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Terms of Use

1. Acceptance of Terms

These Customer Terms of Use (“Terms”) govern entry into and use of Fairways & Mulligans Golf Lounge LLC (“Fairways & Mulligans,” “Company,” “we,” “us,” or “our”), including golf simulator bays, dart simulators, common areas, food and beverage areas, events, leagues, memberships, reservations, online booking services, website services, and related activities.

By entering the venue, making a reservation, purchasing services, participating in an activity, creating an account, or affirmatively accepting these Terms electronically or in writing, you agree to comply with these Terms and all posted venue rules. If you do not agree, do not use the Company’s services or facilities.

These Terms are intended to be understandable and plainly written. Pennsylvania’s Plain Language Consumer Contract Act requires covered consumer contracts to be written, organized and designed so they are easy to read and understand.

2. Relationship to Other Policies

These Terms supplement, and do not replace, the Company’s separate Customer Waiver and Release, Privacy Policy, Bay Booking Cancellation Policy, membership terms, event agreements, posted safety rules, and other written policies. If a specific agreement addresses a subject in greater detail, that agreement controls that subject to the extent permitted by law.

Nothing in these Terms is intended to waive a right or remedy that cannot legally be waived.

3. Eligibility, Minors and Guests

• Customers must provide accurate information when making reservations, purchases, memberships or accounts.
• Minors may use the venue only as permitted by Company rules and applicable law and may be required to have a parent or legal guardian present or provide required authorization.
• An adult who makes a reservation or brings guests is responsible for communicating applicable venue rules to those guests.
• The Company may require identification or other reasonable verification for reservations, memberships, age-restricted services, payments, or safety purposes.

4. Reservations and Bay Use

• Reservations are subject to availability and are not guaranteed until confirmed through the Company’s designated booking system or staff.
• Customers must arrive on time and use only the bay or area assigned to them.
• Bay time includes setup, check-in and transition time if stated in the booking system or communicated by staff.
• Customers may not exceed the booked time without staff approval and payment of any applicable additional charges.
• Customers may not transfer, resell or commercially exploit a reservation without written Company approval.
• The Company may move a reservation to a comparable bay or substitute equipment when reasonably necessary for operations, maintenance or safety.

5. Cancellation, No-Show and Late Cancellation

The Company’s separate Bay Booking Cancellation Policy applies to cancellations and no-shows. Unless a written booking confirmation states otherwise, cancellations made less than 24 hours before the scheduled bay booking are subject to a $25 late-cancellation fee per affected bay.

The Company may also charge applicable fees for no-shows or other expressly disclosed booking obligations. Customers should review the cancellation policy before booking.

Any cancellation fee will be disclosed in the applicable booking terms and will not be increased except as permitted by the applicable agreement and law.

6. Simulator and Equipment Rules

• Use simulator equipment only as instructed by staff and posted rules.
• Do not strike floors, walls, screens, projectors, sensors, tracking equipment, furniture or other property with clubs, balls, darts or other objects.
• Use only approved golf balls, clubs, darts and accessories in designated areas.
• Do not intentionally hit a ball or throw a dart toward another person, doorway, window, screen, equipment area or other unauthorized location.
• Do not alter, unplug, move, recalibrate, repair or tamper with Company equipment.
• Report damaged, malfunctioning or unsafe equipment immediately.
• Customers may be charged for damage caused by intentional misconduct, misuse, violation of posted rules, or negligence, to the extent permitted by law.

7. Safety Rules and Conduct

• Customers must follow all reasonable instructions from Company employees.
• No fighting, threats, harassment, intimidation, disorderly conduct, or abusive behavior is permitted.
• Running, horseplay, unsafe swinging, unsafe throwing, or other dangerous conduct is prohibited.
• Customers must remain in designated areas while equipment is being used.
• Children must be supervised according to Company rules.
• Customers may not interfere with another customer’s reservation or activity.
• The Company may stop an activity or require a customer to leave when reasonably necessary for safety, security, rule enforcement, or protection of people/property.

8. Alcohol and Impairment

If alcoholic beverages are offered or permitted, customers must comply with all applicable laws and Company alcohol-service rules. The Company may refuse service or require a person to stop participating when staff reasonably believe the person is intoxicated or is creating a safety risk.

A person who is impaired must not operate equipment or participate in an activity in a manner that creates a safety risk. Customers remain responsible for their conduct and transportation decisions.

9. Food, Beverages and Personal Property

• Customers are responsible for complying with posted food and beverage rules.
• Outside food or beverages may be restricted unless expressly permitted.
• Customers are responsible for their personal property. The Company is not an insurer of customer property and is not responsible for loss or theft except to the extent caused by the Company’s legally actionable conduct.
• Any lost property should be reported to staff promptly.

10. Damage to Company Property

Customers are responsible for damage to Company property caused by their intentional misconduct, misuse, or negligence, to the extent permitted by law. The Company may seek reasonable repair or replacement costs supported by documentation.

The Company will not use these Terms to impose a charge that was not disclosed or otherwise authorized by the applicable agreement or law.

11. Photography, Video and Intellectual Property

Customers may photograph or record their own activities for personal use, provided they do not interfere with other guests, violate another person’s privacy, or disrupt operations.

Customers may not commercially record, livestream, reproduce, distribute or exploit Company-owned content, logos, branding, proprietary simulator content, software interfaces, training materials, or other intellectual property without written permission.

Separate photo/video consent should be obtained when the Company intends to use an identifiable customer’s image for promotional purposes, where required by applicable law.

12. Website, Online Booking and Accounts

• Users must provide accurate account and booking information.
• Users are responsible for protecting account credentials and for activity occurring through their accounts, except where caused by the Company’s failure to use reasonable security measures or other legally actionable conduct.
• Users may not attempt to gain unauthorized access to Company systems or interfere with the website, booking system, Wi-Fi, payment system, simulator network, or other technology.
• Users may not use automated tools, scraping, bots, or other mechanisms to manipulate availability or interfere with booking operations.
• The Company may suspend or terminate an account for material violations of these Terms, fraud, abuse, or security concerns, subject to applicable law.

13. Payments and Charges

Customers agree to pay the prices, taxes, fees and other charges disclosed at the time of purchase or booking. Prices may change for future bookings unless a price has already been confirmed.

The Company may use third-party payment processors. Customers authorize the Company and its payment processor to process authorized charges in accordance with the applicable transaction.

The Company will not knowingly misrepresent prices, discounts, services, fees, or material terms. Pennsylvania’s Unfair Trade Practices and Consumer Protection Law prohibits specified unfair or deceptive acts and practices in consumer transactions.

14. Refunds, Credits and Service Interruptions

Refunds, credits and cancellations are governed by the applicable booking, event or membership terms.

If equipment becomes unavailable because of a material malfunction or operational issue, the Company may, where reasonably possible, offer a comparable replacement, rescheduling option, credit, or refund for the affected unused service, subject to the applicable booking terms.

The Company does not guarantee uninterrupted availability of any particular simulator, bay, software title, game mode, equipment or technology.

15. Right to Refuse Service and Remove Customers

To protect customers, employees and property, the Company may refuse service or require a person to leave when reasonably necessary because of unsafe conduct, violence or threats, harassment, intoxication, suspected fraud, significant rule violations, property damage, unauthorized access, or other legitimate safety or operational concerns.

Any enforcement will be carried out in accordance with applicable law and without unlawful discrimination.

16. Assumption of Operational Risks

Golf swings, flying golf balls, clubs, darts, equipment, moving objects, uneven surfaces, other participants, and ordinary venue activities can involve risks. Customers acknowledge that they must follow safety instructions and use equipment responsibly.

This Terms document does not replace the Company’s separate liability waiver/release. Customers may be required to execute that waiver before participating in activities.

17. Indemnification

To the maximum extent permitted by law, a customer agrees to indemnify and hold harmless Fairways & Mulligans Golf Lounge LLC and its owners, officers, employees and agents from third-party claims, damages, losses and reasonable costs arising from the customer’s intentional misconduct, unlawful conduct, or material violation of these Terms, except to the extent caused by the Company’s own negligence, willful misconduct, or other conduct for which liability cannot lawfully be shifted.

This provision does not require a customer to indemnify the Company for matters that applicable law prohibits from being shifted to the customer.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Fairways & Mulligans will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages arising from a customer’s use of the venue or services, except where such limitation is prohibited by law.

Nothing in these Terms limits liability that cannot legally be limited, including liability arising from conduct for which Pennsylvania law prohibits contractual limitation.

Any limitation of liability should be interpreted consistently with the Company’s separate waiver/release and applicable law.

19. Disputes and Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules, except to the extent another law is required to apply.

Before filing a formal claim, the customer and Company are encouraged to attempt in good faith to resolve the matter through customer service or management. Nothing in this provision prevents a customer from exercising a non-waivable statutory right or contacting a governmental agency.

Any venue or jurisdiction provision used in a final version should be reviewed by Pennsylvania counsel before deployment, particularly for consumer transactions.

20. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or removed only to the extent necessary, and the remaining provisions will remain effective to the maximum extent permitted by law.

21. No Waiver

A failure by the Company to enforce a provision on one occasion does not waive its right to enforce that provision later. No waiver is effective unless made by an authorized Company representative.

22. Changes to Terms

The Company may update these Terms from time to time to reflect changes in services, technology, operations or law. Updated Terms should identify an effective date. Material changes should be communicated through reasonable means where appropriate.

The Terms applicable to a particular transaction are generally the version provided or made available at the time of that transaction, subject to applicable law.

23. Electronic Acceptance

Customers may accept these Terms electronically through a booking system, website, kiosk, tablet, mobile device, electronic signature platform, or other electronic process. Pennsylvania has adopted the Uniform Electronic Transactions Act, which recognizes electronic transactions and electronic signatures under specified conditions.

The Company should retain an electronic record showing the version of the Terms presented, the customer’s affirmative acceptance, the date/time of acceptance, and the applicable booking or account identifier.

24. Customer Acknowledgment

By signing below, checking an electronic acknowledgment box, or otherwise affirmatively accepting these Terms, I acknowledge that I have had an opportunity to read and understand them. I agree to follow the Company’s reasonable rules and instructions and understand that separate documents, including the Customer Waiver and Release, Privacy Policy, and Cancellation Policy, may also apply.

I understand that these Terms do not waive any right or protection that cannot lawfully be waived.