Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between ATX Golf Performance ("Company," "we," "us," or "our"), and each person who accesses, books, purchases, participates in, or uses the Services ("you" or "your"). If the participant is under 18, "you" also includes the parent or legal guardian who books, purchases, or permits participation.

1. Company Information; Scope; Electronic Acceptance

ATX Golf Performance provides Services through www.atxgolfperformance.com, app.atxgolfperformance.com, in-person and virtual coaching, digital tracking tools, text and email communications, and facilities operated or used by the Company.

Agreement by Booking or Use. By booking a session, purchasing a package or program, creating or using an account, checking an acceptance box, clicking an acceptance button, submitting payment, or otherwise using the Services after being presented with or given access to these Terms, you acknowledge that you had a reasonable opportunity to review them and agree to be legally bound. If you do not agree, do not book, purchase, participate in, or use the Services.

Electronic Records. Your electronic action constitutes your electronic signature to the fullest extent permitted by law. We may retain records of acceptance and use, including the applicable version of these Terms, date and time, account information, transaction information, device or browser information, IP address, and payment records.

Incorporated Documents. These Terms incorporate any applicable booking confirmation, enrollment page, order form, payment authorization, privacy policy, waiver, consent, facility rule, and written program description. If a specific written program or order term conflicts with these general Terms, the more specific term controls only for that subject.

2. Services Provided

• Private and group golf instruction
• Junior development programs
• Performance training and practice planning
• Biomechanical, swing, video, and performance analysis
• Fitness-related instruction and mobility guidance
• Digital performance tracking and analytics
• Virtual and between-session coaching
• Tournament preparation and recruiting-related education
• Messaging, SMS, email, and app-based communications

Educational Nature. All Services are educational and instructional. We do not provide medical care, physical therapy, rehabilitation, mental-health treatment, legal advice, academic counseling, athlete-agent services, or guaranteed recruiting placement.

Junior Development Programs. We may offer recurring junior programs currently identified as Prospect, Recruit, and Committed. Program features may include scheduled in-studio coaching, video review, practice planning, performance-data analysis, progress tracking, tournament preparation, recruiting education, messaging, calls, and other between-session coaching. The applicable booking or enrollment page identifies the selected program, current price, and principal included Services.

Operational Discretion. We retain professional and operational discretion over coaching methods, drills, curriculum, technology, progress measurements, scheduling procedures, facilities, and delivery methods. We may reasonably modify, replace, or substitute coaches, software, technology, reporting methods, exercises, facilities, or program components, provided we continue to offer substantially comparable core Services.

3. Eligibility; Minors; Parent Responsibility

Eligibility. You must be at least 18 years old or participate with the authorization of a parent or legal guardian.

Parent Authority. A person booking or purchasing for a minor represents and warrants that the person is the minor's parent or legal guardian, has authority to enroll the minor, and accepts these Terms both individually and on behalf of the minor to the fullest extent permitted by law.

Personal Responsibility. The parent or guardian is personally responsible for all fees, payment obligations, accurate health and emergency information, the minor's conduct, compliance with safety and communication rules, and supervision outside scheduled Company sessions.

Disputed Authority. The parent or guardian will defend, indemnify, and hold the Released Parties harmless from claims, losses, or disputes arising from a false or contested representation that the person had authority to enroll or consent for the minor, except to the extent prohibited by law.

4. Assumption of Risk

PLEASE READ CAREFULLY. GOLF INSTRUCTION, FITNESS ACTIVITY, SIMULATOR USE, AND INDEPENDENT PRACTICE INVOLVE INHERENT AND OTHER RISKS, INCLUDING SERIOUS INJURY, PROPERTY DAMAGE, DISABILITY, AND DEATH.

• Being struck by a golf ball, club, equipment, or another participant
• Equipment malfunction, ricochet, broken equipment, or simulator-related incidents
• Slipping, tripping, falling, collisions, and unsafe surfaces
• Muscle strain, sprain, tear, overuse injury, concussion, or aggravation of a pre-existing condition
• Activities performed at home, at a course, at school, at a tournament, or at a third-party facility based on coaching recommendations
• Acts or omissions of other participants, spectators, facility operators, vendors, or other third parties
• Weather, transportation, travel, internet failure, data error, and other circumstances outside Company control

Voluntary Assumption. You knowingly and voluntarily assume all risks, known or unknown, foreseeable or unforeseeable, associated with participation in or use of the Services, including risks arising while independently performing drills, exercises, practice assignments, mobility work, or equipment recommendations at any location.

Independent Safety Assessment. You and the participant are responsible for determining whether the location, equipment, weather, physical condition, supervision, and surrounding circumstances are safe before performing any activity.

5. Release and Waiver of Liability

IMPORTANT RELEASE OF CLAIMS AND WAIVER OF ORDINARY NEGLIGENCE.

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, YOU, FOR YOURSELF AND, TO THE EXTENT LEGALLY PERMITTED, THE MINOR PARTICIPANT, RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ATX GOLF PERFORMANCE, AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, COACHES, CONTRACTORS, AFFILIATES, LANDLORDS, FACILITY OPERATORS, EQUIPMENT PROVIDERS, VENDORS, INSURERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FOR CLAIMS ARISING FROM OR RELATING TO THE SERVICES, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, PREMISES LIABILITY, NEGLIGENT INSTRUCTION OR SUPERVISION, EQUIPMENT FAILURE, THIRD-PARTY CONDUCT, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, OR DEATH.

Excluded Conduct. This release does not apply to gross negligence, willful misconduct, or another claim that cannot legally be released.

Material Term. You acknowledge that this waiver is a material condition of participation and that the Company would not provide the Services on the same terms without it.

6. Health, Medical Disclosure, and Emergencies

No Medical Services. We are not medical professionals and do not diagnose or treat medical conditions. Fitness, mobility, strength, conditioning, mental-game, and nutrition-related guidance is general educational information only.

Participant Representation. You represent that the participant is physically able to participate and will obtain appropriate professional clearance when needed. The participant must stop immediately and notify a coach upon experiencing pain, dizziness, numbness, breathing difficulty, or other concerning symptoms.

Required Disclosure. The parent or participant must disclose known injuries, restrictions, allergies, relevant medications, medical conditions, developmental or behavioral concerns, and physician restrictions that could reasonably affect safe participation. We may rely on information supplied and are not responsible for an undisclosed or inaccurately described condition.

Company Authority. We may stop or modify an activity, require medical clearance, or refuse participation whenever we reasonably consider participation unsafe.

Emergency Authorization. In an apparent emergency, you authorize us to contact emergency services and obtain reasonable emergency assistance. You are responsible for all resulting medical, transportation, and emergency-service costs.

7. No Performance, Recruiting, or Scholarship Guarantee

No Guaranteed Outcome. We do not guarantee score reduction, handicap improvement, swing changes, tournament results, rankings, selections, recruitment, admission, roster placement, playing time, scholarship, financial aid, professional advancement, or any other specific result.

Factors Outside Control. Results depend on ability, effort, attendance, practice, physical condition, implementation of recommendations, academic performance, eligibility, competition, third-party decisions, and other circumstances outside our control.

Recruiting Services. Recruiting-related Services are educational and may include profile development, video organization, statistics review, communication guidance, and general information. We are not a college, admissions office, scholarship provider, athlete agent, or representative of any school or athletic program. The participant and parent remain responsible for compliance with school, UIL, NCAA, NAIA, NJCAA, conference, tournament, and eligibility rules.

Basis of Fees. Program fees are charged for Services made available and performed, not for any particular improvement, selection, scholarship, or third-party outcome.

8. Scheduling; Attendance; Included Services

Appointment Availability. Sessions are subject to coach, facility, equipment, and technology availability. Enrollment does not guarantee a particular coach, recurring appointment time, simulator bay, facility, or tournament-time availability unless confirmed in writing.

Customer Responsibility. You are responsible for timely scheduling, attendance, transportation, technology access, accurate submissions, completion of assignments, and informing us of relevant tournament schedules and restrictions.

Availability Rather Than Guaranteed Usage. Program fees compensate us for reserving coaching capacity and making the applicable Services available during the billing period. Fees are not calculated solely by the number of sessions, messages, videos, calls, or benefits actually used.

Expiration of Benefits. Failure to schedule, attend, submit videos or information, respond to communications, complete assignments, or use online coaching does not reduce the program fee or create a right to a refund, credit, rollover, extension, or make-up. Unless expressly stated otherwise, unused recurring-program benefits expire at the end of the applicable billing period.

Late Cancellation and No-Show. At least 24 hours' notice is required to cancel or reschedule a scheduled session. A late cancellation or no-show may be treated as used and forfeited without refund or replacement, except where we agree otherwise or applicable law requires otherwise.

Company Cancellation. If we cancel a scheduled session, our obligation is limited to a reasonable replacement session or account credit, subject to availability.

9. Coach Assignment and Substitution

Enrollment With Company. Enrollment is with ATX Golf Performance, not with any individual coach.

Reassignment Right. We may assign, substitute, remove, or reassign a coach at any time based on staffing, scheduling, specialization, availability, conflicts, safety, performance, business needs, or the participant's interests.

No Automatic Refund. A coach's resignation, termination, illness, vacation, reassignment, or unavailability does not constitute a breach or create an automatic right to cancel, withhold payment, charge back fees, or receive a refund if we offer substantially comparable Services.

10. Between-Session and Online Coaching

Scope. Between-session coaching may include messaging, submitted-video review, practice-plan updates, data review, calls, tournament preparation, and progress feedback.

Not Unlimited or Immediate. Online coaching is not an unlimited, continuously monitored, emergency, or on-demand service. Unless expressly stated otherwise, responses are provided during normal business hours within a commercially reasonable period. Submission of a message, video, statistic, or request does not guarantee an immediate response, live call, comprehensive analysis, or same-day review.

No Emergency Use. The app, SMS, email, and messaging Services are not monitored 24 hours a day and must not be used for emergencies. Call 911 or obtain immediate professional assistance for an emergency.

11. Communications With Minor Participants

Approved Channels. Coaching communications with a minor must use Company-approved channels and remain professional and related to coaching, scheduling, performance, tournaments, recruiting, safety, or administration.

Open and Transparent Communications. A parent, guardian, another adult family member, or another authorized adult should be included in or have access to one-on-one electronic communications between a coach and a minor. Parents and participants agree not to request or encourage secret, disappearing, or unauthorized communications.

Monitoring and Records. To the extent permitted by law, we may monitor, record, review, preserve, and disclose work-related or program-related communications for safety, supervision, training, quality control, compliance, dispute resolution, and protection of participants and the Company.

Reporting Concerns. Parents and participants must promptly report inappropriate communications, suspected misconduct, threats, harassment, or safety concerns to info@atxgolfperformance.com.

12. Digital Platform; Accounts; User Content

Platform Functions. The app and related systems may provide messaging, scheduling, performance tracking, video storage, analytics, and account administration.

Availability Disclaimer. We do not guarantee uninterrupted, secure, error-free, or permanent availability. We are not responsible for outages, data loss, cyberattacks, hacking, unauthorized access, vendor failures, or events beyond our reasonable control, subject to applicable law.

Account Security. You are responsible for protecting login credentials and for activity under your account. Notify us promptly of suspected unauthorized access. We may suspend or restrict access to protect users, the Company, or the Services.

User Content License. You retain ownership of messages, videos, images, and other content you submit ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze, transmit, display, and use User Content as reasonably necessary to provide, secure, document, administer, and improve the Services; train and supervise staff; respond to disputes; and comply with law.

Rights in Submitted Content. You represent that you have the rights and permissions necessary to submit User Content and that it does not violate law or third-party rights. We may remove content that violates these Terms or creates legal, safety, or reputational risk.

Backups and Retention. We do not guarantee indefinite retention or preservation. You are responsible for backups of content you wish to preserve. We may retain account, coaching, communication, payment, acceptance, waiver, and performance records for legitimate business, safety, legal, insurance, and dispute-resolution purposes.

13. Video, Performance Data, Technology, and Media

Required Coaching Use. You authorize us to record, store, reproduce, transmit, review, and analyze the participant's swing, movement, voice, session activity, communications, coaching history, and performance data for instruction, safety, quality control, staff training, documentation, program administration, and dispute resolution.

Technology and Automated Analysis. We may use launch monitors, video-analysis platforms, artificial-intelligence-assisted tools, analytics, scheduling systems, communication systems, and third-party processors. Automated outputs may be incomplete or inaccurate and are coaching aids only, not medical diagnoses or guarantees.

Marketing Use. We may use adult participant photos, videos, testimonials, and non-sensitive performance highlights for marketing unless the adult participant opts out in writing before publication. We will not knowingly use an identifiable minor's name, image, likeness, voice, or testimonial in new public marketing after receiving a written opt-out from the parent or guardian. Removal requests apply prospectively and do not require recall of materials already lawfully published or distributed.

Biometric Notice. We may analyze swing video, motion, and performance metrics for coaching. We do not use facial recognition or voiceprints to identify participants and do not sell biometric identifiers. If our practices materially change, we will provide additional notice and obtain consent where required.

14. Payment Terms; Recurring Billing

Payment Authorization. By submitting payment information or completing a booking or enrollment, you authorize us and our payment processor to charge all amounts displayed or otherwise agreed for the selected Service, including recurring charges, taxes, approved add-ons, late fees, and other permitted amounts.

Recurring Monthly Billing. Unless otherwise stated, a recurring junior program continues and renews automatically each month until canceled in accordance with Section 15. By completing the initial program booking or payment, you authorize recurring charges at the disclosed price and frequency to the payment method on file.

Annual Prepayment. If you select an annual prepaid option, the discounted annual amount is charged in advance in exchange for reserved capacity and discounted pricing. Except where required by law or expressly stated otherwise, annual prepayments are nonrefundable after Services commence. If we approve an early cancellation, we may recalculate used months and Services at the then-current undiscounted rate and deduct nonrecoverable costs before issuing any discretionary remainder.

Failed Payments. You must maintain a valid payment method. We may suspend sessions, scheduling privileges, online access, and participation after a declined or overdue payment. Suspension does not eliminate amounts already due or recurring charges properly incurred before effective cancellation.

Prospective Price Changes. We may change prices prospectively after reasonable notice. A change will not alter amounts already paid or earned. Continued participation after the effective date constitutes acceptance of the new price to the extent permitted by law.

No Setoff. You may not withhold, deduct, or offset amounts due because of a complaint or dispute unless required by law or agreed by us in writing.

15. Program Cancellation; Pauses; Refunds

Monthly Program Cancellation. Unless a specific enrollment term states otherwise, recurring monthly junior programs require 30 days' advance written notice of cancellation. Notice must be sent to info@atxgolfperformance.com or through another cancellation method we designate. Verbal notice to a coach or staff member does not constitute cancellation.

Charges During Notice Period. Cancellation is prospective. Charges scheduled during the 30-day notice period remain due, and the participant may continue to receive available Services during that period. Cancellation does not create a refund of amounts already charged, earned, or attributable to reserved capacity.

No Automatic Cancellation. Nonattendance, failure to schedule, school activities, vacations, tournament travel, temporary injury, loss of interest, failure to use online coaching, or dissatisfaction with progress does not automatically pause or cancel billing.

Pauses. A pause is permitted only if approved by us in writing. We may impose duration limits, availability conditions, administrative charges, or a restart date. Approval on one occasion does not create a future right to pause.

Refunds. Payments are nonrefundable once the applicable Service period begins, except where required by law or expressly approved by us. Any discretionary credit or refund does not waive these Terms or create an obligation to grant another credit or refund.

Company Termination Without Customer Fault. If we permanently discontinue a prepaid Service without customer fault and do not offer a substantially comparable substitute, our obligation is limited to an account credit or refund of the unused prepaid portion, at our reasonable election and subject to applicable law.

16. Payment Disputes and Chargebacks

Notice First. Before initiating a payment dispute or chargeback, you agree to contact us and provide a reasonable opportunity to investigate and resolve the issue.

Effect of Chargeback. A chargeback does not itself cancel enrollment or eliminate amounts properly owed. We may immediately suspend Services and account access upon receiving notice of a payment dispute or chargeback.

Improper Chargeback. If a chargeback is denied, reversed, or determined to have been improperly submitted, you remain responsible for the original amount and any reasonable processor fees, collection costs, and other amounts recoverable under applicable law.

Nonwaivable Rights. Nothing in this Section prevents exercise of a right that cannot legally be waived.

17. Conduct; Safety; Removal; Parent Noninterference

Conduct Standards. Participants and parents must act respectfully, follow instructions and facility rules, and refrain from threats, harassment, abuse, dishonesty, unsafe behavior, intentional damage, unauthorized recording, interference with other clients, or conduct that reasonably creates safety, legal, operational, or reputational risk.

Parent Boundaries. We may establish reasonable boundaries for session observation, communications with coaches, response times, access to instructional areas, and involvement in coaching decisions. Parents may not interfere with instruction, intimidate staff, or disrupt business operations.

Removal and Refusal of Service. We may end a session, remove a person, restrict facility or platform access, or refuse Service immediately when we reasonably believe conduct is unsafe, disruptive, abusive, unlawful, or materially inconsistent with these Terms. A forfeited session is not refundable except where required by law.

18. Facility, Equipment, and Personal Property

Personal Property. You are responsible for clubs, devices, vehicles, and other property. We are not liable for theft, loss, or damage except to the extent caused by conduct for which liability cannot legally be limited.

Damage. You are responsible for damage caused by intentional, reckless, or rule-violating conduct of you or the participant, including reasonable repair or replacement costs.

Third-Party Facilities. When Services occur at a third-party location, you must comply with that facility's rules and assume risks arising from conditions outside our control.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS. WE DO NOT WARRANT THAT SERVICES, TECHNOLOGY, COMMUNICATIONS, DATA, OR RECOMMENDATIONS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPLETE, OR SUITABLE FOR EVERY PARTICIPANT.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, OPPORTUNITIES, SCHOLARSHIPS, DATA, USE, OR GOODWILL; OR EMOTIONAL DISTRESS, EVEN IF ADVISED OF THE POSSIBILITY. THE COMPANY'S AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR THE AFFECTED SERVICES DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Mandatory Exceptions. These limitations do not apply to liability that cannot legally be excluded or limited.

21. Indemnification

Customer Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify, and hold the Released Parties harmless from third-party claims, losses, liabilities, damages, judgments, penalties, and reasonable attorneys' fees arising from: your or the participant's conduct; violation of these Terms or facility rules; false information or lack of authority; infringement or unlawful User Content; injury or damage caused by you or the participant; or misuse of the Services, facilities, equipment, accounts, or communications. This obligation does not require indemnification for a Released Party's gross negligence or willful misconduct where prohibited by law.

22. Suspension and Termination

Company Rights. We may suspend, restrict, or terminate Services immediately for nonpayment, chargebacks, safety concerns, harassment, threats, abusive or disruptive conduct, dishonesty, inappropriate communications, violation of minor-safety rules, damage, misuse of technology, unauthorized commercial use, objectively reasonable reputational concerns, or another material breach.

Amounts Due. Termination does not eliminate payment obligations or compensation for Services provided, periods commenced, capacity reserved, or amounts otherwise earned before the effective termination date.

Effect on Access. Upon termination, we may disable accounts, cancel future sessions, revoke facility access, and preserve records as reasonably necessary for legal, safety, insurance, or business purposes.

23. Intellectual Property and Restricted Use

Company Property. The Services, software, branding, curriculum, drills, practice plans, assessments, templates, reports, training materials, videos, systems, methods, and design elements are owned by us or our licensors and protected by law.

Limited License. We grant the enrolled participant a limited, revocable, nonexclusive, nontransferable license to use provided materials for personal, noncommercial training only.

Restrictions. You may not copy, publish, distribute, sell, sublicense, reverse engineer, scrape, create derivative works from, use to train a competing coach or system, or commercially exploit Company materials or Services without written permission.

24. Copyright Policy (DMCA)

If you believe content on the Services infringes your copyright, send a notice to info@atxgolfperformance.com identifying the copyrighted work, the allegedly infringing material and location, your contact information, a good-faith statement that the use is unauthorized, and a statement under penalty of perjury that the notice is accurate and you are authorized to act. We may remove content and terminate repeat infringers where appropriate.

25. Third-Party Services; Force Majeure

Third Parties. We may rely on payment processors, SMS providers, hosting companies, analytics tools, video platforms, facility operators, and other vendors. We are not responsible for third-party acts, omissions, terms, privacy practices, outages, or interruptions beyond our reasonable control.

Force Majeure. We are not liable for delay, cancellation, interruption, or failure caused by weather, natural disaster, fire, flood, epidemic, pandemic, government action, labor disruption, power or internet failure, equipment failure, landlord or facility issue, vendor failure, civil disturbance, or another event beyond reasonable control. We may reschedule, substitute delivery, or issue an account credit at our discretion.

26. SMS and Electronic Communications

Service Communications. By providing contact information, you consent to receive transactional and service-related communications by email, SMS, phone, app, or other electronic means. Message and data rates may apply. Electronic communications satisfy any legal requirement that communications be in writing to the extent permitted by law.

Marketing Messages. Where required, marketing messages are sent only with applicable consent. You may opt out of SMS by replying STOP. Opting out of marketing does not prevent essential account, safety, billing, or service communications where legally permitted.

Delivery. We are not responsible for carrier delays, blocked messages, outdated contact information, or failure to review communications. You must keep contact information current.

27. Arbitration Agreement; Class Action and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.

Informal Resolution. Before filing arbitration, you must send a written Notice of Dispute to info@atxgolfperformance.com stating your name, account contact information, the facts, and requested relief. The parties will attempt in good faith to resolve the dispute for 30 days.

Binding Arbitration. Except for an individual small-claims action and a request for temporary or injunctive relief concerning unauthorized access, safety, confidentiality, intellectual property, or misuse of the Services, any dispute arising from or relating to the Services, these Terms, booking, payment, participation, or the parties' relationship will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. Arbitration will occur in Austin, Texas, unless applicable rules or law require otherwise.

INDIVIDUAL PROCEEDINGS ONLY. YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, TO THE EXTENT PERMITTED BY LAW.

Fees and Attorneys' Fees. Fees will be allocated under applicable AAA rules and law. Each party bears its own attorneys' fees unless a statute, rule, contract, or arbitrator permits an award.

Survival and Severability. This Section survives termination. If the class-action waiver is unenforceable as to a particular claim, that claim will proceed in court and the enforceable remainder will continue to apply.

28. Governing Law; Venue

Law. Texas law governs without regard to conflict-of-law rules.

Court Venue. For matters not subject to arbitration, exclusive venue lies in the state or federal courts serving Travis County, Texas, except where applicable law requires another forum.

29. Limitations Period

Contractual Period. To the maximum extent permitted by law, any claim arising from or relating to the Services must be commenced within one year after the event giving rise to the claim, or it is permanently barred. This does not apply where a shorter or longer period is legally mandatory or where contractual shortening is prohibited.

30. Changes to Terms and Services

Prospective Changes. We may update these Terms prospectively by posting a revised version and changing the "Last updated" date. We may also provide notice by email, account message, SMS, booking page, or another reasonable method.

Acceptance of Changes. Your booking, purchase, participation, or continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law. Material changes will not retroactively reduce rights or alter amounts already accrued.

Services and Programs. We may prospectively add, remove, rename, or modify Services, programs, prices, schedules, policies, and technology. Previously purchased fixed Services remain governed by the terms applicable when purchased unless otherwise agreed or legally permitted.

31. Severability; Waiver; Assignment

Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective.

No Waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

Assignment. You may not assign or transfer rights or obligations without our written consent. We may assign these Terms to an affiliate, successor, purchaser, or entity acquiring all or part of the business or assets.

32. Entire Agreement; Order of Precedence

Entire Agreement. These Terms and the incorporated documents constitute the complete agreement concerning the Services and supersede prior or contemporaneous statements on the same subject.

Order of Precedence. If documents conflict: (1) a separately accepted liability waiver or parent consent controls for liability, risk, and permissions; (2) a specific booking, order, or enrollment term controls for selected Service, price, duration, and cancellation; (3) the Privacy Policy controls for data-handling disclosures; and (4) these Terms control in all other respects.

No Oral Modification. A coach or staff member cannot orally modify these Terms, waive payment, guarantee results, promise a refund, or bind the Company to a special arrangement unless confirmed in writing by an authorized Company representative.

33. Contact

Questions, notices, cancellation requests, or disputes should be sent to: info@atxgolfperformance.com