Terms and Conditions
Last updated: November 2, 2024
1. Introduction Welcome to ATX Golf Performance ("we," "us," or "our"). By using our website (www.atxgolfperformance.com) or booking any of our services, you agree to comply with and be bound by these terms and conditions. Please read them carefully. These terms and conditions apply to online, offline, and in-person golf lessons.
2. Services Provided ATX Golf Performance, based in Austin, Texas, provides golf coaching, performance training, and related services to golfers of all skill levels. These services include, but are not limited to, individual coaching sessions, group classes, virtual training, and performance assessments. All services are subject to availability and may change without prior notice. Any changes to services will be communicated via email or website updates.
3. Eligibility Our services are available to individuals 18 years and older. If you are under 18, parental consent is required for booking and participation in any training or coaching services. It is the responsibility of the parent or guardian to supervise participation for clients under 18.
4. Payment and Booking Payment for all services must be made in full at the time of booking unless otherwise specified. We accept major credit cards and payments via our online portal. All bookings are confirmed only after receipt of payment. Payment cards (credit or debit) are subject to validation checks and authorization by your card issuer. If such authorization fails, the booking will not be confirmed.
5. Lesson Package Expiration Lesson packages must be used within three months from the date of the last scheduled lesson. If a package of lessons has not been used within this timeframe (i.e., no lessons have been booked or attended within three months after the last booking), the remaining lessons will expire. For the purposes of this policy, a package of lessons is treated as a single service, and no refunds will be provided for expired packages.
6. Cancellation and Refund Policy
Client Cancellations: Clients may cancel or reschedule any booking with at least 24 hours' notice. If less than 24 hours' notice is given, clients will forfeit the lesson and will be charged 100% of the booking cost. No-shows will be charged the full session cost. Clients will receive a confirmation of successful cancellation via email.
Company Cancellations: If we need to cancel or reschedule a session, clients will be notified as soon as possible and given the option to reschedule.
Refund Policy: Refunds will be provided for services before they commence. However, once services, including a package of lessons, have started, there will be no refund. For purposes of this policy, a package of lessons is considered a single service. Once a package has commenced (i.e., any lesson within the package has been taken), there will be no refund for any remaining lessons. This includes all forms of services provided as part of the package, whether scheduled or yet to be scheduled.
7. Waiver and Release of Liability
Waiver of Claims: By participating in any activities or services provided by ATX Golf Performance, you hereby waive, release, and discharge ATX Golf Performance, its employees, agents, and contractors, from any and all claims, liabilities, damages, or expenses resulting from any injury, loss, or damages arising from participation in our services. This waiver applies regardless of whether the injury or loss is due to negligence, omission, or any other cause attributable to ATX Golf Performance.
Assumption of Risk: You acknowledge that golf training, fitness activities, and other related services involve inherent risks, including, but not limited to, physical injury, strains, sprains, and other health-related complications. By using our services, you voluntarily assume all risks associated with participation and agree to use caution and care when undergoing training.
Acknowledgment of Understanding: You acknowledge that you have read this waiver, fully understand its terms, and understand that you are giving up substantial rights, including the right to sue. You acknowledge that you are signing this waiver freely and voluntarily.
8. Code of Conduct We expect all clients to conduct themselves respectfully during sessions, both in person and online. Any form of abusive, discriminatory, or disruptive behavior will result in immediate termination of services without a refund. Clients may appeal this decision by contacting us directly, and each case will be reviewed individually.
9. Intellectual Property All content on our website, including text, images, videos, and other materials, is the property of ATX Golf Performance. You may not reproduce, distribute, or use any content without express written permission. Any trademarks, service marks, or trade dress owned by ATX Golf Performance may not be used without our prior written consent.
10. Privacy Policy We respect your privacy and are committed to protecting your personal information. Please refer to our [Privacy Policy] for more details on how we collect, use, and protect your data. The Privacy Policy is an integral part of these terms.
11. Changes to Terms ATX Golf Performance reserves the right to modify these terms and conditions at any time. Any changes will be posted on our website, and continued use of our services constitutes acceptance of these changes. For material changes, we will provide reasonable prior notice of at least 30 days.
12. Governing Law These terms and conditions are governed by and construed in accordance with the laws of the State of Texas. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts located in Austin, Texas. We encourage clients to first try to resolve any disputes informally by contacting us directly.
13. Termination We may terminate or suspend your access to our services immediately, without prior notice or liability, if you breach any provision of these terms and conditions. Upon termination, your right to use the services will cease immediately.
14. Health and Safety Protocols
Health Requirements: All clients are expected to be in good health when participating in in-person lessons. If a client is feeling unwell or has any symptoms of a contagious condition, they must reschedule their session. ATX Golf Performance reserves the right to deny participation if health concerns arise.
Safety Compliance: Clients must comply with all safety guidelines provided by the instructors during in-person lessons. Failure to comply may result in termination of the session without a refund.
15. Force Majeure ATX Golf Performance is not liable for any failure to fulfill its obligations due to events beyond our reasonable control, including but not limited to natural disasters, extreme weather, public health emergencies, or government actions. In the event of such circumstances, affected sessions may be rescheduled, but no refunds will be provided.
16. Equipment Liability
Client-Provided Equipment: Clients are responsible for the maintenance and safety of any personal equipment used during lessons. ATX Golf Performance is not liable for any damage to personal equipment that occurs during training sessions.
Company-Provided Equipment: Any equipment provided by ATX Golf Performance must be used responsibly. Clients are liable for any damage caused to company property due to misuse or negligence.
17. No Guarantees of Improvement While we strive to help clients improve their golf performance, we do not guarantee specific results. Progress depends on individual factors including effort, physical condition, and adherence to coaching advice.
18. Photo and Video Release By participating in our services, clients consent to be photographed or recorded during training sessions. These images or videos may be used by ATX Golf Performance for promotional purposes, including on our website and social media. If a client does not wish to be recorded, they must inform us in writing prior to the session.
19. Indemnification You agree to indemnify and hold harmless ATX Golf Performance, its employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of our services, including any injury or loss resulting from failure to follow instructions or safety protocols.
20. Severability If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This ensures that if one part of the agreement is void, the rest is still enforceable.
21. Entire Agreement These terms and conditions, along with any other agreements explicitly referenced herein, constitute the entire agreement between you and ATX Golf Performance regarding your use of our services and supersede any prior agreements or understandings, written or oral.
22. Contact Us If you have any questions about these terms, please contact us at coach@atxgolfperformance.com.