Agreement Summary. The Host and Guest(s) agree as follows:
- License. Subject to the terms and conditions of this Agreement, the Host grants the Guest a non-transferable license (the “License”) to occupy and use the space in the Facility during the time the reservation is scheduled to begin (the “Start Time”) until the End Time, as specified in the Guest’s reservation.
- House Rules. For the duration of time between the Start Time and End Time (the “Duration”), the Guest agrees to accept the terms and conditions, and policies provided by the Host relating to the appropriate use of the Facility, including building security and safety procedures, IT access and use procedures, Maximum Occupancy limitations, specific state law requirements, and other terms or procedures provided by the Host (the “House Rules”) in Exhibit A. The House Rules may be revised and amended by the Host without prior consent of, or notice to, the Guest(s).
- Payment. The Guest agrees to pay any fees, charges, deposits, and taxes for the access and use of the Facility to the Host, or marketplace service on behalf of the Host, at the time the reservation is requested.
- Definitions. Capitalized terms used and not otherwise defined in this Agreement or the Exhibits, Appendices, or Schedules, shall have the meanings set forth in the Section entitled “Definitions” below. Terms defined above are also included in this Section for clarity.
- Entire Agreement. This Agreement (including any Exhibits, Appendices, and/or Schedules) constitutes the entire agreement between the Guest(s) and the Host for the use of the Facility and supersedes any prior agreements made between the Host and Guest(s) relating to the Guest’s use of Another Nine’s space or equipment.
“Guest” shall mean any individual that makes a reservation with Another Nine, LLC.
“Invitees” shall mean any individuals accompanying the Guest for the Reservation, including employees, agents, guests, contractors, etc.
“Start Time” shall mean the time the Reservation is scheduled to begin.
“End Time” shall mean the time the Reservation is scheduled to end.
“Host” shall mean Another Nine, LLC.
“Facility” shall mean physical property and included equipment and services offered and operated by Another Nine, LLC that may be owned or leased from a third party. The Facility includes the Bay, Common Areas, and Restricted Areas.
“License” shall mean the non-transferable permission to occupy and use the space, in accordance with the House Rules, for the Duration of the Reservation.
“Duration” shall mean the duration of time between the Start Time and End Time of the Reservation.
“House Rules” shall mean the terms and conditions, and policies provided by the Host relating to the appropriate use of the Facility and it’s equipment, including building security and safety procedures, IT access and use procedures, Maximum Occupancy limitations, specific state law requirements, and other terms or procedures provided by the Host.
“Reservation” shall mean the arrangement, requested and paid for by the Guest, for the access and use of the space in the Facility for the agreed upon Duration.
“Section” shall refer to the method by which content in this agreement is structured and organized.
“Common Areas” shall mean any non-restricted space inside the Facility excluding the Bay(s), which is available to all Guests and Invitees, including the lobby, hallways, restrooms, and vending area.
“Restricted Areas” shall mean any space inside the Facility that is off limits to unauthorized persons. Access is restricted to authorized persons who are employees, owners, contractors, or agents of Another Nine, LLC.
“Bay” shall mean the reservable rooms in which the golf simulators are located and reservable through a Reservation.
“Maximum Occupancy” shall mean the maximum number of persons inside the Facility or the Bay, the lessor of the state mandated occupancy limits or the House Rules.
“Fees” shall mean all applicable fees set by the Host to constitute payment for the Duration of the Reservation.
“Charges” shall mean any accessorial charges related to ‘add-on’ services to the Charges.
“Payment Providers” shall mean third parties selected by Another Nine, LLC for the purposes of securely processing payments. Specifically, the Host uses Stripe and Paypal.
“Taxes” shall mean any fees collected by the Hosts for the purposes of sales or other applicable state or federal taxes.
“No Show” shall mean a Guest or Invitees that fail to access and use the space or equipment at the Facility for the Duration specified in the Guest’s Reservation and made no contact with the Host to cancel or reschedule.
- License Terms
- Compliance. You agree to abide by and cause your Invitees to abide by this Agreement and any applicable House Rules provided by the Host.
- Possession and Delivery. The state of the Facility is accepted by the Guest in its “as-is” “where-is” condition and configuration. If, for any reason, the Host is unable to provide the use of the Facility at the Start Time, you shall have the right to cancel the License with no penalty and be entitled to a full refund of amounts paid.
- Cancellation. Guests shall have the right to cancel their reservation up to twelve (12) hours in advance of the Start Time. Cancellations received at least twelve (12) hours prior to the Start Time are entitled to a full refund of amounts paid. Any cancellations requested less than twelve (12) hours prior to the Start Time may be eligible for a refund at the full discretion of the Host. Refunds for a No Show will be at the sole discretion of the Host. You acknowledge that the Host will try to honor all reservations. Should reservations need to be canceled by the Host, Guests will be entitled to a rescheduled Reservation based on availability, or a full refund.
- Access. You agree that you are permitted to occupy the Facility and Bay specified in your Reservation and use the specified equipment and services for their intended purpose only, and only for the Duration of your Reservation. You are permitted to access the Facility no more than fifteen (15) minutes prior to your reservation Start Time and you must promptly exit the Bay and Facility at the End Time of your Reservation. You agree that accessing or attempting to access any Restricted Area in the Facility is strictly prohibited. You agree that access is limited to the Maximum Occupancy permitted which includes both Guests and Invitees.
- Facility and Bay Use. You agree to use the equipment and services of the Facility and Bay only during the Duration of your Reservation and for the intended purposes only. You agree that access or use the Facility (a) will not be used to carry out any illegal activities in violation of the law, the House Rules, or any other reasonable regulations or rules adopted by the Host before, during, or after the Duration of your Reservation, or (b) for any immoral, unlawful, or objectionable purposes. Further, you shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Facility or the Bay. You shall not commit, or suffer to be committed, any waste upon or within the Facility, or any nuisance, public or private, or any other act or thing of any kind or nature whatsoever that may disturb the enjoyment of the experience for other Guests. You shall not make any alterations, additions, or improvements to the Facility, including the installation of lighting, phone, camera, or data lines. You shall not generate, store, install, dispose of, or otherwise handle any hazardous materials in or around the Facility, in any manner contrary to any applicable law. You shall be liable for the costs of any removal, clean-up, and or remediation of any hazardous or non-hazardous materials released, left behind, or caused by you or your Invitees, beyond the reasonable normal course of use. You agree that the Host has the right to require that you relocated to another Bay in the same Facility of equal or larger size and similar configuration for the remainder of the Duration, with or without notice, provided that all applicable charges for such new space are no greater than the charges for the space dictated in your original Reservation. You agree that the Host or its authorized representatives may enter any part of the Facility, at any time, including your reserved Bay and during your Reservation. Unless there is an emergency, the Host will, as a matter of courtesy, try to inform you in advance when access is required, which is at the discretion of the Host.
- Good Care. You agree to take good care of, and not damage, waste, or make any changes to any space, equipment, or service, included in the Facility. You shall not alter, add, replace, remove, move, or damage any furnishings, equipment, or other property located in, on, or around the Facility, including the Bays and Common Areas. At the End Time, you agree to leave the space in the same condition as you entered it, in good condition, normal wear and tear excepted. If any damage to the Facility, its equipment, property, or services should occur while in your care, custody, or control, you agree to pay reasonable repair/replacement costs and to notify the Host immediately upon discovery of such damage occurring, but no later than eight (8) hours later. You are liable for any damage caused by you or your Invitees to the Facility.
- Common Areas. If available at the Facility, your Reservation also permits access to and non-exclusive use of any Common Areas in the Facility designated for common uses of Guests and others, as described in the House Rules. The Common Areas may also include shared facilities like vending machines, gaming devices, putting greens, and other similar property and equipment, which is available for your use on a first-come, first-served basis during the Duration of your Reservation. The Common Areas may be changed, relocated, altered, eliminated, or otherwise modified at any time before, during, or after the Duration without the consent of, or notice to, the Guest or Invitees. Unless otherwise set forth in the House Rules, the right to parking is not provided under this Agreement.
- Access Codes and Keys. Any access codes, physical or digital keys, or any other mechanism access the Facility or Bay, which the Host provides for the purposes of accessing the Facility or Bay, remain the Host’s property at all times. You shall not make any copies or allow anyone else to use them without the Host’s consent. Any loss of physical or digital keys must be reported to the Host immediately. You shall not place any additional locks, stops, or bolts of any kind upon any of the doors or windows of the Facility nor make any changes to the existing locks or the mechanisms thereof. Any attempt to alter or otherwise gain access to the technology which enables digital access to the Facility is strictly prohibited.
- Security. You acknowledge and agree that by making a reservation and entering the premises, that security cameras are in operation throughout the Facility, capturing both video and audio recordings. These recordings are used for security and safety purposes, including but not limited to crime prevention, incident investigation, and ensuring a safe and secure environment for all Guests and staff. You understand and agree that these video and audio recordings may be shared with law enforcement or authorized third parties of Another Nine, LLC to assist with the purposes expressed above. You hereby release Another Nine, LLC from any liability associated with the collection, storage, and use of these recordings for these intended purposes.
- Conduct. You acknowledge and agree that the Host prohibits any form of discrimination in employment, against any of its employees or owners, including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, or disability, or other characteristics provided by law. In recognition of this policy, all Guests and Invitees shall be prohibited from participating in any type of harassing or abusive behavior to employees of the Host or its affiliates, other Guests or Invitees, verbal or physical, in or around the Facility, for any reason. You further agree that any violation of this Conduct clause is grounds for immediate termination of your reservation and the express removal of your access to the Facility, without a refund of any kind.
- Damages and Insurance. You are responsible for any damage caused by you or your Invitees to the space, property, or services in or around any part of the Facility. You and your Invitees are responsible for arranging your own insurance for your personal property against all risks and for your liability to and for you and your Invitees. You have the sole risk of damage, loss, theft, or misappropriation with respect to any of your personal property and liability to and for you and your Invitees. You agree, as a material part of the consideration to be rendered to the Host under this Agreement, to waive any right of recovery against the Host, its directors, officers, owners, and employees, for any damage, loss, theft, or misappropriate of your property under your control and any liability to you or your Invitees, including for injuries to you or your invitees in or about the Facility, and you agree to hold the Host exempt and harmless and defend the Host from and against any damage and injury to any such person or such property, arising from your use of the Facility and its equipment and services or from your failure to use the equipment or facilities as they are intended, or from your failure to keep the premises clean and in good condition as provided in this Agreement. All property in your space is understood to be under your control.
- Food and Beverage Policy. You acknowledge and agree that you and your Invitees are permitted to bring your own food and beverages or have them delivered to the Facility at any point throughout the Duration of your Reservation. Vending machines with food and beverages for purchase may also be available on-site in Common Areas. You acknowledge and agree that alcoholic beverages are permitted inside the Facility for the consumption by you or your Invitees; however, consumption is restricted to responsible and legal use. All Guests and Invitees must comply with any federal, state, and local laws regarding the purchase, possession, and consumption of alcoholic beverages. Another Nine, LLC does not provide or sell alcoholic beverages. Another Nine, LLC assumes no responsibility or liability for the selection, quality, or effects of any alcoholic beverages brought onto, consumed prior to entering, or consumed in or around the Facility. Any Guest or Invitee found in violation of these policies, exhibiting disruptive behavior due to alcohol consumption, or violation of any other terms in this Agreement, including the House Rules, as a result of alcohol consumption, may be asked to leave the facility without a refund and may be subject to additional action from law enforcement. Should the Host discover that any Guest or Invitee under the legal age of consumption, in accordance with federal or state law, has consumed or is consuming alcoholic beverages in or around the Facility, that knowledge may be shared with the appropriate law enforcement agencies.
- Payment. Any Fees, Charges, or Taxes to reserve the use of the space in the Facility throughout the Duration shall be paid by the Guest at the time the reservation is made. No Reservation is guaranteed unless payment is made in full.
- Default. You shall be considered in default of this License if you fail to comply with any term of this Agreement. Upon any default, the Host shall have the right, without notice, to terminate this Agreement, in which case you shall immediately surrender the Reservation and any property or service currently in your possession or use. If you fail to surrender the Reservation and associated space, or the Host property, the Host may, in compliance with applicable law and without prejudice to any other rights or remedies, enter upon and take possession of the space and Host property, and you shall be liable for all Fees, Charges, and Taxes for the duration of your Reservation. You will also be liable for all costs incurred by the Host to retake possession of the space or property, and any other losses and damages which the Host may suffer as a result of Guest’s or Invitee’s default.
- Indemnity. You agree to indemnify, defend, and hold the Host, its landlord, if applicable, and any associated parties harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your or your Invitees’ use of any service or space provided by the Host, including all space in and around the Facilities, or any violation of applicable law, this Agreement, or House Rules. Nothing contained in this Agreement shall be construed to create privity of estate or of contract between you and Host’s landlord, if applicable.
- Disclaimer. Except as provided herein, and in any House Rules, the Host is providing its space to the Guest “as is” and Host disclaims any and all other representations and warranties with respect to the Facility, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Host cannot and does not guarantee, and does not promise to Guest, any specific results from use of the space. Host does not represent or warrant that the space will meet your requirements; that the space meets applicable legal standards, or is safe and suitable for your intended use.
- Liability. In no event will Host or its Directors, Employees, Owners, Agents, Affiliates, Suppliers, or Landlords, if applicable, be liable to Guest for any party claiming through Guest, for any indirect or consequential, exemplary, incidental, special, or punitive damages, including for any lost profits, lost data, personal injury or property damage, of any nature whatsoever, arising from the Guest’s use of the space, any content or other materials on, access through, or downloaded from the Host’s e-commerce or digital properties (i.e. Website, App), even if the Host is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, and to the maximum extent permitted by applicable law, Host’s liability to Guest or any party claiming through Guest, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid for the Reservation, in the twelve (12) months prior to the initial action giving rise to the liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit. You understand that any third party technology services or suppliers are not a party to any Agreement entered into between the Guest and the Host.
- Suspension of Services. The Host may suspend or terminate the provision of services, including access to the Facility or use of the equipment in the Bay, for reasons of political unrest, strikes, terrorism, Acts of God, or other events beyond the Host’s or the Host’s landlord’s reasonable control. This Agreement shall automatically terminate if the Facility is rendered unusable as a result of a fire, other casualty or a condemnation. As between the Host and Guest, all proceeds of any condemnation award shall belong to Host and all insurance proceeds of Host shall be retained by and belong to Host. The Host may also suspend the provision of services, including access to the Facility or use of the equipment in the Bay, in the event the interior or exterior of the Facility is being renovated or repaired, in which event you will be either relocated to another space within the building, rescheduled for a later reasonable date, or refunded.
- Sublicensing. You may not sublicense, assign, or transfer any interest in this Agreement or allow any third party to use any portion of the Facility, unless otherwise expressly specified in this Agreement.
- No Lease. You acknowledge and agree that this Agreement is not a lease or any other interest in real property. It is a contractual agreement that creates a revocable License. The parties do not intend to create a lease or any other interest in real property for the benefit of Guest or Invitees through this Agreement. The Host retains legal possession and control of the space assigned to Guest pursuant to the details of the Reservation. The Host’s obligation to provide space and services to Guest is subject, in all respects, to the terms of the Host’s lease with the Host’s landlord, if applicable. This Agreement and the License granted hereunder shall terminate simultaneously with the termination of of the Host’s master lease or the termination of the operation of the Host’s Facility for any reason at no cost or penalty to Host. You do not have any rights under the Host’s lease with its landlord, if applicable. When this Agreement expires or is earlier terminated, your license to occupy the Space shall automatically be revoked. You agree to remove your personal property and leave the Facility as of the date and time of such expiration or termination. The Host is not responsible for your personal property left in any part of the Facility after expiration or termination, upon the End Time of the Reservation. If you fail to remove your personal property, at the Host’s option, such personal property shall (a) be deemed conveyed to the Host and shall become property of the Host, or (b) be removed from the Facility by the Host at the Guest’s expense.
- No Broker. You represent that you have dealt with no broker in connection with this Agreement. You agree to indemnify, defend and hold the Host harmless from any claims of brokers claiming to have represented you in connection with this Agreement.
- Subordination. This Agreement and any applicable House Rules are subordinate to any underlying lease, mortgage, deed of trust, ground lease, or other lien now or subsequently arising upon the Facility and to renewals, modifications, refinancings, and extensions thereof, including the Host’s lease with the Host’s landlord and to any other agreements to which the Host’s lease is subordinate.
- Jurisdiction. This Agreement shall be interpreted and enforced in accordance with the laws of the state or commonwealth in which the Facility for which the Reservation is made, is located.