Terms & Conditions | Fore One Nine

This Terms of Use and Space Rental License Agreement (this “Agreement”) is entered into as of the time the reservation is requested and purchased by the customer(s) (the “Guest”) and between Fore One Nine Golf Club, LLC (the “Host”) for the Guest’s use of space, services, and equipment at the Fore One Nine facility located at 2300 Bright Road, Suite B, Findlay, OH 45840 (the “Facility”).

By proceeding with a reservation, you, the Guest, represent that you are at least 18 years of age, that you have read and understood this entire Agreement, and that you agree to be legally bound by its terms on behalf of yourself and all of your invitees. You further agree that any invitee under the age of 18 will be accompanied and supervised by a responsible adult at all times while at the Facility.

1. Assumption of Risk

You acknowledge that your use of the Facility is voluntary. You understand that participation in the activities offered, including but not limited to indoor golf, involves inherent risks, including the risk of personal injury, property damage, illness, or death. These risks may arise from your own actions or inactions, the actions or inactions of others, the condition of the Facility, or the use of equipment.

You further acknowledge that the Facility is an unstaffed, 24/7, self-service establishment, which presents unique risks. You are solely responsible for your own safety and the safety of your invitees.

You voluntarily and expressly assume all risks associated with your participation and presence at the Facility.

2. License and Use

Subject to the terms of this Agreement, the Host grants you a non-transferable license (the “License”) to occupy and use the specific golf simulator bay (“Bay”) designated in your reservation, for the duration of your paid reservation only. You agree to use the Facility and its equipment only for their intended purpose. You shall not use the Facility for any illegal, immoral, or objectionable purpose, nor shall you permit any nuisance, waste, or disturbance of other guests.

3. Good Care and Damage to Facilities

You agree to take good care of the Facility, including all equipment, furnishings, and property. At the end of your reservation, you must leave the Bay in the same clean and orderly condition in which you found it.

You agree to pay for any and all damage to the Facility, its equipment, and any third-party property inside or outside of the Facility caused by your or your invitees’ careless, negligent, reckless, or willful acts. You must notify the Host of any damage immediately.

4. Alcohol and Food Policy

The Facility operates on a bring your own beverage (“BYOB”) basis. The Host does not provide, sell, or serve alcoholic beverages.

Sole Responsibility: You acknowledge that you are solely responsible and liable for the consumption of alcohol by yourself and your invitees. Should you provide alcohol to any invitee, you are solely responsible for any and all damages they may suffer or cause to third parties.
Responsible Consumption: You agree to drink responsibly, to not drive under the influence of alcohol, and to ensure your invitees do the same.
No Underage Drinking: You affirm that you will not provide or make alcohol available to anyone under the age of 21. You are solely responsible for verifying the age of your invitees and for any damages that result from underage consumption.
No Liability: The Host assumes no responsibility or liability for any injury, illness, accident, or damages related to the consumption of alcohol at, or after leaving, the Facility.
Cleanup: You are responsible for cleaning up all food and beverages and disposing of all trash in the provided receptacles.

5. Security

You acknowledge and consent to the use of security cameras capturing both video and audio throughout the Facility for security and safety purposes. You agree that the Host may use this footage to investigate any incidents, prove any wrongdoing on your part or the part of your invitees, and to enforce the rules of this Agreement.

6. Medical Authorization

In the event of an injury to you or any of your invitees, you grant the Host permission to arrange for necessary medical treatment, for which you shall be financially responsible.

7. Release and Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, save, and hold harmless Fore One Nine Golf Club, LLC, its members, managers, employees, and agents from and against any and all losses, liabilities, claims, demands, actions, causes of action, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your or your invitees’ use of the Facility. This includes, but is not limited to, claims related to:

Personal injury, illness, or death;
Property damage;
The use or consumption of alcoholic beverages, whether caused by the negligence of the Host or otherwise;
Travel to or from the Facility.

This indemnification obligation shall apply whether or not it is claimed or found that any liability resulted in whole or in part from the negligence of the Host.

8. Weapons Prohibited

The Host, as a private property owner, prohibits the presence of firearms and all other weapons on the Facility premises, as defined in the full terms, regardless of license or permit. This does not apply to firearms lawfully stored inside a locked, private motor vehicle.

9. Dispute Resolution, Binding Arbitration, and Class Action Waiver

Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of Ohio, without regard to its conflict of law principles.

Mandatory Arbitration. You and Fore One Nine Golf Club, LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Facility (collectively, “Disputes”), will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect. For any claim where the total amount in controversy is less than $250,000, the parties agree that the arbitration shall be conducted under the AAA’s Expedited Procedures, to the extent available and applicable under the Consumer Arbitration Rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be held in Hancock County, Ohio, unless you and the Host otherwise agree in writing.

Class Action and Jury Trial Waiver. You and the Host each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. You and the Host agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and the Host each waive any right to a jury trial.

10. General Provisions

Cancellation: Cancellations made less than 12 hours prior to the reservation start time are not eligible for refund.

No Lease: This Agreement creates a revocable license and not a lease or other interest in real property.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

Entire Agreement: This Agreement constitutes the entire agreement between the Guest and the Host and supersedes all prior agreements. The Host reserves the right to amend this Agreement at any time.

2300 Bright Rd, Findlay, OH 45840