Location Terms and Membership Agreement

PUBLISHED: 15th August 2022 LAST UPDATED: 15th August 2022

To help you get the best out of your use of our facilities and equipment and to understand your rights and responsibilities, please read these terms and conditions (Terms) carefully.

These Terms set out the contract between you and us when using our facilities and equipment at a Topgolf Venues located in Thailand (Location(s)) and, if you have purchased a membership, your membership terms and conditions.  The Terms DO NOT apply to your purchase of food and beverage, retail, Fastrack Passes, golf coaching/lessons, mini/adventure golf, participating in holiday clubs or hosting an Event at a Location.

The language we use should make these Terms as straightforward as possible.  All the terms and conditions are equally important, but we have split them into several parts to help make these Terms easier to read.

Part A. Key Terms

Part B. Definitions

Part C. Gameplay and Membership Categories

Part D. Location Terms

Part E. Membership Agreement

Part F. Miscellaneous Terms

Part A, Part B, Part C, Part D and Part F applies to all Members and Guests.  Part E applies only to Members.  Please speak to our Guest/Player Services Associates if you have any questions about these Terms.

When you hit “I ACCEPT” during the sign-up process, you confirm that you have read and understood these Terms and that a contract exists between us.  You further confirm that you have read, understand and agree the assumption of risks, waiver, indemnity and limitation of liability terms in Part A Section (3).  If you have a Membership, you acknowledge that the contract between us remains in effect for the duration of your Membership, any interruption of your Membership and after the Membership is reinstated.

 

Key Terms

    • Information about us and how to contact us

Who are we?  We are The Golf Entertainment Company (Thailand) Co., Ltd., a company registered in Thailand (company number 0105563160971 with registered offices at 971 Moo 8, Bangkaew Sub-district, Bangplee District, Samutprakarn Province, Thailand.  To find more information about Topgolf, visit our website at https://topgolfthailand.com/.

How to contact us?  You can contact us by calling our Location.  The number for each Location is available on our website at https://topgolfthailand.com/.  You may also contact us at onestopservice@topgolfthailand.com.

How will we contact you?  We may contact you using the last known phone number, email or postal address on your account.

  • Gameplay or Membership Suspension/Termination By Topgolf
    • We may refuse admission to any Guest who is the subject of a suspension for having breached our Guest Code of Conduct or Safety Measures.  We may suspend/terminate gameplay or eject you or your Guests from our Location if you or your Guests have breached our Guest Code of Conduct or Safety Measures.  No refunds will be given.  You may be liable to us for loss or damage we have suffered due to the breach of these Terms by you or your Guests.
    • We may suspend/terminate your Membership for breach of these Terms by giving notice of the suspension/termination.  If we terminate your Membership, you must immediately surrender your membership card (if issued).  No refunds will be given.  You may be liable to us for loss or damage we suffer of you breach these Terms.

We may choose to terminate your Membership if your account becomes dormant.  Your Membership is considered dormant if there has been no activity for twelve years or more.  We will use reasonable efforts to contact you using your last known contact details.  If we cannot make contact, we will make a payment to court in respect of unused credits.

The most serious breaches of our Terms, e.g., if you breach our Guest Code of Conduct or Safety Measures, may result in immediate termination of your ability to play at our Locations and other Participating Locations and, if applicable, termination of your Membership.  Instead, we may choose to suspend your ability to play at our Location, other Participating Locations or your Membership.  The length of suspension depends on the circumstances of each case.

  • Assumption of Risk, Waiver, Indemnity and Limitation of liability
    • Assumption of Risk.You agree that you voluntarily participate in activities at Topgolf and use the equipment and facilities at our Location and that you do so at your own risk.  You assume all risk of injury, illness, damage or loss to you or your property (or that of any of your Guests or their property) that might result from your actions or omissions.
    • You expressly release and discharge the Topgolf, its affiliates, agents, representatives, directors, officers, and workers (Topgolf Parties) from any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you or your property (or that of any of your Guests or their property) that might result from your, your Guests or another Guests’ actions or omissions. (Claims).
    • You agree to indemnify, defend, and hold harmless the Topgolf Parties against any Claims (including reasonable legal fees) that might result from your or your Guests actions or omissions.  You authorise our agents or us to charge to your Payment Method any loss or damages incurred by us, another Guest or third-party due your breach of these Terms.
    • Limitation of Liability.In no event will any Topgolf Parties be liable to you or any of your companions for any loss or damages incurred over the amounts paid by you in the prior twelve months.  Nothing in these Terms will exclude or limit our liability for personal injury or death where it is due to our negligence.
  • Your Privacy

We will process your personal data to provide you with gameplay and/or Membership benefits.  Please read our privacy notice (available at https://topgolfthailand.com/) for more information on how we process your personal data.

 

Definitions

Associates.  Our staff.

Event.  An event means a pre-booked reservation for two or more bays.  Events are booked through our Topgolf sales team and are subject to the Event Terms and Conditions.  You can find more information about booking your Event at Topgolf at:

https://topgolfthailand.com/parties-events/.

Fastrack Pass.  A Fastrack Pass allows a Guest to skip the wait if purchased and subject to the terms and conditions of the purchase.

Guest.  An individual who uses our facilities, equipment or participates in activities at our Location, including a Member’s or Day Pass Guest’s companions, e.g., non-players.

Location.  A Topgolf Venue located in the UK, including the building, parking lot and any adjoining land forming part of the Location.

Member.  An individual who purchases a Membership or benefits from Platinum Membership as a Designated Individual.

Membership.  A Taster Membership, Lifetime Membership or Platinum Membership.

Participating Location.  A Topgolf Venue which participates in our global membership programme.  Participating Locations may be operated by our affiliates and franchisees.  Gameplay at Participating Locations is subject to the terms and conditions in force at that Participating Location.

Payment Date.  If you have chosen a Platinum Membership, monthly, every six months, or annually according to the payment option you select.

Payment Method.  Acceptable payment methods are Visa®, Mastercard ®, Discover or American Express® credit or debit cards.  Topgolf Gift Cards cannot be used to purchase a Membership.  We do not accept cash at any of our Locations.

 

Gameplay and Membership Categories

Day Pass.  In select Locations only, you may buy a Day Pass.  A Day Pass is not available at all Locations.  A day pass is not a Membership and only entitles you to play on the day and at the Location where you bought the Day Pass.  You also have to buy game time/games.  We will not retain your personal data or playing history.  Our Location Terms apply to all Guests playing under a Day Pass.

Taster Membership.  If you have purchased a Taster Membership and paid the joining fee, you may play only at the Location where you bought the Taster Membership.  A Taster Membership is only available at select Locations and is only valid for the duration purchased.  You also have to buy game time/games each time you play.  We WILL NOT refund game time/game credits remaining on the account after the expiry of the Taster Membership.  Our Location Terms and Membership Agreement applies to all Guests playing under a Taster Membership.

Lifetime Membership.  If you have purchased our standard Lifetime Membership (also called a Saver Membership) and paid the joining fee, you are entitled to play at any Participating Location.  Lifetime Memberships are valid indefinitely unless it has been terminated by you or us as set out in these Terms.  You must adhere to our Location Terms and Membership Agreement.  You also have to purchase game time/games each time you play.  You may be eligible to purchase a Senior Membership or Assisted Membership if you meet the eligibility criteria (Special Memberships).

Platinum Memberships.  If offered at the Location, you may purchase a Platinum Memberships.  We offer different categories of Platinum Memberships, and some are subject to eligibility criteria.  Platinum Memberships are subscription-based memberships which means that you commit to an annual, every six months or monthly prepayment which we will charge using your Payment Method.  Prepaid fees are non-refundable except in certain limited circumstances.  Unless you have selected the auto-renew option or your Platinum Membership is terminated as set out in these Terms, your Platinum Membership will be valid for the duration you choose at the time of purchase (the term).  You must adhere to our Location Terms and Membership Agreement.  Associates are ineligible to purchase a Platinum Membership.  You can find more information on our Platinum Memberships in Part E, Section (6) of these Terms and on our website

Juniors.  A parent or guardian may purchase a Day Pass, Taster Membership or Lifetime Membership for children under 12 years old.  Children under 20 years old cannot buy a Platinum Membership.  A parent or guardian MUST accompany children under 12 years old and be present in the bay at all times.  If you are the parent or guardian agreeing to these Terms on behalf of a child under 12 years old, you are responsible for ensuring that the child adheres to our Terms.

You can find more information on our Membership categories, at which Locations they are available, the current benefits and prices on our website or ask our Guest/Player Services team for more information.

 

Location Terms

These Location Terms apply to all Guests.

  • Rights of Admission Reserved.

Some Locations cannot allow entry of anyone under the age of 20 during certain times because of licensing requirements.  It is your responsibility to ensure that you and your Guests are old enough to be admitted to a particular Location.

We reserve the right to eject from or refuse entry to anyone not meeting the age requirements or deemed in our reasonable opinion to be intoxicated, unruly, threatening, violent or dangerous, regardless of whether the individual has an active Membership or not.  We are not liable for any loss you or your Guests may suffer due to such refusal, and no refunds will be given.

We reserve the right to refuse entry or gameplay to any individual who has previously received a suspension or ban due to a breach of these Terms, our Guest Code of Conduct or Safety Rules.  You must ensure that you and your Guests are eligible to play at our Location.  We are not liable for any loss you or your Guests may suffer due to such refusal, and no refunds will be given.

  • Guest Code of Conduct and Safety Measures.

Topgolf promotes a FUN environment for all our Guests.  To make sure we can continue to provide a FUN environment in the future, we ask Guests to follow these simple guidelines to keep us all SAFE:

  • NEVER step over the red line when another Guest is taking their shot.  You could be seriously injured.
  • Keep back from the edge.  Hit balls only from the tees on the right or left side of the hitting mat, and DO NOTmove the tees towards the front of the hitting mat.
  • NEVER jump deliberately into the safety nets or push others into the safety nets.  There is a risk of serious injury.
  • DO NOT lean over the bay dividers.
  • NEVER step onto the range.  If you step onto the range, there’s a high chance you may be badly injured.  Golf balls cause serious damage, so always stay within the bay!
  • DO NOT aim for the buggy.  It is no fun for our Associates who are driving the buggy.
  • NO running starts or horseplay
  • UNDER 16’s must be supervised by an adult at all times.
  • DRINK RESPONSIBLY – don’t be the one who ruins the fun for everyone else.
  • As difficult as it might be, please avoid foul language or lewd behaviour.  It upsets some of our Guests, and we want to keep Topgolf a FUN environment for everyone.
  • The only objects we want on the range are our golf balls.  Other objects can cause a hazard that could end with someone getting hurt.
  • No bare feet allowed.  Please wear appropriate footwear at all times.
  • Leave our Location in a tidy state and avoid damaging equipment.  Remember that other Guests will be playing after you.  Please be respectful to our neighbours when entering or exiting our Location.
  • DO NOT bring illegal drugs or weapons into our Locations.  We co-operate closely with the police, and they WILL be informed.
  • As delicious as your homemade spaghetti carbonara might be, only food and drinks bought from us at the Location can be consumed at our Locations.
  • Our Associates are a big part of making the Topgolf experience special – any inappropriate or threatening behaviour towards them or other Guests WILL NOT be tolerated.
  • Any violent behaviour in our Locations WILL NOT be tolerated and may result in a lifetime ban.  We co-operate closely with the police, and they WILL be informed.
  • Our Associates are trained in how to keep Guests safe; you MUST follow their instructions at all times.

We have a zero-tolerance policy towards persistent and/or significant breaches of our Guest Code of Conduct or Safety Measures.  We reserve the right to eject you and your Guests from our Location or suspend/terminate your Membership.  We are not liable for any loss you or your Guests may suffer in such situations, and no refunds will be provided.

  • Accidents and Injuries.

You must inform an Associate as soon as possible if you or your Guests suffer any accident or injury at our Location.  A first-aid trained Associate will be on shift to help you.  We record all injuries to comply with our obligations under applicable law.

  • Hours of Operation and Temporary Closures.

We may make reasonable changes to the days and hours that our Locations are open for business from time to time.  

From time to time, we may temporarily close our Locations for any reason, e.g., inclement weather, under government orders, strikes/industrial actions affecting our operations or if, in our opinion, it would not be safe to continue operations.

We will publish any changes to our hours of operation or closures on our website and social media pages.  Rarely we may not be able to give any notice of the Location’s closure.

  • Wait times, Fastrack Pass and bay allocation.

You understand that our Locations may be busier at certain times than others on different days of the week, and you may be placed on a waitlist.  

We do not guarantee the availability of any bays; bays will be allocated on a first-come, first-serve basis unless you have purchased a Platinum Membership with priority bay access, a Fastrack Pass or booked an Event.  A Fastrack Pass gives you and your Guests priority allocation to the next available bay.  Wait times may be extended if you have requested a specific bay.  Guests with an accessibility pass, Assisted Memberships or Platinum Memberships with priority bay access and Events have priority over Guests who have purchased a Fastrack Pass.

We reserve the right to sell out the entire Location for a private event (day or night) (a buyout).

  • Games, Offers, Programmes and Pricing.

We reserve the right to change the games on offer and /or the pricing for any games or game time, including restricting the number of games or hours that may be bought without notice.  We will honour any pre-booked bays, games or game time booked and paid before the change is effective.  We may introduce limited time offers and other programmes from time to time.  Participation in other programmes will be open to all Guests, subject to the eligibility criteria.  You can find our current games, limited time offers, programmes and restrictions on our website.

  • Use of Our Names/Logos/Images.

You may not use our names, logos, images or that of any other third party connected with us or the Location in any promotional or display materials (whether a written publication or posted on social media) without our written consent.  You must obtain our written consent before any production and dissemination.  You acknowledge that neither you nor your Guests have any rights or interest in any intellectual property that we own or license.  

You agree and acknowledge that if for any reason we determine that your or your Guests’ use of our or any third-party marks licensed to us have been used for promotional purposes, or any images or videos have been published or disseminated promoting or encouraging a breach or wilful disregard of our Guest Code of Conduct or Safety Measures, we will have the right to take such legal action as we see fit, including seeking equitable or injunctive relief and you agree to indemnify as set out in these Terms.

 

Membership Agreement

The Membership Agreement applies to all Members.  Section (1) through Section (5) applies to all Memberships.  Section (6) applies only to Platinum Memberships.

  • Duration

The duration of your Membership depends on the option you select at the time of purchase.  For more information on the duration of each Membership category, read the Gameplay and Membership Categories section of these Terms.

  • Benefits and Prices

From time to time, we reserve the right to add, withdraw, or otherwise change the benefits that are available to each category of Membership.  The current benefits for each Membership category can be found on our website or ask a Guest/Player Services Associate for more information.

  • Prices

Unless otherwise set out in this Membership Agreement, we may, from time to time, increase the price for a particular category of Membership.  The current prices for Membership can be found on our website or ask our Guest/Player Services Associate for more information.  

  • Payment Methods

As a condition of Membership, you authorise our agent or us to charge your Payment Method the fee applicable to the Membership that you selected at the time of purchase.  You may pay for your Membership using any of the accepted Payment Methods.

You authorise our agents or us to place a pending charge to your Payment Method when you sign up for any Membership and before each subsequent periodic charge.  Pending charges will be used to verify your billing address and the validity of your Payment Method and are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you.  Pending charges, while pending, will reduce the available amount of credit on your Payment Method in the amount equivalent to the actual charge.  Please see our website for details of the charges.

You authorise our agents or us to charge your Payment Method for any other charges you may incur associated with your Membership, including any damages or loss for which you have indemnified us.

You are solely responsible for all fees charged and all fees charged to your Payment Method by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, currency conversion and over the credit limit fees or interest.

  • Reselling and Transfer

Unless otherwise stated, Memberships and their benefits are exclusively for the use of the Member.  Memberships may not be sold, transferred or assigned to another individual except with our prior written consent.  Any attempted sell, transfer or assignment by a Member of their Membership may result in termination of the Membership for breach.  We may transfer, novate or assign your Membership to any affiliate or purchaser of its business.

  • Platinum Memberships
    • Primary Member.The individual who purchases the Platinum Membership is the Primary Member.  The Primary Member is the only individual authorised to log into the Platinum Membership portal, administer or make changes to the account and print physical membership cards to share with Designated Individuals.
    • Designated Individuals.When you purchase your Platinum Membership, you will identify individuals who may share the Platinum Membership (Designated Individuals).  Designated Individuals are also sometimes called Platinum Members.  The number of Designated Individuals will depend on the type of Platinum Membership chosen.  The Primary Member may contact us at onestopservice@topgolfthailand.com to change the Designated Individuals.
    • Platinum Membership Benefits.

Eligibility.  Platinum Memberships may be purchased by individuals over 20 years old who are not subject to a previous suspension/termination of gameplay or Membership for breach.  Some Platinum Memberships have additional eligibility criteria, which can be found on our website.  An employer may purchase a Platinum Membership for its employees.

Usage.  A Platinum Membership is a subscription-based shared membership for the number of Designated Individuals specified depending on the Platinum Membership category.  Each Platinum Membership purchased is good for one bay at any one time for up to six Guests, at participating Locations only and subject to the weekly gameplay hour restrictions.  You can find more information on participating Locations on our website.  Designated Individuals must be present with their Guests at all times.  Designated Individuals may not share their Platinum Membership benefits with anyone else except as set out in this Membership Agreement.

Lifetime Membership.  Designated Individuals will be granted complimentary Lifetime Membership for the duration of the Platinum Membership unless terminated earlier as set out in these Terms.  The Lifetime Membership will continue if the Platinum Membership is terminated or not renewed (except if terminated by us for breach or if the Designated Individual is under a suspension).  All other Platinum Membership benefits cease on termination or non-renewal.

Retail discounts.  Retail discounts cannot be used with any other retail discount offer or promotion or online retail purchases.

Platinum Memberships with priority bay access:  The next available bay will be allocated provided that Guests with an accessibility pass or Assisted Memberships may take priority for bay allocation as required under applicable law.  Wait times apply and may be extended if a specific bay has been requested.

Platinum Memberships with preferred pricing on Events.  Availability of preferred pricing for Events is based upon the Primary Member and Designated Individuals being active and in good standing at the time of Event confirmation and execution.  The preferred pricing excludes food and beverage.  Events are subject to revenue minimums and require a separate signed Event agreement with payment in advance.  We reserve the right to reduce this benefit if the sum of the discounts received under the Platinum Membership in any given term exceeds three times the value of the Platinum Membership in the same term.

Platinum Memberships with Hole-in-One Prize.  The Hole-in-One Prize is only valid at participating Locations and only if the hole-in-one is in one of the designated targets (see our website for more information).  The Primary Member and Designated Individuals must be in good standing.

Platinum Memberships with Upgraded Clubs.  Upgraded “premium” clubs are available in limited supply and provided on a first-come, first-serve basis.

Reduction of Benefits.  We may reduce or suspend the benefits available under Platinum Membership if the Designated Individuals are not in good standing or otherwise in breach of these Terms.

You can find more information on the benefits for each Platinum Membership category on our website.

Termination for breach.  We may terminate your Platinum Membership at any time for breach of these Terms.  If we terminate your Platinum Membership for breach, you will remain liable for all unpaid dues, including recurring Subscription Fees and other charges against your account.  You may also be liable for any loss or damage we incur as a result of your breach and under your indemnity obligations set out in these Terms.

  • Subscription Fees and Payment.

Subscription Fees.  The fee for your Platinum Membership depends on the type of Platinum Membership you have chosen at the time of purchase (Subscription Fee).  Subscription Fees are prepaid, either monthly, six-monthly or annually, using your chosen Payment Method.  Subscription Fees are non-refundable unless we have reduced the benefits available without cause or you have terminated your Platinum Membership for breach by Topgolf (if proven).

You agree that we may change our Subscription Fees at any time.  Any such change will be notified to you before the next Payment Date.  If you do not cancel your Platinum Membership before the change comes into effect, you will be charged the new Subscription Fee on your next Payment Date.  You authorise our agents or us to charge the new Subscription Fee to your chosen Payment Method.

Renewals.  If you do not renew your Platinum Membership before the renewal date, it will automatically convert to a Lifetime Membership.  If you have selected auto-renewal, you authorise our agent or us to automatically charge recurring fees on a monthly, six-monthly or annual basis (as applicable) to your chosen Payment Method on the applicable Payment Date.

Tiered Pricing.  The tiered pricing for Platinum Membership is dependent on the Primary Member maintaining the same number of Designated Individuals associated with the Platinum Membership at the time of renewal.  Should the number of Designated Individuals on the Platinum Membership decrease to a lower tier, the renewal will be subject to the applicable higher pricing for that lower tier.  Similarly, should the number of Designated Individuals on the Platinum Membership increase to a higher tier, the renewal will be subject to the applicable lower pricing for that higher tier.

Payment Methods.  We do not provide copies of charge slips or receipts evidencing the Platinum Membership fee payment.  However, you can access all historical transactions by logging into the Platinum Membership portal and navigating to your transactions.  You agree to pay the Platinum Membership fee as set out in your Payment Method issuer agreement.

If your Payment Method is declined or will not accept charges for any Subscription Fees, your Platinum Membership will be suspended/terminated and automatically converted to a Lifetime Membership.  To reinstate your Subscription Membership, you must update your Payment Method information by logging into the Subscription Membership portal and navigating to your Subscription Membership.

Billing Update Programmes.  From time to time, we may use account updating services provided by the payment card industry.  By signing up for a Subscription Membership, you agree and authorise us to update your Payment Method or similar account information and charge any updated Payment Method under the terms and conditions of such billing update programmes.

Default.  If you default on any payment due under your Platinum Members, we may declare all or any of the future payments to be made immediately due and payable.

Not a Credit Transaction.  You agree that Platinum Membership does not involve an extension of credit or a retail instalment sale as we do not impose a finance charge, and you may choose to continue or stop your Platinum Membership at any time.  Void where prohibited.

  • Corporate Platinum Memberships.If the Primary Member’s employer pays for a Platinum Membership, the employer holds the right to the Platinum Membership.  If the employer no longer employs the Primary Member through the end of the term, the Platinum Membership may be assigned to a new Primary Member nominated by the employer.
  • Picture Identification / Sign in.Designated Individuals and their Guests must check in at the designated area.  Designated Individuals must check-in using their mobile number and a valid photo identification confirming their identity and agree to have their picture taken for our internal purposes upon joining.
  • Changes to the Platinum Memberships offering.  We reserve the right to suspend, modify or end the availability of Platinum Memberships without prior notice.  In such a case, we will honour any existing Platinum Memberships that are in good standing up to the next renewal and Payment Date, at which point your Platinum Membership will terminate


Miscellaneous Terms

    • Changes to these Terms

From time to time, we may change these Terms to reflect any changes in our operations, whether brought about by law or any other reason.

We will make reasonable efforts to inform you of any changes to these Terms.  We will do this by emailing you in advance.  By returning to our Location and purchasing further game time/ games or Memberships, you are deemed to have accepted any changes to these Terms.

  • Entire Agreement

These Terms are the terms and conditions that apply to your use of our facilities and equipment at our Locations.  Nothing outside of these Terms is considered part of the contract between you and us.

  • Governing Law

The laws of the Kingdom of Thailand will apply to these Terms, and we both agree that only Thai courts shall have jurisdiction over any proceedings brought by either you or us.

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