unwelcomed,

inappropriate, and/or offensive conduct by any Golf V2 personnel, including while

participating in a Golf V2 Group Class, at a Golf V2 studio, or any other Golf V2-related

context, we encourage you to clearly and promptly tell the person engaging in the

conduct that is unwelcomed and offensive (if you are comfortable doing so). We also

ask that you promptly notify a member of Client Experience Team at info@GolfV2.com.

When making a report or complaint, we strongly recommend that you provide as much

specific information as possible in writing, including the following regarding each alleged

incident: date, time, place (specify studio location or time/type of virtual class), names of

any witnesses, what was said or done, and any other relevant surrounding

facts/circumstances.

Golf V2 will strive to appropriately investigate any reported incidents and seek to

provide due process for all parties. Golf V2 responsive actions, however, cannot be

known in advance since they will vary depending upon the nature of the

allegations. Golf V2 strives to maintain confidentiality throughout the investigative

process to the extent practicable. However, our duty to investigate and take corrective

action as appropriate may require the disclosure of certain information, and therefore

confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the

Arbitration procedures below for users in the United States and Canada.

12.INTELLECTUAL PROPERTY RIGHTS

The content on the Site and mobile apps, including without limitation, the text, software,

scripts, graphics, photos, sounds, music, videos interactive features and the like

(“Content”) and the trademarks, service marks and logos contained therein (“Marks”),

are owned by or licensed to Golf V2, subject to copyright and other intellectual property

rights under the law. Content on the website is provided to you as is for your

information and personal use only and may not be downloaded, copied, reproduced,

distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for

any other purposes whatsoever without the prior written consent of the respective

owners. We reserve all rights not expressly granted in and to the website and the

Content. You acknowledge and agree that any questions, comments, suggestions,

ideas, feedback or other information about the website or services, provided by you to

Company are non-confidential and shall become the sole property of Golf V2.

You agree to not engage in the use, copying, or distribution of any of the Content other

than expressly permitted herein. You agree not to circumvent, disable or otherwise

interfere with security-related features of the website or features that prevent or restrict

use or copying of any Content or enforce limitations on use of the website or the

Content therein.

“Golf V2,” and the “The Future of Golf” icon and other graphics, logos, wordmarks, and

designs are trademarks of Golf V2 in the U.S. Golf V2 trademarks and trade dress may

not be used, including as part of trademarks and/or as part of domain names, in

connection with any product or service in any manner that is likely to cause confusion

and may not be copied, imitated, or used, in whole or in part, without the prior written

permission of Golf V2.

13.FEEDBACK

You may submit comments, suggestions or ideas about our Services, including ways in

which you would improve or change the Services (the “Feedback”). You agree that your

Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous,

unsolicited and without restriction, and Golf V2 does not have any fiduciary duty or other

duty as a result of receiving your Feedback. You hereby grant Golf V2 the unlimited,

perpetual right to use, copy, modify, publish, redistribute, create derivative works from

such Feedback or otherwise disseminate your Feedback for any purpose and in any

way without compensation or any obligation to you or any other third parties. Golf V2

does not waive any rights to use similar or related feedback or ideas known to Golf V2,

developed by Golf V2 employees, or obtained from other sources.

14.ENTIRE AGREEMENT & NO WAIVER

The Terms of Service, together with our Privacy Policy (collectively, the “Agreement”),

and any other legal notices published on the Services, shall constitute the entire

agreement between you and us concerning the Services, and supersedes all prior

terms, agreements, discussions and writings regarding the Services. If any provision of

the Terms of Service is found to be unenforceable, then that provision shall not affect

the validity of the remaining provisions of the Terms of Service, which shall remain in full

force and effect.

No waiver of any term of the Terms of Service shall be deemed a further or continuing

waiver of such term or any other term. Our failure to assert any right or provision under

the Terms of Service shall not constitute a waiver of such right or provision.

15.SERVICES INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for

security purposes, maintenance or repair, system failures, or other similar

circumstances (collectively, “Service Interruptions”). You acknowledge and agree that

you are not entitled to a refund or rebate related to such Service Interruptions.

16.LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN

THE UNITED STATES AND CANADA

Please Read the Following Clause Carefully – It May Significantly Affect Your

Legal Rights, Including Your Right to File a Lawsuit in Court

Initial Dispute Resolution. We are available by email at info@GolfV2.com to address

any concerns you may have regarding your use of the Services. Most concerns may be

quickly resolved in this manner. You and Golf V2 agree to use best efforts to settle any

dispute, claim, question, or disagreement directly through consultation and good faith

negotiations which shall be a precondition to either party initiating a lawsuit or

arbitration.

Agreement to Binding Arbitration. If you and Golf V2 do not reach an agreed upon

solution within a period of thirty (30) days from the time informal dispute resolution is

pursued pursuant to the immediately preceding paragraph, then either party may initiate

binding arbitration. All claims arising out of or relating to the Terms of Service (including

their formation, performance and breach, including breach of the arbitration agreement),

your use of the Services, your and our relationship and/or your use of the Services shall

be finally settled by binding arbitration administered by AAA American Arbitration

Association (“AAA”) Employment Arbitration Rules and Mediation Procedure (“AAA

Rules”) if you are in the United States or the Canadian Arbitration Association (CAA)

Consumer Arbitration Rules and Mediation Procedure (“CAA Rule”) if you are in

Canada, excluding any rules or procedures governing or permitting class actions. Each

party will have the right to use legal counsel in connection with arbitration at its own

expense. You and Golf V2 shall select a single neutral arbitrator in accordance with the

AAA Rules. The arbitrator, and not any federal, state or local court or agency, shall

have exclusive authority to resolve all disputes arising out of or relating to the

interpretation, applicability, enforceability or formation of the Terms of Service and/or

this arbitration agreement, including, but not limited to, any claim that all or any part of

this Agreement is void or voidable. The arbitrator shall be empowered to grant

whatever relief would be available in a court under law or in equity. The arbitrator’s

award shall be in writing and provide a statement of the essential findings and

conclusions, shall be binding on you and us and may be entered as a judgment in any

court of competent jurisdiction. The interpretation and enforcement this arbitration

agreement and all other agreements between you and Golf V2 shall be subject to the

Federal Arbitration Act.

The current AAA rules governing the arbitration may be accessed

at https://www.adr.org/Employment. Updated copies of the rules are available for review

from the AAA’s website (www.adr.org). If you initiate arbitration, to the extent the filing

fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Golf V2

will pay the additional cost. If Golf V2 is required to pay the additional cost of the filing

fees, you should submit a request for payment of fees to AAA along with your form for

initiating the arbitration, and Golf V2 will arrange to pay all necessary fees directly to

AAA. Golf V2 will also be responsible for paying all other arbitration costs arising in

connection with the arbitration, other than costs incurred by you for legal counsel, travel

and other out-of-pocket costs and expenses not constituting fees or amounts payable to

AAA. You will not be required to pay fees and costs incurred by us if you do not prevail

in arbitration.

You and Golf V2 understand that, absent this mandatory provision, you and Golf V2

would have the right to sue in court and have a jury trial. You and Golf V2 further

understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and Golf V2 each further agree that

any arbitration shall be conducted in our respective individual capacities only and not as

a class, collective, or representative (“Class”) action, and you and Golf V2 each

expressly waive our respective right to file a Class action or seek relief on a Class

basis. If any court or arbitrator determines that the Class action waiver set forth in this

paragraph is void or unenforceable for any reason or that an arbitration can proceed on

a Class basis, then the arbitration provision set forth above shall be deemed null and

void in its entirety and you and Golf V2 shall be deemed to have not agreed to arbitrate

disputes.

Exception – Small Claims Court Claims. Notwithstanding your and Golf V2

agreement to resolve all disputes through arbitration, either you or Golf V2 may seek

relief in a small claims court for disputes or claims within the scope of that court’s

jurisdiction.

Exception – California Private Attorneys General Act (PAGA)

Action. Notwithstanding your and Golf V2 agreement to resolve all disputes through

arbitration, either you or we may seek relief in a court of law for a claim arising under

California’s Private Attorneys General Act.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the

arbitration and Class action waiver provisions set forth above by sending written notice

of your decision to opt-out by emailing us at info@GolfV2.com and providing the

following information: (i) your name, (ii) your Golf V2 account email address; (iii) your

mailing address; (iv) a statement of your wish not to resolve disputes with Golf V2

through arbitration. The notice must be sent within thirty (30) days of your agreement to

the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with

the terms of this Section. If you opt-out of these arbitration provisions, Golf V2 also will

not be bound by them.

Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth

above do not apply or if you have opted out of arbitration, you and Golf V2 expressly

consent agree that any litigation between you and us shall be filed exclusively in state or

federal courts located in and governed by the laws of the U.S. State in which the dispute

arose (except for small claims court actions which may be brought in the county where

you reside) or, if in connection with Golf V2 At Home, the State in which the class was

taught, without giving effect to any principles of conflicts of law. In the event of litigation,

you and Golf V2 agree to waive, to the maximum extent permitted by law, any right to a

jury trial, except where a jury trial waiver is not permissible under applicable law.

17.INDEMNIFICATION

You agree to release, indemnify, and defend Golf V2 LLC and any

subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the

officers, directors, employees, agents and representatives of each (the “Golf V2

Entities”) from all third-party claims and costs (including reasonable

attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your

conduct or interactions with other users of the Services; (3) your breach of this

Agreement. We will notify you promptly of any such claim and will provide you (at your

expense) with reasonable assistance in defending the claim. You will allow us to

participate in the defense and will not settle any such claim without our prior written

consent. We reserve the right, at our own expense, to assume the exclusive defense of

any matter otherwise subject to indemnification by you. In that event, you will have no

further obligation to defend us in that matter.

18.LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF

THE GOLF V2 ENTITIES TO YOU.

• By agreeing to this Agreement, enrolling online, and/or attending classes, events,

activities, and other programs of Golf V2 (“Golf V2”), whether online or

in a Golf V2 facility or using Golf V2 equipment, and/or by using the Services,

you hereby acknowledge and agree on behalf of yourself, your heirs, personal

representatives and/or assigns (collectively, “you” and/or “yourself”), that (a)

there are certain inherent risks and dangers in the strenuous nature of the Golf

V2 workout program; (b) you have voluntarily chosen to participate in an intense

physical exercise program; (c) you understand that Golf V2 strongly recommends

that you consult with a licensed physician prior to commencing any classes; (d)

you have been fully informed of the strenuous nature of this exercise program

and the possibility of adverse physiological occurrences including, but not limited

to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume

all risk for your health and well-being, and fully release and hold harmless for any

responsibility, cost or damages the Golf V2 Entities, its instructors,

members and employees for any injury, harm or loss you may suffer, including

death, as a result of participation in any Golf V2 activities.

• If you are enrolling a minor (an individual who is not the age of majority in their

jurisdiction of residence), the above release applies equally to said minor. No

one under 15 years of age may participate. A minor 15-18 years of age may

participate only with a parent or legal guardian present.

• WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE

APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY

OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE

FOREGOING, GOLF V2 ENTITIES EXPRESSLY DISCLAIM ANY

AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE,

ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE

SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT,

NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE

OF DEALING OR TRADE USAGE.

• WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM

ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION,

PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY

THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE

QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN

CONNECTION WITH YOUR USE OF THE SERVICES.

• YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLF

V2 ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY

THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE

THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLF V2 ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES,

LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR

LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY

WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE

SERVICES.

• YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO

CEASE USE OF THE SERVICES.

• WITHOUT LIMITING THE FOREGOING, GOLF V2 ENTITIES’

MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES

THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO

THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE

TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

• SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED

WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF

DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS

MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

19.COVID-19 PANDEMIC LIMITATION OF LIABILITY

Golf V2 takes the COVID-19 pandemic very seriously and has put in place preventative

measures to help reduce the spread of COVID-19; however, Golf V2 cannot guarantee

that you, your family, or your guests will not become infected with COVID-19. It is

possible that attending classes, events and activities at Golf V2 may place you in close

physical contact with other members, attendees and staff and could increase the risk

that you, your family members, and/or your guests contract COVID-19. You

acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that

you, your family members and/or your guests may be exposed to or infected by COVID-

19 at Golf V2 studios and that such exposure or infection could result in personal injury,

illness, permanent disability, and death. You understand that the risk of becoming

exposed to or infected by COVID-19 at Golf V2 may result from the actions, omissions,

or negligence of yourself or others, including, but not limited to, Golf V2 employees,

members, and attendees.

By agreeing to these Terms, enrolling online, and/or attending classes, events,

activities, and other programs of Golf V2, whether in a Golf V2 facility or using Golf V2

equipment, to the extent allowed by applicable law, you voluntarily agree, on behalf of

yourself, your heirs, personal representatives and/or assigns, and any minor child you

may enroll: (a) to assume all of the foregoing risks related to COVID-19, and accept

sole responsibility for any COVID-19-related injury, illness, damage, loss, claim, liability,

or expense, of any kind (including, but not limited to, personal injury, disability, and

death) that may occur to you or your family members in connection with attendance at

Golf V2 or as a result of participation in Golf V2 programs (“Claims”); and (b) covenant

not to sue, Golf V2 its instructors, clients, and employees, from the Claims, including all

liabilities, claims, actions, damages, costs or expenses of any kind arising out of or

relating thereto, based on the actions, omissions, or negligence of Golf V2, its

instructors, members, and employees, whether a COVID-19 infection occurs before,

during, or after attending Golf V2 studio facilities or participating in any Golf V2

program. Some states do not allow waiver of certain types of risks, so the above

limitations may not all apply to you.

20.SEVERABILITY AND WAIVER

A failure to exercise or enforce any right or provision of the Terms of Service shall not

constitute a waiver of such right or provision. If any provision of the Agreement is found

by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable

then that provision shall be deemed severable from this Agreement and shall not affect

the validity and enforceability of any of the remaining provisions.

21.NOTIFICATIONS

We may provide notifications to you as required or permitted by law via email to the

primary email address associated with your account, mobile notification, hard copy or

posting of such notice on our Services. Golf V2 is not responsible for any automatic

filtering that you or your network provider may apply to such notifications.

22.INTERPRETATION

In construing or interpreting the Terms of Service, headings are for convenience only,

and not to be considered.

23.CONTACTING US

If you have any questions about the Terms of Service in relation to the Services, the

Site, or App(s), please contact us at: info@GolfV2.com