Preamble & Scope of Agreement

This Master Agreement governs the use of all facilities, simulator bays, launch monitors, training hardware, and instructional programs operated by Curtis Nelson (o/a DRIVE GOLF ACADEMY). This legally binding contract applies universally to all Members, Public Hourly Simulator Renters, Academy/Lesson Students, Package/Bulk Pack Holders, and Hosted Guests or Spectators (collectively referred to as "Users", "Clients", or "Participants"). Entry into the facility, execution of a booking via ProAgenda, or payment processing via Stripe constitutes full acceptance of these terms.

Section 1: Payments, Membership Commitments & Public Purchases

1. User Categories & Billing Structures:
   • Private Club Memberships (The Club, Elite Am, Pro, Tour): Offered under either an Upfront Annual Payment (Option A) or Twelve (12) Monthly Installment Payments (Option B). Both options carry a mandatory, binding 12-Month Term Commitment and auto-renew at the conclusion of each 12-month cycle unless written cancellation notice is submitted at least 30 days prior to the renewal date.
   • Public Hourly Simulator Rentals: Billed per session/hour at the time of booking via ProAgenda / Stripe. Full payment or valid credit card authorization is required upfront to secure a bay reservation.
   • Academy Lessons & Coaching Programs: Billed as single sessions, semi-private/group tracks, or multi-lesson development packages. Payment is due in full at checkout prior to instruction delivery.
   • Public Bulk Simulator Packs & Lesson Packages: Billed upfront as multi-session bundles.
2. Automated Payment Authorization (Pre-Authorized Debits/Charges): All Users authorize DRIVE Golf Academy and its payment processor (Stripe) to automatically charge their designated credit card for recurring monthly membership dues, upfront booking fees, penalty fees for late cancellations/no-shows, equipment damage assessments, or remaining contract balances as set out herein.
3. Member Early Cancellation Policy & Liquidated Damages:
   • Fixed Contract Obligation: Monthly membership installments cannot be canceled early for convenience during the active 12-month term.
   • Acceleration of Balance: If a Member requests early cancellation, defaults on monthly payments, revokes card authorization, or is expelled for rule violations, the total remaining balance of the 12-month commitment becomes immediately due and payable.
   • Liquidated Damages: Members acknowledge that private memberships are capped at 24 keys. Occupying a key limits academy capacity; therefore, recovering the remaining contract balance represents genuine pre-estimated liquidated damages, and not a penalty.
   • Payment Recovery: DRIVE Golf Academy reserves the right to immediately process a final charge via Stripe for the remaining contractual balance.
4. Fee Revisions: DRIVE Golf Academy reserves the right to modify rates for hourly rentals, lessons, and memberships. Rate updates for active recurring members apply upon their next 12-month renewal term following 30 days' written notice.

Section 2: Booking, Cancellation, Rollover & Expiration Policies

1. 12-Hour Modification Window: Cancellations or schedule modifications for any reservation—including public simulator rentals, member hour allocations, and academy coaching sessions—must be completed via ProAgenda at least 12 hours prior to the scheduled start time.
2. Late Cancellation & No-Show Penalties (Applies to ALL Users):
   • 4 to 12 Hours Notice: Incurs a 50% charge of the total session value (or a 50% time deduction from an active member allocation, public bulk pack, or lesson package).
   • Under 4 Hours Notice / Complete No-Show: Incurs a 100% full-value charge (or 100% deduction of session time/lesson credit).
3. Member Simulator Allocation & 30-Day Rollover Rules: Monthly simulator hour allocations are credited on the first day of each billing cycle and must generally be utilized within that active 30-day period. Tier-specific rollover rules apply as follows:
   • The Club & Elite Am Tiers: Monthly hour allocations do not roll over. Unused hours expire automatically at the end of each monthly billing cycle and are non-refundable.
   • Pro Tier: Eligible unused hours roll over into the immediately following 30-day billing cycle, up to a strict maximum cap of 6 hours.
   • Tour Tier: Eligible unused hours roll over into the immediately following 30-day billing cycle, up to a strict maximum cap of 10 hours.
   • Rollover Expiration: Rolled-over hours must be used within the single subsequent 30-day period. Rolled-over hours do not accumulate beyond 30 days, cannot be stacked across multiple months, and carry no monetary cash or credit value upon account cancellation or contract termination.
4. 12-Month Expiration on Public Packs & Lesson Packages: All public bulk simulator packs, individual/multi-lesson packages, and upgraded performance tracks carry a strict 12-month expiration date from the original date of purchase. Unused hours, sessions, or lesson credits are completely non-refundable and automatically forfeit after 12 months.
5. DRIVE Performance Guarantee (Lesson Upgrades): Coaching students enrolled in a Silver (6-lesson) package may upgrade to a Gold (11-lesson) or Platinum (15-lesson) package at any point before completing their 6th lesson by paying the exact price difference. Upgrading retains top-tier volume discounts but does not extend the original 12-month expiration window from initial purchase.
6. Roster Locks: Multi-player semi-private (2 players) or group (3 players) lesson packages require fixed participant rosters designated at initial checkout. Participants cannot be substituted or swapped between sessions. Non-member participants in group tracks are permitted inside the facility strictly during paid instruction hours.

Section 3: Core Facility Rules, Guest Policies & Integrity Protocols

All Members, Public Renters, Lesson Students, and Guests must strictly adhere to the following rules:

1. Waiver Prerequisite: Every individual—regardless of whether they are a member, public renter, lesson student, or guest—must execute this Master Agreement digitally or physically prior to entering hitting bays or utilizing equipment.
2. Member Daily Booking Caps: Member bay reservations are subject to maximum daily usage limits enforced via ProAgenda based on tier status:
   • The Club: Maximum 2 hours per day.
   • Elite Am: Maximum 3 hours per day.
   • Pro & Tour Tiers: Maximum 4 hours per day.
3. Guest Allocation Caps & Host Responsibilities: Members are permitted to host guests subject to the specific allocation allowance of their membership tier:
   • The Club: Maximum 1 guest per session (2 Players Total max).
   • Elite Am: Maximum 2 guests per session (3 Players Total max).
   • Pro Tier: Maximum 3 guests per session (4 Players Total max).
   • Tour Tier: Maximum 5 guests per session (6 Players Total max).
   All hosted guests must digitally execute the facility liability waiver prior to entering hitting bays. The primary member must be physically present in the bay throughout the entire reservation block and assumes full financial and legal liability for the conduct, safety, and equipment usage of all hosted guests.
4. Footwear (NO SPIKES): Metal spikes and hard plastic cleats are strictly prohibited. Dedicated indoor athletic running shoes or thoroughly cleaned spikeless golf shoes are mandatory. Outdoor dirt, mud, and debris must be removed prior to stepping onto hitting mats.
5. Clean Club & Ball Requirement: Personal golf clubs must be thoroughly cleaned of dirt, mud, and marker ink before play to protect simulator screens. Only clean, un-marked golf balls provided or approved by the facility may be hit into the screens.
6. Safety Zones & Hitting Boundaries: Only ONE person is permitted inside the active hitting area at a time. All spectators, guests, and waiting players must remain behind structural safety lines. Practice swings must occur strictly on designated mats facing the impact screen. Check surroundings before every swing.
7. Equipment Care & Hardware Liability: Overhead ProTee VX sensors, high-speed cameras, projection screens, computers, and academy-provided club sets (14 clubs per bag) must be treated with care. Users are 100% financially liable for full replacement costs arising from reckless behavior, errant swings, or liquid spills. Touching, adjusting, or untethering sensors or surveillance cameras is forbidden.
8. Food & Beverage Restrictions: Outside food is strictly prohibited. Facility-provided beverages must remain at high-top tables in closed, spill-resistant containers with lids, completely clear of hitting mats, turf, and electronics.
9. Punctuality & Session Transitions: Simulator rentals and lesson sessions terminate promptly at the scheduled end time to ensure seamless transitions for subsequent bookings.
10. 24-Member Club Integrity (Member Specific): Private memberships are capped at 24 active keys. Access credentials and keycodes are non-transferable. The primary membership holder must be physically present in the bay during the entire booking block. Unhosted guest access or account-sharing constitutes a material breach resulting in immediate access revocation and acceleration of remaining contract dues.
11. Facility Expulsion: Staff or administration reserves the right to immediately terminate any active session and expel any user from the facility without refund for failure to adhere to safety protocols or staff instructions.

Section 4: Legal Release of Liability, Assumption of Risk, & Indemnification

1. Assumption of Inherent Risks: The User/Client acknowledges that indoor golf, instruction, simulator rentals, and facility usage involve inherent risks, including but not limited to errant swings, high-velocity golf ball rebounds, physical overexertion, equipment failure, and contact with objects or individuals. The User freely and voluntarily assumes all risks of injury, illness, paralysis, property loss, or death.
2. Release of Liability: The User hereby waives, releases, and forever discharges Curtis Nelson (o/a DRIVE GOLF ACADEMY), its owners, officers, directors, employees, agents, instructors, and premises operators (the "Released Parties") from any and all claims, liabilities, demands, actions, or damages arising out of personal injury, property damage, or wrongful death occurring on or about the premises, whether caused by passive or active negligence of the Released Parties or otherwise, to the fullest extent permitted by British Columbia law.
3. Indemnification: The User agrees to defend, indemnify, and hold harmless the Released Parties from any claims, suits, liabilities, losses, costs, or reasonable legal fees arising out of the User's (or their hosted guests') conduct, facility usage, property destruction, or breach of this Agreement.
4. Parental/Guardian Waiver for Minors: Minors under 21 years of age must be accompanied by a parent or legal guardian. Parents/guardians executing this agreement on behalf of a minor warrant full legal authority to do so and agree to fully indemnify the Released Parties against any claims brought by or on behalf of said minor.
5. Limitation of Liability & Technical Disclaimer: DRIVE Golf Academy is not liable for technical downtime affecting ProAgenda, launch monitors, or website services. Except in cases of formal judicial findings of gross negligence or willful misconduct by a British Columbia court, DRIVE Golf Academy’s maximum aggregate liability shall not exceed the actual monetary amount paid by the specific user to DRIVE Golf Academy in the preceding 12 months.

Section 5: Surveillance, Media Release, & Data Privacy

1. 24/7 Audio & Video Surveillance: The facility operates continuous security surveillance for safety, insurance, and club integrity enforcement. Tampering with cameras or door security hardware results in immediate facility expulsion, legal liability, and billing charges for damages.
2. Dynamic Performance & Mobile Media Capture: Users grant authorization to capture, process, and store dynamic swing metrics and audio-visual instructional data within the ProAgenda ecosystem and handheld instructional devices (iPhones/tablets).
3. Promotional Media Release: Users grant DRIVE Golf Academy full rights to utilize photographic or video media captured on site containing their likeness, voice, or golf performance for corporate, educational, and marketing purposes without compensation. Users may opt out in writing via admin@drivegolfacademy.com.

Section 6: Governing Law, Jurisdiction, & Severability

1. Governing Law: This Agreement is governed strictly by the laws of the Province of British Columbia and the applicable federal laws of Canada.
2. Exclusive Venue: Any legal proceedings or disputes arising under or related to this Agreement or Stripe billing transactions shall be submitted exclusively to the jurisdiction of the courts of British Columbia.
3. Waiver of Jury Trial: All parties waive any right to a trial by jury in any legal proceeding arising out of or relating to this Agreement or facility usage.
4. Severability & Digital Enforceability: If any provision of this Agreement is deemed unenforceable under BC law, such provision shall be severed, and the remaining terms shall continue in full legal force. Digital execution (checking the agreement box during ProAgenda/Stripe checkout) carries the exact same legal validity as a wet-ink paper signature.