Membership Agreement

MEMBERSHIP AGREEMENT

This agreement (“Agreement”) sets forth the terms and conditions of your membership as a member (“Member”) of Urban Fairways Singapore (“Urban Fairways”). If you have any questions, please feel free to consult any member of our staff for assistance.

 

I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS AND POLICIES OF THIS MEMBERSHIP AGREEMENT. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH URBAN FAIRWAYS. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS INTERRUPTED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF INTERRUPTION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED. THIS AGREEMENT IS THE ENTIRE AGREEMENT, AND NO VERBAL OR OTHER AGREEMENTS HAVE BEEN MADE TO ALTER THE TERMS OF THIS AGREEMENT.

 

URBAN FAIRWAYS MEMBERSHIP TERMS AND CONDITIONS

MEMBERSHIPS: Urban Fairways currently offers a variety of memberships. These memberships will collectively be referred to as “Monthly Memberships” in this agreement.

MEMBERSHIP TERMS: If you choose a Monthly Membership, you agree that as a condition of your continued membership at Urban Fairways you authorize Urban Fairways or its agent to charge your Payment Card the Monthly Membership Fee (plus applicable taxes), in effect from time to time and which may change, on the first day of each month, until your Monthly Membership is cancelled, as set forth in Paragraph 19 below. You agree to pay the Monthly Membership Fee (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize Urban Fairways to charge your Payment Card for any other charges you may incur associated with your Monthly Membership.

By signing up for any of our Monthly Membership options, you agree to the minimum membership requirement of 3 months from the month of subscribing before being able to terminate the membership. Members must be present for all golf bookings and are unable to book the golf simulators on behalf of non-members.
    a. BLACK – GOLF GURU MEMBERSHIP
    Black Memberships are a month-to-month membership for the convenience of the Member until terminated in accordance with this Agreement. There is a minimum membership requirement of 3 months before being able to terminate the membership plan. The cost for a Black Membership is a SGD$250 application fee and a SGD$199 monthly fee (the “Monthly Membership Fee”).
    b. GOLD – AVID GOLFER MEMBERSHIP
    Gold Memberships are a month-to-month membership for the convenience of the Member until terminated in accordance with this Agreement. There is a minimum membership requirement of 3 months before being able to terminate the membership plan. The cost for a Gold Membership is a SGD$250 application fee and a SGD$169 monthly fee (the “Monthly Membership Fee”).
    d. RED – FEMALE MEMBERSHIP
    Red Memberships are a month-to-month membership for the convenience of the Member until terminated in accordance with this Agreement. There is a minimum membership requirement of 3 months before being able to terminate the membership plan. The cost for a Red Membership is a SGD$250 application fee and a SGD$99 monthly fee (the “Monthly Membership Fee”).
    e. YELLOW – SOCIAL MEMBERSHIP
    Yellow Memberships are a month-to-month membership for the convenience of the Member until terminated in accordance with this Agreement. There is a minimum membership requirement of 3 months before being able to terminate the membership plan. The cost for a Yellow Membership is a SGD$250 application fee and a SGD$69 monthly fee (the “Monthly Membership Fee”).

    PAYMENT CARDS: You may pay by corporate check, VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card or VISA or MASTERCARD check card (check card must bear the VISA or MASTERCARD logo) for any membership. Any such credit or check card shall be referred to as the “Payment Card”. You also authorize Urban Fairways to place a pending charge to your Payment Card when you sign up for any membership and prior to each subsequent periodic charge for Monthly Membership. Pending charges are used to verify your billing address and the validity of your Payment Card, 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, however, reduce the available amount of credit on your Payment Card in the amount of SGD$1 per SGD$1 of pending charge. You also authorize Urban Fairways to charge your Payment Card for any other charges you may incur associated with your Monthly Membership, if applicable.

    PAYMENT:

    MONTHLY BILLING:

    FEES RELATING TO YOUR PAYMENT CARD.
    You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

    EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD.
    If your Payment Card reaches its expiration date, your failure to cancel your Monthly Membership constitutes authorization for Urban Fairways to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic Monthly Membership Fee, your Monthly Membership will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, Urban Fairways may attempt to charge the Payment Card the periodic Monthly Membership Fee every 10 days. If the charge is accepted, then your Monthly Membership benefits will be reinstated as of the date the charge is accepted. In order for your membership to be reinstated, you must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting your membership department. If Urban Fairways is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due Urban Fairways membership fees are paid, then your Monthly Membership benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Monthly Membership is cancelled and will be your Payment Card for all purposes. If Urban Fairways is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Monthly Membership will be terminated and you will not be able to use your membership or any associated perks at our Urban Fairways location. If Urban Fairways terminates your membership, you must immediately surrender your membership card and you will remain liable for all unpaid dues (including any Monthly Membership charges and all other charges against your account). If your membership is terminated by Urban Fairways, you will not receive a refund on any amounts paid under any type of membership.
    From time to time, Urban Fairways may avail itself of account updating services provided by the Payment Card industry, including, without limitation, VISA’s Account Updater program or MasterCard’s Automatic Billing Updater program. By enrolling in a Monthly Membership, you hereby agree and authorize Urban Fairways to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.

    SERVICE CHARGES: You agree to pay a SGD$20.00 charge (plus applicable taxes) for all rejected payments, whether by Payment Card, or Pre-Authorized/credit card auto debit system. Any arrears of dues owed to Urban Fairways will bear interest at 18% per annum (subject to applicable usury laws).
     
    MEMBER SIMULATOR GUEST RATE: Effective from January 1, 2016 onwards, all members who wish to bring guests to play golf on our simulators will be charged a Members Guest Rate of $25 per person / per visit. Members will only be charged up to a maximum of three guests (maximum of $75).

    MEMBERSHIP FREEZE: 
    Urban Fairways offers all Members the ability to temporarily suspend, or “freeze,” their Monthly Membership when they know in advance they will not be using any Urban Fairways for an extended period. A Black or Gold Membership may be placed on freeze with a 30-day written notice from a Member to Urban Fairways. During the freeze period, Members will be charged SGD$50 per month, plus applicable tax, and are not permitted to use their Monthly Membership at any Urban Fairways location. Freeze fee is not applicable toward Urban Fairways or cancellation fee and is non-refundable. Members may still visit Urban Fairways; Monthly Membership perks will not apply on these visits. A membership freeze cannot begin prior to Urban Fairways receiving written notice from the Member stating his/her intent to freeze and the intended duration of the freeze; an end-freeze date is required at the time of the request. This request can be submitted to your Membership Director via email at admin@urbanfairways.com.

    SUSPENSION/TERMINATION: Urban Fairways may suspend or terminate your membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice of such termination, with or without cause. If Urban Fairways terminates your membership, you must immediately surrender your membership card and you will remain liable for all unpaid dues (including any Monthly Membership charges and all other charges against your account). If your membership is terminated by Urban Fairways, you will not receive a refund on any amounts paid under any type of membership.

    CO-SIGNER: If a Member is under 18 years of age at the date the terms and conditions of this Agreement are accepted, a Co-signer is required. As Urban Fairways would not have agreed to enter into this Agreement without the promises of the Co-signer, the Co-signer promises to pay all amounts due to Urban Fairways under this Agreement when due, and to keep and perform all the Member's promises and agreements. The Co-signer’s promises and agreements are joint and several with the Member's promises and agreements. If more than one person signs this Agreement as Co-signer, the promises are both joint and several.

    DEFAULT: If you default on any payment due under this Agreement, Urban Fairways may declare all or any of the future payments to be made under this Agreement immediately due and payable.

    CHANGES TO POLICIES, FACILITIES, AND PROGRAM: Urban Fairways may introduce new facilities or programs from time to time, available to Members for an additional fee. Urban Fairways may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time. You acknowledge that Urban Fairways may change membership fees at any time; provided, however, that Urban Fairways will give prior notice via e-mail to Monthly Membership holders of any change to the periodic membership fees. You agree that, unless you cancel your applicable Monthly Membership prior to the effective date of the change, you will be charged the new applicable periodic Monthly Membership Fee (plus applicable taxes) on each periodic anniversary date after the effective date of such change, and you authorize Urban Fairways to charge the new periodic Monthly Membership Fee (plus applicable taxes) to your Payment Card. Urban Fairways reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at Urban Fairways does not involve an extension of credit or a retail installment sale since Urban Fairways does not impose a finance charge and you may cancel membership at any time. Void where prohibited.

    MEMBERSHIP TOKEN: You agree for lost Membership token you will pay a SGD$50.00 fee for each replacement card required, the cost of which may be changed by Urban Fairways at any time without prior notice. You agree that you will not share or loan your Monthly Membership playing card at any time.

    HOURS OF OPERATION: From time to time, Urban Fairways may make reasonable changes to the days and hours that the facility is open for business. You understand that Urban Fairways will be busier at some times than others on different days of the week.

    PICTURE IDENTIFICATION/SIGN IN: You agree to have your picture taken for Urban Fairways’ internal purposes upon joining if requested by Urban Fairways. Members and guests must check-in at the main bar upon entering Urban Fairways. Members must show their membership cards to our staff and may be required to leave their membership cards at the register and/or insert their cards into the card reader. Members may not loan their membership cards to anyone. We may require members and guests to show additional photo identification prior to admittance to Urban Fairways. Members must be in good standing (that is, paid to date) to use Urban Fairways as a Member.

    WAIVER: You understand that your use of Urban Fairways facilities will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and use of the facilities and premises (including the parking lot) and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property.
    You agree that Urban Fairways, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of you or your property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of Urban Fairways. You expressly release and discharge Urban Fairways, its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of action, notwithstanding any negligence on the part of one or more of them.

    SAFETY: By playing at any Urban Fairways facility, you agree to abide by the following safety rules, as well as other safety rules posted at the facility and/or online:
      VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance with any rules and regulations of Urban Fairways that may be posted from time to time at the facility and/or online. In the event that a Member fails to comply with said rules and regulations, Urban Fairways may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. Urban Fairways reserves the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and regulations are effective immediately.

      INJURIES: You will immediately report any accident or injury suffered in Urban Fairways’ facilities to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by Urban Fairways.

      DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear is required within the facility at all times. Bare feet are not acceptable anywhere at Urban Fairways. Inappropriate, foul and/or lewd language or behavior is not acceptable and will result in suspension of your membership.
      Members and guests are subject to the control and guidance of the Urban Fairways staff and must follow their instructions while at Urban Fairways. Members and guests agree to conduct themselves in a well-mannered fashion when in or about Urban Fairways and not cause any disturbances or interfere with the safe use or enjoyment of Urban Fairways by other members and guests.

      DAMAGE TO FACILITIES: You agree to pay for damage to Urban Fairways equipment and premises and third party property outside of Urban Fairways caused by you and/or your guests (or guests’) careless use of equipment or other intentional or negligent acts.

      TEMPORARY CLOSURE: Urban Fairways may temporarily close the facilities in its sole discretion for any reason including, without limitation, in the case of inclement weather. Members and guests are immediately required to comply with announcements and staff instructions regarding weather-related stoppages.

       

      EARLY TERMINATION BY URBAN FAIRWAYS: Urban Fairways may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by Urban Fairways from time to time. Urban Fairways may terminate this Agreement without cause if a 90-day notice is given to the Member.

      TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following:
      Memberships still in the Initial Term may be terminated with thirty (30) days written notice with a single payment equal to two (2) months membership fee plus applicable tax (the “Early Termination Fee”). If the Early Termination Fee is paid within thirty (30) days of the next regular billing date, then the next month’s dues will be billed and are payable. Monthly dues previously owing and/or already paid monthly dues will not be considered as part of the Early Termination Fee under any circumstances. A Monthly Membership past the Monthly Membership Initial Term may also be terminated with thirty (30) days written notice, however, you will be charged for any additional renewals that occur within the 30 day notice period. To cancel your Monthly Membership, contact your Membership Director via email at admin@urbanfairways.com. There are no refunds for any time period (or portions thereof) already billed or paid for.

      LIMITATION OF LIABILITY: Recovery for any breach of this Agreement by Urban Fairways is strictly limited to the amount you have paid to Urban Fairways, and you agree that recovery of incidental and consequential damages are not a remedy available to you.
       

      MISCELLANEOUS:
       
      NON WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.

      ASSIGNMENT: Urban Fairways may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Urban Fairways in this Agreement, then Urban Fairways will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your membership to another person.

      GOVERNING LAW: This Agreement is governed by the laws of Singapore.

      INVALID PROVISIONS: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.

      ENTIRE AGREEMENT & DEFINITION: This document incorporates the entire Agreement between Members and Urban Fairways. Urban Fairways reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this document.

       

       

       

      Updated: March 15, 2016