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