Terms and Conditions
RIHP IT GOLF
MEMBERSHIP TERMS & CONDITIONS
Sellersburg, Indiana
Effective Date: June 2026
Version 1.0
1. Introduction and Acceptance of Terms
These Membership Terms and Conditions ("Agreement") govern the relationship between RIHP IT Golf ("Company," "we," "us," or "our") and any individual who purchases a membership, creates an account, or uses the facilities and services of RIHP IT Golf, located in Sellersburg, Indiana ("Member," "you," or "your").
By creating an account, purchasing a membership, or using the Company's facilities, you affirm that you are at least eighteen (18) years of age, and you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you are under eighteen (18) years of age, a parent or legal guardian must affirm and acknowledge the same on your behalf. If you do not agree to these terms, you may not use our facilities or services.
This Agreement constitutes a legally binding contract between you and RIHP IT Golf. We recommend that you retain a copy of this Agreement for your records.
2. Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
Company
RIHP IT Golf, an indoor golf simulator club located in Sellersburg, Indiana.
Member
Any individual who has purchased an active membership plan with RIHP IT Golf.
Walk-Up Guest
Any individual who uses the facility without a membership, paying walk-up rates as defined in Section 3.2.
Walk-Up Rate
The published per-hour bay rate charged to Walk-Up Guests, as set out in Section 3.2. Off-Peak Members who book Peak Hours pay a 20% discount off the applicable Walk-Up Rate. All-Access Solo Members who book Group Bays pay a 20% discount off the applicable Group Bay Walk-Up Rate.
Bay
A designated golf simulator space within the facility, either a Solo Bay or Group Bay.
Solo Bay
A simulator bay with a maximum occupancy of 2 players.
Group Bay
A simulator bay with a maximum occupancy of 4 players.
Off-Peak Hours
Monday through Friday, 12:00 AM to 4:00 PM; Saturday and Sunday, 12:00 AM to 10:00 AM.
Peak Hours
Monday through Friday, 4:00 PM to 12:00 AM; Saturday and Sunday, 10:00 AM to 12:00 AM.
Session
A single booked period of bay use, not to exceed 2 hours per booking.
No-Show
A booked session for which the Member does not appear and which was not cancelled at least 2 hours prior to the scheduled start time.
Household Member
An individual residing at the same primary residence as the Member, added to the membership as a named add-on participant.
Booking Window
The maximum number of days in advance a Member may book a bay session.
Buffer Period
The mandatory 1-hour waiting period before a Member may rebook the same bay following a completed session.
3. Membership Plans and Pricing
3.1 Available Membership Tiers
RIHP IT Golf offers the following membership plans, subject to change with appropriate notice as outlined in Section 15. Each membership tier includes unlimited access to designated bay types during Off-Peak Hours. Bookings outside of the Member's included category (i.e., Peak Hours for Off-Peak Members, or Group Bays for All-Access Solo Members) are available at a 20% discount off the applicable Walk-Up Rate, as defined in Section 2 and Section 3.2.
Plan
Monthly Fee
Bay Access
Advance Booking
Active Reservations
Off-Peak Solo
$47/mo
Solo bays only
5 days
2
Off-Peak All Bay
$97/mo
Solo and group bays
5 days
2
All-Access Solo
$147/mo
Solo bays (unlimited)
7 days
2
All-Access All Bay
$197/mo
Solo and group bays (unlimited)
7 days
2
3.2 Walk-Up Access
Individuals may access the facility without a membership by paying walk-up rates. Walk-up guests may book bay sessions up to 24 hours in advance. Walk-up access does not include any membership benefits, discounts, or priority booking privileges.
Walk-Up Bay Rates:
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Solo Bay: $15.00 per hour during Off-Peak Hours; $30.00 per hour during Peak Hours.
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Group Bay: $20.00 per hour during Off-Peak Hours; $40.00 per hour during Peak Hours.
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Guest fee for Walk-Up Guests: $15.00 per additional guest per session.
3.3 Peak Hour Discount for Off-Peak Members
Members holding Off-Peak Solo or Off-Peak All Bay memberships may book sessions during Peak Hours at a 20% discount off the applicable Walk-Up Rate. This discount is applied automatically at time of booking and is non-transferable.
3.4 Group Bay Access for All-Access Solo Members
Members holding the All-Access Solo membership may access Group Bays at a 20% discount off the applicable Walk-Up Group Bay Rate. Solo Bay access remains unlimited and included in the membership at no additional charge.
4. Billing, Payment, and Cancellation
4.1 Billing Cycle
Membership fees are billed on a monthly basis on the date of original enrollment. Membership fees are charged in advance for the upcoming billing period. All fees are non-refundable except as expressly stated in this Agreement.
4.2 Payment Method
Members must maintain a valid payment method on file at all times. RIHP IT Golf accepts all major credit and debit cards (Visa, Mastercard, American Express, and Discover), as well as Apple Pay and Google Pay. By enrolling in a membership, you authorize RIHP IT Golf to charge your payment method on file each billing cycle. It is the Member's responsibility to ensure that payment information is current and accurate.
4.3 Failed Payments
If a payment fails, RIHP IT Golf will attempt to process the payment two (2) additional times over a period of seven (7) days. If payment is not successfully processed after three (3) total attempts, membership access will be suspended until the outstanding balance is resolved. RIHP IT Golf reserves the right to terminate the membership of any Member with an account balance outstanding for more than fourteen (14) days.
4.4 Price Changes
RIHP IT Golf reserves the right to adjust membership pricing at any time. Members will be provided with a minimum of thirty (30) days' written notice of any price increase. Continued use of the membership following the effective date of a price change constitutes acceptance of the new pricing.
4.5 Membership Cancellation
Members may cancel their membership at any time by providing written notice before the next billing cycle. Cancellations submitted after the billing date will take effect at the end of the current billing period. No partial refunds will be issued for unused days in a billing cycle.
To cancel, Members must submit a written cancellation request via email to the address on file for RIHP IT Golf management, or through the cancellation function in their account on the booking platform.
4.6 Refunds
Membership fees are non-refundable except in the following circumstances:
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RIHP IT Golf permanently closes the facility with less than thirty (30) days' notice.
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RIHP IT Golf terminates the membership without cause.
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A documented medical condition prevents the Member from using the facility for the remainder of a prepaid billing period, subject to provision of supporting documentation within fourteen (14) days of the onset of the condition.
5. Bay Booking and Reservations
5.1 Booking System
All bay reservations must be made through the RIHP IT Golf booking platform (currently OpenCourt or such other platform as designated by the Company). Members are responsible for creating and maintaining an account on the booking platform and for ensuring all reservation details are accurate.
5.2 Advance Booking Windows
Bay reservations may be made within the following advance booking windows:
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Walk-Up Guests: within 24 hours of the desired session start time.
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Off-Peak Solo ($47/mo): up to 5 days in advance.
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Off-Peak All Bay ($97/mo): up to 5 days in advance.
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All-Access Solo ($147/mo): up to 7 days in advance.
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All-Access All Bay ($197/mo): up to 7 days in advance.
5.3 Active Reservation Limits
Members may hold the following number of active (upcoming) reservations at any given time:
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Off-Peak Solo: 2 active reservations.
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Off-Peak All Bay: 2 active reservations.
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All-Access Solo: 2 active reservations.
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All-Access All Bay: 2 active reservations.
Active reservation limits apply at all times and cannot be circumvented through the booking of guest sessions or Household Member add-ons. RIHP IT Golf has sole judgment to cancel any reservations that do not comply with these limits or any other provision of this Agreement.
5.4 Session Duration
Each booking is limited to a maximum of two (2) hours per session. If a Member wishes to continue using a bay beyond their booked session, they may submit a new reservation request for the same bay subject to availability at that time, provided that no other booking exists for that bay and the applicable Buffer Period under Section 5.7 has been observed. Session duration limits apply regardless of membership tier.
5.5 Bay Access Restrictions
Solo Bay access: Members holding Off-Peak Solo or All-Access Solo memberships may only access Solo Bays. Access to Group Bays requires an Off-Peak All Bay or All-Access All Bay membership, subject to the applicable discount described in Section 3.4.
Off-Peak access restrictions: Members holding Off-Peak Solo or Off-Peak All Bay memberships may only book sessions during Off-Peak Hours at the included membership rate. Bookings during Peak Hours are available at a 20% discount off the applicable Walk-Up Rate as described in Section 3.3.
5.6 Time Slot Boundaries — No Crossover Bookings
All bookings must begin and end within the same time slot (Off-Peak or Peak). No booking may cross the boundary between Off-Peak and Peak Hours. For example, a Member may not book a session beginning at 3:30 PM on a weekday, as such a session would cross the 4:00 PM Off-Peak/Peak boundary. Sessions must be scheduled entirely within one time slot.
5.7 Same-Bay Buffer Period
A mandatory one (1) hour buffer period applies between any two separate bookings on the same bay by the same Member or Household Member. This means that after a Member's session ends on a given bay, that Member must wait a minimum of one (1) hour before a new booking on that same bay may begin. This buffer is intended to ensure fair access to bays for all Members and Walk-Up Guests and applies regardless of whether the preceding session was fully utilized. The Buffer Period is distinct from the extension request process described in Section 5.4, which governs continuation of an existing session where no other booking exists.
5.8 Back-to-Back Bay Prohibition
Members may not book the same bay for immediately consecutive sessions where the second booking begins at the moment the first session ends with no interval between them. A minimum of one (1) hour must elapse between the end of one session and the start of the next on the same bay under the same Member account. This provision operates in conjunction with Section 5.7 and both require the same one-hour minimum interval; the provisions are stated separately for clarity.
6. Cancellation Policy and No-Show Policy
6.1 Cancellation by Member or Walk-Up Guest
Any booking may be cancelled at any time up to two (2) hours before the scheduled session start time.
For Walk-Up Guests: cancellations made at least two (2) hours before the scheduled start time will receive a full refund of session fees paid at time of booking. Cancellations made less than two (2) hours before the scheduled session start time are not eligible for a refund.
For Members: off-peak memberships do not involve per-session fees for bookings within the Member's included category. Where a Member has paid a discounted Peak Hour or Group Bay rate at time of booking, the following applies: cancellations made at least two (2) hours before the scheduled start time will receive a full refund of any such session fees paid. Cancellations made less than two (2) hours before the scheduled start time are not eligible for a refund of session fees. Membership cancellation terms are governed by Section 4.5 and Section 4.6.
6.2 Definition of No-Show
A "No-Show" is defined as any of the following:
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A Member or Walk-Up Guest who fails to appear for a booked session without cancelling in advance.
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A cancellation made less than two (2) hours before the scheduled session start time.
No-Shows are tracked on a rolling calendar-month basis.
6.3 No-Show Consequences for Members
RIHP IT Golf takes No-Shows seriously, as they prevent other Members and Walk-Up Guests from accessing available bays. The following consequences apply:
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First or second No-Show in a calendar month: written notice issued to the Member's account.
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Third No-Show within a calendar month: RIHP IT Golf reserves the right to terminate the Member's membership immediately and without refund of any prepaid fees.
RIHP IT Golf may, at its sole discretion, consider extenuating circumstances when evaluating No-Show violations. Members wishing to dispute a No-Show designation should contact RIHP IT Golf management within 48 hours of the missed session.
6.4 Cancellation by RIHP IT Golf
RIHP IT Golf reserves the right to cancel or reschedule any booked session due to facility maintenance, equipment malfunction, force majeure events, or other circumstances beyond the Company's reasonable control. In the event of a Company-initiated cancellation, affected Members and Walk-Up Guests will be notified as soon as practicable and will receive a full refund of any session fees paid or, at the Member's election, a credit toward a future booking.
7. Guest Policy
7.1 Guest Fees
Members may bring guests to the facility subject to the following guest fee structure:
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Members (all tiers): $10.00 per guest per session.
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Walk-Up Guests bringing additional guests: $15.00 per guest per session.
Guest fees are charged at the time of booking and are non-refundable except in accordance with the cancellation policy in Section 6.
7.2 Guest Requirements
All guests, regardless of whether they are accompanied by a Member or are Walk-Up Guests, must:
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Have a registered account on the RIHP IT Golf booking platform prior to entering the facility.
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Have a signed waiver on file with RIHP IT Golf prior to using any bay or equipment.
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Be accompanied by the booking Member for the entirety of the session.
Membership is available to individuals aged 18 years or older. Guests under the age of 18 must have a waiver signed by a parent or legal guardian prior to entering the facility. Guests under the age of 16 must be accompanied by an adult Member or adult Walk-Up Guest at all times while on the premises. Guests aged 16 or older may use the facility without adult supervision.
7.3 Member Responsibility for Guests
The Member who books the session is solely responsible for the conduct of all guests during the session. This includes but is not limited to compliance with facility rules, equipment care, and adherence to session time limits. Any No-Show attributed to a guest session will be counted against the booking Member's account.
7.4 Bay Occupancy Limits
Bay occupancy limits must be strictly observed at all times:
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Solo Bay: maximum 2 persons total, including the Member.
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Group Bay: maximum 4 persons total, including the Member.
Members may not exceed bay occupancy limits regardless of the number of guests accompanying them.
8. Household Member Add-On
8.1 Eligibility
Members may add Household Members to their membership for an additional fee. A Household Member must reside at the same primary residence as the primary Member. By adding a Household Member, the primary Member certifies that the individual resides at the same address. RIHP IT Golf reserves the right to request verification of shared residency at any time.
8.2 Pricing and Limits
The Household Member add-on is priced at $35.00 per month per named Household Member, billed alongside the base membership. The number of Household Members that may be added varies by membership tier:
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Off-Peak Solo ($47/mo): up to 1 Household Member.
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Off-Peak All Bay ($97/mo): up to 3 Household Members.
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All-Access Solo ($147/mo): up to 1 Household Member.
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All-Access All Bay ($197/mo): up to 3 Household Members.
8.3 Household Member Access Rights
Each Household Member added to a membership receives the same bay access rights as the primary Member's base membership tier. Household Members are subject to all terms and conditions of this Agreement, including but not limited to booking rules, cancellation policies, no-show policies, and facility rules.
8.4 Account Structure
Household Members are identified as named individuals on the primary Member's account. Household Member identities are established at the time of addition and may not be changed or substituted at a later date. The primary Member is responsible for the conduct of all Household Members on the account.
8.5 Cancellation of Household Member Add-On
The Household Member add-on may be cancelled at any time by the primary Member by providing written notice before the next billing cycle. Cancellation of the Household Member add-on does not affect the primary Member's base membership.
9. Facility Rules and Member Conduct
9.1 General Conduct
All Members, Household Members, and guests are expected to conduct themselves in a respectful and responsible manner at all times while on the premises. RIHP IT Golf reserves the right to remove any individual from the facility and to terminate any membership for conduct that, in RIHP IT Golf's sole judgment, is disruptive, abusive, threatening, or otherwise inappropriate.
9.2 Equipment Use
Members and guests are expected to use all simulator equipment, bays, and facility fixtures in a reasonable and appropriate manner. Members are responsible for any damage to equipment caused by their own negligence or misuse, or by the negligence or misuse of their guests. RIHP IT Golf may bill the responsible Member for the cost of repair or replacement of damaged equipment.
9.3 Alcohol and Substances
Outside alcoholic beverages are not permitted on the premises. RIHP IT Golf does not currently hold an Indiana alcohol permit; accordingly, no alcoholic beverages may be consumed within the facility. Any individual who appears to be intoxicated or under the influence of alcohol or controlled substances will be refused access to the facility and may be asked to leave. RIHP IT Golf reserves the right to revoke the membership of any Member who violates this policy.
9.4 Age Restrictions
Membership is available to individuals aged 18 years or older. Guests under the age of 16 must be accompanied by an adult Member or adult Walk-Up Guest at all times while on the premises. Guests aged 16 or older may use the facility without adult supervision. All guests under the age of 18 must have a signed parental waiver on file before entering the facility. RIHP IT Golf reserves the right to request proof of age from any individual whose age is uncertain.
9.5 Dress Code and Footwear
Members and guests are required to wear appropriate, closed-toe athletic footwear at all times while using simulator bays. Sandals, flip-flops, and bare feet are not permitted within simulator bays. Clothing with sharp hardware, studs, or embellishments that could damage equipment or seating is not permitted. RIHP IT Golf reserves the right to refuse access to any individual not meeting these requirements.
9.6 Personal Property
RIHP IT Golf is not responsible for the loss, theft, or damage of any personal property brought onto the premises. Members and guests bring personal belongings, including golf clubs and equipment, at their own risk.
9.7 Photography and Recording
Members and guests consent to being photographed or recorded while on the premises for the purposes of security monitoring. Members and guests who wish to record video or take photographs within the facility for personal or commercial use must obtain prior written consent from RIHP IT Golf management.
10. Waiver, Release of Liability, and Assumption of Risk
10.1 Assumption of Risk
Participation in golf simulation activities involves inherent physical risks, including but not limited to muscle strain, joint injury, and other physical conditions arising from the use of golf equipment. By using the facility, each Member and guest voluntarily assumes all risks associated with participation in golf simulator activities.
10.2 Waiver Requirement
All Members, Household Members, and guests are required to complete and sign a waiver and release of liability form before accessing any bay or using any facility equipment. No individual will be permitted to use the facility without a signed waiver on file. For any individual under the age of 18, the waiver must be executed by a parent or legal guardian on their behalf prior to the minor accessing the facility.
Digital execution of the waiver through the booking platform constitutes a valid and binding signature under Indiana's Uniform Electronic Transactions Act (IC 26-2-8). Acceptance of the waiver is also implied through use of the facility. Members and guests are responsible for ensuring their waiver remains current and on file.
10.3 Release of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, each Member, Household Member, and guest, on behalf of themselves and their heirs, personal representatives, and assigns, hereby releases, waives, discharges, and covenants not to sue RIHP IT Golf, its owners, officers, employees, contractors, and agents (collectively, "Released Parties") from any and all claims, demands, losses, damages, costs, and expenses of any nature whatsoever — including claims arising from the Released Parties' own negligence — arising out of or in connection with: (a) the use of the facility, simulator equipment, or bays; (b) the actions or omissions of other Members, guests, or third parties on the premises; or (c) any defect in or malfunction of equipment. This release of liability applies to all claims whether based in contract, tort, negligence, strict liability, or any other legal theory.
10.4 Indemnification
Each Member agrees to indemnify, defend, and hold harmless RIHP IT Golf, its owners, officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Member's use of the facility; (b) the conduct of the Member's guests or Household Members while on the premises; or (c) the Member's breach of this Agreement. This indemnification obligation shall survive the termination of this Agreement.
11. Privacy and Data Collection
11.1 Information Collected
RIHP IT Golf collects personal information from Members and guests, including but not limited to name, address, email address, phone number, and payment information. This information is collected through the booking platform and during the account creation process.
11.2 Use of Information
Personal information collected by RIHP IT Golf is used for the purposes of: (a) processing membership enrollment and billing; (b) managing reservations and facility access; (c) communicating with Members regarding their account, bookings, and facility updates; and (d) complying with applicable legal obligations.
11.3 Data Security
RIHP IT Golf takes reasonable measures to protect the security of Member personal information. Payment information is processed through OpenCourt's integrated payment processing system and is subject to that provider's security and privacy practices. RIHP IT Golf does not store full payment card information on its own systems.
11.4 Third-Party Sharing
RIHP IT Golf does not sell or rent Member personal information to third parties. Personal information may be shared with third-party service providers — including OpenCourt as the booking platform operator — to the extent necessary to provide services to Members. RIHP IT Golf may also disclose personal information where required by law, legal process, or governmental request.
11.5 Security Footage
The facility is monitored by security cameras for the safety and security of Members, guests, and staff. Security footage is retained for a period of thirty (30) days and may be reviewed in connection with incidents, disputes, property damage claims, or compliance with law enforcement requests. Members and guests consent to this monitoring by using the facility.
12. Membership Suspension and Termination
12.1 Termination by Member
Members may terminate this Agreement at any time by providing written notice as described in Section 4.5. Termination by the Member does not entitle the Member to a refund of any prepaid membership fees except as expressly provided in Section 4.6.
12.2 Termination by RIHP IT Golf
RIHP IT Golf reserves the right to suspend or terminate any membership immediately and without prior notice for any of the following reasons:
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Three (3) or more No-Shows within a calendar month.
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Violation of facility rules or this Agreement.
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Conduct that is abusive, threatening, or harmful to staff, other Members, or guests.
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Damage to facility equipment caused by Member negligence or misuse.
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Failure to maintain a valid payment method or to satisfy outstanding account balances.
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Misrepresentation of Household Member residency.
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Any other conduct that RIHP IT Golf, in its sole discretion, determines to be incompatible with a safe and welcoming facility environment.
In the event of termination by RIHP IT Golf for cause, no refund of prepaid fees will be issued. In the event of termination by RIHP IT Golf without cause, any prepaid fees for unused days in the current billing period will be refunded on a pro-rated basis.
12.3 Membership Suspension
RIHP IT Golf may suspend a membership rather than terminate it, at its discretion, pending investigation of a potential policy violation. During a suspension, the Member's booking privileges are temporarily revoked. Suspended Members will be notified of the reason for suspension and the expected timeline for resolution.
12.4 Appeals
Members who believe their membership has been suspended or terminated in error may submit a written appeal to RIHP IT Golf management within seven (7) calendar days of the suspension or termination notice. RIHP IT Golf will review the appeal and provide a written response within fourteen (14) calendar days. RIHP IT Golf's decision on appeal is final.
13. Facility Operations and Availability
13.1 Hours of Operation
RIHP IT Golf operates 24 hours a day, 7 days a week. Bay access outside of staffed hours is available to Members via the app-based door access system integrated with the booking platform. Hours of operation or staffed hours are subject to change. Members will be provided with reasonable advance notice of any permanent change in operating hours.
13.2 Facility Closure
RIHP IT Golf may temporarily close the facility or restrict access to portions of the facility for maintenance, repairs, private events, or other operational needs. The Company will endeavor to provide at least 24 hours' advance notice of planned closures through the booking platform or by email. RIHP IT Golf is not obligated to provide refunds or credits for temporary closures of 24 hours or less. For closures exceeding 24 hours, affected Members will receive a pro-rated account credit for the period of closure.
13.3 Equipment Maintenance
Individual bays or simulator equipment may be temporarily unavailable due to maintenance or technical issues. RIHP IT Golf will use commercially reasonable efforts to restore equipment availability promptly. Members who have booked a specific bay that becomes unavailable will be notified as soon as practicable and offered a rebooking or, where applicable, a session credit.
13.4 Force Majeure
RIHP IT Golf shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, power outages, or other force majeure events. In the event of an extended closure due to force majeure, RIHP IT Golf will communicate with Members regarding credit or refund options on a case-by-case basis.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIHP IT Golf, ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE FACILITY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND REGARDLESS OF THE THEORY OF LIABILITY.
IN NO EVENT SHALL RIHP IT Golf'S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE FACILITY EXCEED THE TOTAL MEMBERSHIP FEES PAID BY THAT MEMBER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by applicable law.
15. Modifications to this Agreement
RIHP IT Golf reserves the right to modify this Agreement at any time. In the event of a material modification, Members will be provided with a minimum of thirty (30) days' written notice via email or through the booking platform. Non-material modifications (including but not limited to corrections of typographical errors or clarifications that do not alter Member rights) may be made at any time without prior notice.
Continued use of the membership or facility after the effective date of any modification constitutes the Member's acceptance of the modified Agreement. Members who do not agree to a modification may cancel their membership in accordance with Section 4.5 before the modification takes effect.
16. Governing Law and Dispute Resolution
16.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.
16.2 Mandatory Binding Arbitration
ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF RIHP IT Golf'S FACILITIES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION. By entering into this Agreement, you expressly waive your right to a trial by jury or judge and your right to bring any such dispute in court. Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org, and shall be conducted in Clark County, Indiana. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.3 Venue
For any matter not subject to arbitration under Section 16.2, the parties agree that exclusive jurisdiction and venue shall lie in the state courts of Clark County, Indiana, or the United States District Court for the Southern District of Indiana, as appropriate. Each party waives any objection to personal jurisdiction or venue in such courts.
16.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. All disputes must be brought in the parties' individual capacities and not as plaintiffs or class members in any purported class or representative proceeding. The arbitrator has no authority to consolidate claims or preside over any class or representative proceeding.
17. General Provisions
17.1 Entire Agreement
This Agreement, together with the signed liability waiver and any applicable booking platform terms of service, constitutes the entire agreement between the Member and RIHP IT Golf with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings.
17.2 Severability
If any provision of this Agreement is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from this Agreement. The remaining provisions of this Agreement shall continue in full force and effect.
17.3 Waiver
No waiver by RIHP IT Golf of any breach of this Agreement shall be deemed a waiver of any subsequent breach. Failure by RIHP IT Golf to enforce any provision of this Agreement shall not constitute a waiver of RIHP IT Golf's right to enforce such provision in the future.
17.4 Assignment
Members may not assign or transfer their membership or any rights under this Agreement to any other individual or entity. RIHP IT Golf may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of the Company's assets, provided that the acquiring entity assumes all obligations under this Agreement.
17.5 Notices
All notices required or permitted under this Agreement shall be in writing and shall be delivered via email to the address on file in the Member's account, or by such other method as RIHP IT Golf may designate. Members are responsible for maintaining a current and accurate email address on their account.
17.6 Effective Date
This Agreement is effective as of the date on which the Member creates an account or purchases a membership, whichever occurs first.
Acknowledgment
By activating a membership, creating an account, or using the facilities of RIHP IT Golf, you affirm that you are at least eighteen (18) years of age and acknowledge that you have read, understood, and agree to be bound by these Membership Terms and Conditions in their entirety. If you are under eighteen (18) years of age, a parent or legal guardian must provide this acknowledgment on your behalf. Digital acceptance of these terms through the booking platform at the time of account creation or membership purchase constitutes a valid and binding acknowledgment under Indiana's Uniform Electronic Transactions Act (IC 26-2-8). Acceptance is also implied through use of the facility.
A physical copy of this Agreement is available upon request at the facility or by emailing RIHP IT Golf management.
