Modern Golf Terms & Conditions
Modern Golf Terms & Conditions
IMPORTANT TERMS & CONDITIONS
- YOUR PACKAGE SUBSCRIPTION AND THIS AGREEMENT WILL AUTOMATICALLY RENEW ON A CONTINUOUS MONTH-TO-MONTH BASIS AT THE END OF THE INITIAL OBLIGATION PERIOD, UNLESS CANCELLED UNDER THE TERMS OF THIS AGREEMENT.
- Please read this Agreement carefully, as it contains important information regarding your legal rights, including without limitation your release and waiver of liability, mandatory arbitration and your waiver of class relief in certain circumstances. YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002 ARE DETAILED IN THIS AGREEMENT.
BY AGREEING TO THE BELOW, I AM ACKNOWLEDGING THAT I HAVE RECEIVED, READ, UNDERSTAND, AND CONSENT TO THIS AGREEMENT AND THE FOLLOWING PACKAGE SUBSCRIPTION TERMS, INCLUDING THAT THIS AGREEMENT WILL AUTOMATICALLY CONTINUE UNTIL IT IS CANCELLED BY ME OR MODERN GOLF. I ALSO ACKNOWLEDGE AND CONSENT TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MY COMPLIANCE WITH THIS AGREEMENT AND THE MODERN GOLF POLICIES DESCRIBED IN THIS AGREEMENT.
PACKAGE SUBSCRIPTION TERMS
YOUR PACKAGE SUBSCRIPTION
Overview: This Agreement sets forth the terms and conditions that apply to your Package Subscription (“Subscription”) to Modern Golf. You are responsible for complying with this Agreement.
Minimum Commitment: Your Subscription is for an initial one (1) month commitment period (the “Initial Period”) and, except for those limited cancellation rights expressly set forth in this Agreement, you may not cancel your Subscription or otherwise terminate this Agreement during the Initial Period. Your Subscription and Initial Period starts on the date you subscribed and the Initial Period ends exactly one (1) month thereafter.
Renewals: Your monthly Subscription and this Agreement will automatically renew at the end of the Initial Period and continue on a month-to-month basis until your Subscription is cancelled by you or Modern Golf, as described in this Agreement. You authorize Modern Golf to contact you, using any contact information on file with Modern Golf, to discuss your renewal options and/or any Subscription items. You may also visit or contact your nearest Modern Golf location to renew your Subscription. Subscription payments and renewals are subject to pricing changes, as described in this Agreement.
Non-Transferable: Your Subscription is personal to you and is non-transferable and non-descendible. Only you may use your Subscription, and you may not permit any other individual to access and use any benefits that fall under your Subscription.
Home Location: Your “Home Location” is the Modern Golf location at which your Subscription was purchased. You may transfer your Home Location to another Location, subject to the following conditions. Modern Golf reserves the right to charge you a fee for transferring your Home Location.
Location Exclusions: During your Subscription, Modern Golf may, in its discretion, exclude certain Locations from Subscription or otherwise limit your access to certain Locations. Once Modern Golf implements an exclusion or limitation, you will no longer have the right to access or use such affected Location(s).
Location Closures: During your Subscription, Modern Golf may, in its discretion, close, temporarily close or suspend or limit your access to certain Locations or areas, features or amenities of a Location, for purposes of renovation, special events or otherwise, at any time and in its sole discretion.
PAYMENT POLICIES
Initiation Fee; Subscription Dues: Unless expressly waived by Modern Golf, you may be required to pay a one-time initiation fee, which is due and payable as of the date you sign this Agreement. During the Initial Period, your monthly Subscription Fees (“Subscription Fees”) will remain at the rate set forth in this Agreement. After the Initial Period, Modern Golf may, in its discretion, increase or otherwise modify your Subscription Fees, upon at least thirty (30) days’ notice to you. Modern Golf may also, in its discretion and at any time, change the date on which electronic funds transfers are processed, upon at least thirty (30) days’ notice to you. Subscription Fees are not based on or related to actual usage of Locations and you are responsible for the payment of your Subscription Fees in full regardless of your use of, or failure to use, any Locations. Unless otherwise expressly noted all payment amounts for Modern Golf Locations in Canada are listed in Canadian Dollars (CAD).
Ancillary Charges: You are responsible for paying all amounts you incur during your Subscription as well as purchases of retail or other items (collectively, “Ancillary Charges”). Payment for Ancillary Charges is due in full at the time of purchase, and Modern Golf has no obligation to provide you with any ancillary service or good until it has received such payment. Pricing for all Ancillary Charges is in Modern Golf’s discretion and may be prospectively modified by Modern Golf at any time, with or without notice to you.
Tax Rates: Your Subscription Fees and Ancillary Charges are subject to the Tax Rates in your region. If the Tax Rate changes at any time, including during your Initial Period, Modern Golf reserves the right to change your Subscription Fees in accordance with such new Tax Rates.
Non-Refundable: Your initiation fee, Subscription Fees and Ancillary Charges are non-refundable and, unless otherwise expressly set forth in this Agreement, you will not receive a refund of any initiation fee, Subscription Fees or Ancillary Charges as a result of Subscription cancellation or otherwise. From time to time Modern Golf may provide you with certain complimentary or promotional items, as further described in the Modern Golf Policies. Complimentary items have no cash value and you are not entitled to any refund or other amount for any complimentary item.
Good Standing: You are required to keep your Subscription in good standing by ensuring all Subscription Fees and any Ancillary Charges are paid on time. You are responsible for promptly notifying Modern Golf of any changes to your credit card, checking account or other payment account information (“Payment Information”).
Separate Buyer: If another individual (a “Buyer”) purchased your Subscription on your behalf and agreed to have their Payment Information retained on-file with Modern Golf, you, not Buyer, are ultimately liable for all Subscription Fees and Ancillary Charges payable hereunder and you agree to make all payments hereunder in the event Buyer fails to do so. This Agreement does not provide Buyer with any rights of Subscription and Buyer may not access and use Locations under your Subscription.
Past-Due Balances: Modern Golf reserves the right to take any lawful action in response to any past-due Subscription Fees and/or Ancillary Charges, including, without limitation: (1) charging the Payment Information then on-file with Modern Golf; (2) cancelling your Subscription or otherwise suspending your access to Locations until all past-due amounts are paid; (3) charging you interest on past-due amounts at a rate not to exceed the lesser of five percent (5%) per year or the maximum permitted by applicable law; and/or (4) providing your information, including without limitation name and contact information, to a collections agency who will attempt to collect your past-due amounts on behalf of Modern Golf. You will be responsible for any collection and/or legal costs incurred by Modern Golf in collecting any past-due amounts associated with your Subscription. Modern Golf may charge you a $20 fee for each credit card charge or other payment that is dishonoured or rejected as invalid. Please note that cancellation of your Subscription will not relieve you of your obligation to pay any past-due or outstanding amounts.
CANCELLATION RIGHTS
Your Rights Under the Consumer Protection Act, 2002: You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the Agreement and the day all the services are available. You do not need to give Modern Golf a reason for cancelling during this 10-day period. In addition, there are grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this Agreement, you must give notice of cancellation to Modern Golf by any means that allows you to prove the date on which you gave notice. If you cancel this Agreement, Modern Golf has thirty (30) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Additional Cancellation Rights: You may also cancel your Subscription and this Agreement, at any time during or after the Initial Period, for any of the following reasons:
(1) If upon a doctor’s order, you cannot physically receive the services because of a significant physical disability for a period in excess of six (6) months, as evidenced by a signed letter from your doctor or other reasonable proof of your significant physical disability;
(2) If you die, as evidenced by a death certificate or other reasonable confirmation of death provided by your estate; or
You may exercise these rights to cancel your Subscription and this Agreement by notifying Modern Golf in accordance with this Agreement. Within thirty (30) days after Modern Golf receives notice of such cancellation, it will refund, using the Payment Information on-file, any prepaid unused Subscription Fees and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Modern Golf hereunder. For the avoidance of doubt, any initiation fee you paid will not be refunded if you cancel your Subscription under this Agreement.
Cancellation after Initial Period: If you do not wish to continue your Subscription after Initial Period, you may cancel your Subscription and this Agreement upon thirty (30) days’ prior written notice to Modern Golf. For clarity, your cancellation will go into effect thirty (30) days after Modern Golf receives your cancellation notice; however, if you provide cancellation notice more than thirty (30) days before the end of the Initial Period, your cancellation will not go into effect until the last day of the Initial Period. In the event that you do not notify Modern Golf at least 30 days prior to the expiration of the Initial Period, your Subscription and this Agreement will automatically renew at the end of the Initial Period on a continuous month-to-month basis until your Subscription is cancelled by you or Modern Golf. All notices of cancellation must be provided in accordance with this Agreement. Modern Golf reserves the right, in its discretion, to require you to pre-pay all Subscription Fees through the date your cancellation goes into effect. Please note you will not receive a refund of any Ancillary Charges, including without limitation for any sessions which remain unused at the time your cancellation goes into effect.
How to Cancel Your Subscription: You may cancel your Subscription and this Agreement by any of the following methods:
(1) In-person at any Location.
(2) By email to info@moderngolf.ca. You should send the cancellation email from your email address on- file with Modern Golf. Your cancellation notice must include your full name and contact information.
You are responsible for retaining (and presenting, if necessary) all records relating to your cancellation of Subscription. In the event of a dispute as to whether and when notice of cancellation was received, Modern Golf’s records will control. Refunds will be made to the original method of payment.
Revocation of Subscription: Modern Golf may, in its discretion, revoke or suspend your Subscription, or limit your right to access certain Locations or participate in certain Location offerings or ancillary services, upon notice to you provided at any time and for any reason, including without limitation failure to pay Subscription Fees or Ancillary Charges or failure to comply with Modern Golf Policies. In some cases, notice of revocation or suspension may be provided orally by a Location Manager or Modern Golf Regional or Corporate management or staff. If Modern Golf revokes your Subscription, it will promptly refund, using the Payment Information on-file with Modern Golf, any prepaid unused Subscription Fees and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Modern Golf hereunder. Revocation or suspension of Subscription will be without limitation to any other rights or remedies which Modern Golf may have at law or in equity, and Modern Golf reserves the right to, in its discretion, prohibit you from rejoining Modern Golf in the future.
SUBSCRIPTION POLICIES
Modern Golf Policies: You agree to abide by all Subscription and Location rules, regulations, policies, procedures and schedules of Modern Golf, including without limitation those which may be posted at a Location, on Modern Golf’s website and/or or issued orally by a Location Manager, Assistant Manager or by Regional or Corporate Staff. Modern Golf may, in its discretion, prospectively amend or supplement the Modern Golf Policies at any time, with or without prior notice to you. Contact Location staff and/or management for questions regarding Modern Golf Policies.
Cell Phone and Camera Use: Using cell phones, cameras or any other recording devices in Modern Golf locker rooms, change rooms, washroom and other private spaces is strictly prohibited.
Ancillary Services: Your purchase and use of any ancillary services and/or goods is subject to the Modern Golf Policies, including without limitation policies for booking, cancellation and expiration dates.
Your Information: As a member, Modern Golf will collect, use and disclose your personal information, as further described in the Modern Golf Policies. Your information will be used to administer your Subscription, including without limitation to verify Subscription, process and collect payments and to communicate with you. Your information may also be used for promotional and marketing purposes and may be disclosed to and used by Modern Golf’s affiliates and/or certain third parties.
Third-Party Services: Modern Golf may make available goods or services of certain third parties. Third-Party Services are provided for your convenience and may be discontinued at any time, with or without notice to you. Third-Party Services are not controlled by Modern Golf and should not be viewed as any endorsement by, or affiliation with, Modern Golf. You may be required to acknowledge or sign additional third party terms and conditions in order to use Third-Party Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODERN GOLF MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SERVICES AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD-PARTY SERVICES, THE ASSOCIATED PROVIDERS, AND YOUR USE THEREOF.
NOTICES
Your notice of cancellation must be provided in accordance with this Agreement. Modern Golf has the right to communicate with you regarding your Subscription, this Agreement or otherwise by any lawful method, including without limitation by mail, courier, telephone, email, and text message, and may communicate with you using any contact information you have provided to Modern Golf. Modern Golf may also provide general member-facing or Location-facing communications or notices (if provided), including without limitation changes to Modern Golf Policies and notices regarding inclement weather or change to operating hours, within Locations, and/or on the Modern Golf website or social media channels. Notices will be deemed given by Modern Golf on the date deposited in the mail or given to a courier, the date a phone call is made or an email or text is sent, or the date posted in Location or online. You are responsible for providing accurate, current contact information and must promptly notify Modern Golf if any of your contact information changes. Modern Golf will not be responsible for your failure to receive any communication or notice as a result of your failure to provide accurate and current contact information or as a result of any e-mail filtering by your ISP or email provider, insufficient space in your email account or any errors or losses of any postal or delivery service. You hereby consent and give Modern Golf permission to use (or have a third-party provider use on Modern Golf’s behalf) an automated telephone dialing system and/or artificial or prerecorded voice (where applicable) to call or text you, including on or to any telephone number you provide to Modern Golf, including your mobile phone.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Informal Dispute Resolution: Our goal is to do our best to ensure that every experience you have with Modern Golf exceeds your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us by visiting https://www.moderngolf.ca. When contacting us, we ask that you include your name, address, phone number and email address, a description of your problem or concern and any specific relief you seek.
Arbitration: You agree to submit any and all Disputes (as defined in this Agreement) to binding arbitration by a single arbitrator in an arbitration administered by the International Centre for Dispute Resolution (Canada) in accordance with its Canadian Expedited Procedure, which will govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).
YOU AND MODERN GOLF AGREE THAT, EXCEPT AS PROVIDED IN THIS AGREEMENT AND SUBJECT TO APPLICABLE LAW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THIS AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Class Action Waiver: Subject to applicable law, you agree that the arbitration of any Dispute will be conducted on an individual, not a class-wide, basis, and that no arbitration proceeding may be consolidated with any other arbitration or other legal proceeding involving Modern Golf or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Modern Golf, and that the arbitrator of any Dispute between you and Modern Golf may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action or a representative action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of “Dispute”: Subject to the following exclusions, “Dispute” means any dispute, claim, or controversy between you and Modern Golf regarding any aspect of your relationship with Modern Golf, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal, statutory or equitable theory, and includes without limitation the validity, enforceability or scope of the Agreement (except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver). However, “Dispute” will not include (1) personal injury claims or claims for lost, stolen, or damaged property; (2) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; (3) any claim brought pursuant to a statutory right to bring such claim in a court of competent jurisdiction and with respect to which an agreement to arbitrate does not apply as a matter of law; and (4) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
Arbitration Procedures and Location: The formal seat of the arbitration shall be in Toronto, Ontario.
As set forth in this Agreement, the arbitrator will apply Ontario law.
GENERAL TERMS
Entire Agreement: This Agreement, together with the Modern Golf Policies, constitutes the entire and exclusive agreement between you and Modern Golf relating to your Subscription and supersedes any prior or contemporaneous representations, inducements, promises, understandings or agreements, whether oral, written or otherwise.
Modifications: No provision of this Agreement, or the enforcement thereof, may be modified or waived, except as may be stated in a writing signed by Modern Golf or corporate management. Notwithstanding the foregoing or anything to the contrary herein, Modern Golf may, in its discretion, modify this Agreement at any time upon at least thirty (30) days’ notice to you.
7.3 Interpretation: If any provision or portion of this Agreement, or the application thereof to any person, party or circumstances, is be deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, (1) that invalidity or unenforceability will not affect the remainder of this Agreement and (2) Modern Golf may, in its discretion, modify such provision or portion in order to render it valid and enforceable.
Assignment: Modern Golf may assign or transfer this Agreement and your Subscription, whether by operation of law or otherwise, to an affiliate of Modern Golf or to a third party in the event of any merger, acquisition, sale of assets, change of control or other corporate transaction between Modern Golf (or one of its affiliates) and such third party (or one of its affiliates), in each case without notice to you, and you hereby consent to any such assignment or transfer. You acknowledge that this Agreement is personal to you and that you have no rights to transfer or assign this Agreement to any other individual or entity.
Governing Law: This Agreement, your Subscription, and any claims, disputes and matters arising hereunder, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to its conflicts of law principles. Except for Disputes that you or Modern Golf submit to binding arbitration pursuant to the Arbitration Agreement, all claims, disputes and matters arising hereunder will be submitted to the jurisdiction of the federal and provincial courts of competent jurisdiction located in Toronto, Ontario and you and Modern Golf each hereby irrevocably consent to the jurisdiction of such courts and waive all objections thereto.
IMPORTANT TERMS & CONDITIONS
- YOUR PACKAGE SUBSCRIPTION AND THIS AGREEMENT WILL AUTOMATICALLY RENEW ON A CONTINUOUS MONTH-TO-MONTH BASIS AT THE END OF THE INITIAL OBLIGATION PERIOD, UNLESS CANCELLED UNDER THE TERMS OF THIS AGREEMENT.
- Please read this Agreement carefully, as it contains important information regarding your legal rights, including without limitation your release and waiver of liability, mandatory arbitration and your waiver of class relief in certain circumstances. YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002 ARE DETAILED IN THIS AGREEMENT.
BY AGREEING TO THE BELOW, I AM ACKNOWLEDGING THAT I HAVE RECEIVED, READ, UNDERSTAND, AND CONSENT TO THIS AGREEMENT AND THE FOLLOWING PACKAGE SUBSCRIPTION TERMS, INCLUDING THAT THIS AGREEMENT WILL AUTOMATICALLY CONTINUE UNTIL IT IS CANCELLED BY ME OR MODERN GOLF. I ALSO ACKNOWLEDGE AND CONSENT TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MY COMPLIANCE WITH THIS AGREEMENT AND THE MODERN GOLF POLICIES DESCRIBED IN THIS AGREEMENT.
PACKAGE SUBSCRIPTION TERMS
YOUR PACKAGE SUBSCRIPTION
Overview: This Agreement sets forth the terms and conditions that apply to your Package Subscription (“Subscription”) to Modern Golf. You are responsible for complying with this Agreement.
Minimum Commitment: Your Subscription is for an initial one (1) month commitment period (the “Initial Period”) and, except for those limited cancellation rights expressly set forth in this Agreement, you may not cancel your Subscription or otherwise terminate this Agreement during the Initial Period. Your Subscription and Initial Period starts on the date you subscribed and the Initial Period ends exactly one (1) month thereafter.
Renewals: Your monthly Subscription and this Agreement will automatically renew at the end of the Initial Period and continue on a month-to-month basis until your Subscription is cancelled by you or Modern Golf, as described in this Agreement. You authorize Modern Golf to contact you, using any contact information on file with Modern Golf, to discuss your renewal options and/or any Subscription items. You may also visit or contact your nearest Modern Golf location to renew your Subscription. Subscription payments and renewals are subject to pricing changes, as described in this Agreement.
Non-Transferable: Your Subscription is personal to you and is non-transferable and non-descendible. Only you may use your Subscription, and you may not permit any other individual to access and use any benefits that fall under your Subscription.
Home Location: Your “Home Location” is the Modern Golf location at which your Subscription was purchased. You may transfer your Home Location to another Location, subject to the following conditions. Modern Golf reserves the right to charge you a fee for transferring your Home Location.
Location Exclusions: During your Subscription, Modern Golf may, in its discretion, exclude certain Locations from Subscription or otherwise limit your access to certain Locations. Once Modern Golf implements an exclusion or limitation, you will no longer have the right to access or use such affected Location(s).
Location Closures: During your Subscription, Modern Golf may, in its discretion, close, temporarily close or suspend or limit your access to certain Locations or areas, features or amenities of a Location, for purposes of renovation, special events or otherwise, at any time and in its sole discretion.
PAYMENT POLICIES
Initiation Fee; Subscription Dues: Unless expressly waived by Modern Golf, you may be required to pay a one-time initiation fee, which is due and payable as of the date you sign this Agreement. During the Initial Period, your monthly Subscription Fees (“Subscription Fees”) will remain at the rate set forth in this Agreement. After the Initial Period, Modern Golf may, in its discretion, increase or otherwise modify your Subscription Fees, upon at least thirty (30) days’ notice to you. Modern Golf may also, in its discretion and at any time, change the date on which electronic funds transfers are processed, upon at least thirty (30) days’ notice to you. Subscription Fees are not based on or related to actual usage of Locations and you are responsible for the payment of your Subscription Fees in full regardless of your use of, or failure to use, any Locations. Unless otherwise expressly noted all payment amounts for Modern Golf Locations in Canada are listed in Canadian Dollars (CAD).
Ancillary Charges: You are responsible for paying all amounts you incur during your Subscription as well as purchases of retail or other items (collectively, “Ancillary Charges”). Payment for Ancillary Charges is due in full at the time of purchase, and Modern Golf has no obligation to provide you with any ancillary service or good until it has received such payment. Pricing for all Ancillary Charges is in Modern Golf’s discretion and may be prospectively modified by Modern Golf at any time, with or without notice to you.
Tax Rates: Your Subscription Fees and Ancillary Charges are subject to the Tax Rates in your region. If the Tax Rate changes at any time, including during your Initial Period, Modern Golf reserves the right to change your Subscription Fees in accordance with such new Tax Rates.
Non-Refundable: Your initiation fee, Subscription Fees and Ancillary Charges are non-refundable and, unless otherwise expressly set forth in this Agreement, you will not receive a refund of any initiation fee, Subscription Fees or Ancillary Charges as a result of Subscription cancellation or otherwise. From time to time Modern Golf may provide you with certain complimentary or promotional items, as further described in the Modern Golf Policies. Complimentary items have no cash value and you are not entitled to any refund or other amount for any complimentary item.
Good Standing: You are required to keep your Subscription in good standing by ensuring all Subscription Fees and any Ancillary Charges are paid on time. You are responsible for promptly notifying Modern Golf of any changes to your credit card, checking account or other payment account information (“Payment Information”).
Separate Buyer: If another individual (a “Buyer”) purchased your Subscription on your behalf and agreed to have their Payment Information retained on-file with Modern Golf, you, not Buyer, are ultimately liable for all Subscription Fees and Ancillary Charges payable hereunder and you agree to make all payments hereunder in the event Buyer fails to do so. This Agreement does not provide Buyer with any rights of Subscription and Buyer may not access and use Locations under your Subscription.
Past-Due Balances: Modern Golf reserves the right to take any lawful action in response to any past-due Subscription Fees and/or Ancillary Charges, including, without limitation: (1) charging the Payment Information then on-file with Modern Golf; (2) cancelling your Subscription or otherwise suspending your access to Locations until all past-due amounts are paid; (3) charging you interest on past-due amounts at a rate not to exceed the lesser of five percent (5%) per year or the maximum permitted by applicable law; and/or (4) providing your information, including without limitation name and contact information, to a collections agency who will attempt to collect your past-due amounts on behalf of Modern Golf. You will be responsible for any collection and/or legal costs incurred by Modern Golf in collecting any past-due amounts associated with your Subscription. Modern Golf may charge you a $20 fee for each credit card charge or other payment that is dishonoured or rejected as invalid. Please note that cancellation of your Subscription will not relieve you of your obligation to pay any past-due or outstanding amounts.
CANCELLATION RIGHTS
Your Rights Under the Consumer Protection Act, 2002: You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the Agreement and the day all the services are available. You do not need to give Modern Golf a reason for cancelling during this 10-day period. In addition, there are grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this Agreement, you must give notice of cancellation to Modern Golf by any means that allows you to prove the date on which you gave notice. If you cancel this Agreement, Modern Golf has thirty (30) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Additional Cancellation Rights: You may also cancel your Subscription and this Agreement, at any time during or after the Initial Period, for any of the following reasons:
(1) If upon a doctor’s order, you cannot physically receive the services because of a significant physical disability for a period in excess of six (6) months, as evidenced by a signed letter from your doctor or other reasonable proof of your significant physical disability;
(2) If you die, as evidenced by a death certificate or other reasonable confirmation of death provided by your estate; or
You may exercise these rights to cancel your Subscription and this Agreement by notifying Modern Golf in accordance with this Agreement. Within thirty (30) days after Modern Golf receives notice of such cancellation, it will refund, using the Payment Information on-file, any prepaid unused Subscription Fees and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Modern Golf hereunder. For the avoidance of doubt, any initiation fee you paid will not be refunded if you cancel your Subscription under this Agreement.
Cancellation after Initial Period: If you do not wish to continue your Subscription after Initial Period, you may cancel your Subscription and this Agreement upon thirty (30) days’ prior written notice to Modern Golf. For clarity, your cancellation will go into effect thirty (30) days after Modern Golf receives your cancellation notice; however, if you provide cancellation notice more than thirty (30) days before the end of the Initial Period, your cancellation will not go into effect until the last day of the Initial Period. In the event that you do not notify Modern Golf at least 30 days prior to the expiration of the Initial Period, your Subscription and this Agreement will automatically renew at the end of the Initial Period on a continuous month-to-month basis until your Subscription is cancelled by you or Modern Golf. All notices of cancellation must be provided in accordance with this Agreement. Modern Golf reserves the right, in its discretion, to require you to pre-pay all Subscription Fees through the date your cancellation goes into effect. Please note you will not receive a refund of any Ancillary Charges, including without limitation for any sessions which remain unused at the time your cancellation goes into effect.
How to Cancel Your Subscription: You may cancel your Subscription and this Agreement by any of the following methods:
(1) In-person at any Location.
(2) By email to info@moderngolf.ca. You should send the cancellation email from your email address on- file with Modern Golf. Your cancellation notice must include your full name and contact information.
You are responsible for retaining (and presenting, if necessary) all records relating to your cancellation of Subscription. In the event of a dispute as to whether and when notice of cancellation was received, Modern Golf’s records will control. Refunds will be made to the original method of payment.
Revocation of Subscription: Modern Golf may, in its discretion, revoke or suspend your Subscription, or limit your right to access certain Locations or participate in certain Location offerings or ancillary services, upon notice to you provided at any time and for any reason, including without limitation failure to pay Subscription Fees or Ancillary Charges or failure to comply with Modern Golf Policies. In some cases, notice of revocation or suspension may be provided orally by a Location Manager or Modern Golf Regional or Corporate management or staff. If Modern Golf revokes your Subscription, it will promptly refund, using the Payment Information on-file with Modern Golf, any prepaid unused Subscription Fees and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Modern Golf hereunder. Revocation or suspension of Subscription will be without limitation to any other rights or remedies which Modern Golf may have at law or in equity, and Modern Golf reserves the right to, in its discretion, prohibit you from rejoining Modern Golf in the future.
SUBSCRIPTION POLICIES
Modern Golf Policies: You agree to abide by all Subscription and Location rules, regulations, policies, procedures and schedules of Modern Golf, including without limitation those which may be posted at a Location, on Modern Golf’s website and/or or issued orally by a Location Manager, Assistant Manager or by Regional or Corporate Staff. Modern Golf may, in its discretion, prospectively amend or supplement the Modern Golf Policies at any time, with or without prior notice to you. Contact Location staff and/or management for questions regarding Modern Golf Policies.
Cell Phone and Camera Use: Using cell phones, cameras or any other recording devices in Modern Golf locker rooms, change rooms, washroom and other private spaces is strictly prohibited.
Ancillary Services: Your purchase and use of any ancillary services and/or goods is subject to the Modern Golf Policies, including without limitation policies for booking, cancellation and expiration dates.
Your Information: As a member, Modern Golf will collect, use and disclose your personal information, as further described in the Modern Golf Policies. Your information will be used to administer your Subscription, including without limitation to verify Subscription, process and collect payments and to communicate with you. Your information may also be used for promotional and marketing purposes and may be disclosed to and used by Modern Golf’s affiliates and/or certain third parties.
Third-Party Services: Modern Golf may make available goods or services of certain third parties. Third-Party Services are provided for your convenience and may be discontinued at any time, with or without notice to you. Third-Party Services are not controlled by Modern Golf and should not be viewed as any endorsement by, or affiliation with, Modern Golf. You may be required to acknowledge or sign additional third party terms and conditions in order to use Third-Party Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODERN GOLF MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SERVICES AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD-PARTY SERVICES, THE ASSOCIATED PROVIDERS, AND YOUR USE THEREOF.
NOTICES
Your notice of cancellation must be provided in accordance with this Agreement. Modern Golf has the right to communicate with you regarding your Subscription, this Agreement or otherwise by any lawful method, including without limitation by mail, courier, telephone, email, and text message, and may communicate with you using any contact information you have provided to Modern Golf. Modern Golf may also provide general member-facing or Location-facing communications or notices (if provided), including without limitation changes to Modern Golf Policies and notices regarding inclement weather or change to operating hours, within Locations, and/or on the Modern Golf website or social media channels. Notices will be deemed given by Modern Golf on the date deposited in the mail or given to a courier, the date a phone call is made or an email or text is sent, or the date posted in Location or online. You are responsible for providing accurate, current contact information and must promptly notify Modern Golf if any of your contact information changes. Modern Golf will not be responsible for your failure to receive any communication or notice as a result of your failure to provide accurate and current contact information or as a result of any e-mail filtering by your ISP or email provider, insufficient space in your email account or any errors or losses of any postal or delivery service. You hereby consent and give Modern Golf permission to use (or have a third-party provider use on Modern Golf’s behalf) an automated telephone dialing system and/or artificial or prerecorded voice (where applicable) to call or text you, including on or to any telephone number you provide to Modern Golf, including your mobile phone.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Informal Dispute Resolution: Our goal is to do our best to ensure that every experience you have with Modern Golf exceeds your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us by visiting https://www.moderngolf.ca. When contacting us, we ask that you include your name, address, phone number and email address, a description of your problem or concern and any specific relief you seek.
Arbitration: You agree to submit any and all Disputes (as defined in this Agreement) to binding arbitration by a single arbitrator in an arbitration administered by the International Centre for Dispute Resolution (Canada) in accordance with its Canadian Expedited Procedure, which will govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).
YOU AND MODERN GOLF AGREE THAT, EXCEPT AS PROVIDED IN THIS AGREEMENT AND SUBJECT TO APPLICABLE LAW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THIS AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Class Action Waiver: Subject to applicable law, you agree that the arbitration of any Dispute will be conducted on an individual, not a class-wide, basis, and that no arbitration proceeding may be consolidated with any other arbitration or other legal proceeding involving Modern Golf or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Modern Golf, and that the arbitrator of any Dispute between you and Modern Golf may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action or a representative action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of “Dispute”: Subject to the following exclusions, “Dispute” means any dispute, claim, or controversy between you and Modern Golf regarding any aspect of your relationship with Modern Golf, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal, statutory or equitable theory, and includes without limitation the validity, enforceability or scope of the Agreement (except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver). However, “Dispute” will not include (1) personal injury claims or claims for lost, stolen, or damaged property; (2) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; (3) any claim brought pursuant to a statutory right to bring such claim in a court of competent jurisdiction and with respect to which an agreement to arbitrate does not apply as a matter of law; and (4) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
Arbitration Procedures and Location: The formal seat of the arbitration shall be in Toronto, Ontario.
As set forth in this Agreement, the arbitrator will apply Ontario law.
GENERAL TERMS
Entire Agreement: This Agreement, together with the Modern Golf Policies, constitutes the entire and exclusive agreement between you and Modern Golf relating to your Subscription and supersedes any prior or contemporaneous representations, inducements, promises, understandings or agreements, whether oral, written or otherwise.
Modifications: No provision of this Agreement, or the enforcement thereof, may be modified or waived, except as may be stated in a writing signed by Modern Golf or corporate management. Notwithstanding the foregoing or anything to the contrary herein, Modern Golf may, in its discretion, modify this Agreement at any time upon at least thirty (30) days’ notice to you.
7.3 Interpretation: If any provision or portion of this Agreement, or the application thereof to any person, party or circumstances, is be deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, (1) that invalidity or unenforceability will not affect the remainder of this Agreement and (2) Modern Golf may, in its discretion, modify such provision or portion in order to render it valid and enforceable.
Assignment: Modern Golf may assign or transfer this Agreement and your Subscription, whether by operation of law or otherwise, to an affiliate of Modern Golf or to a third party in the event of any merger, acquisition, sale of assets, change of control or other corporate transaction between Modern Golf (or one of its affiliates) and such third party (or one of its affiliates), in each case without notice to you, and you hereby consent to any such assignment or transfer. You acknowledge that this Agreement is personal to you and that you have no rights to transfer or assign this Agreement to any other individual or entity.
Governing Law: This Agreement, your Subscription, and any claims, disputes and matters arising hereunder, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to its conflicts of law principles. Except for Disputes that you or Modern Golf submit to binding arbitration pursuant to the Arbitration Agreement, all claims, disputes and matters arising hereunder will be submitted to the jurisdiction of the federal and provincial courts of competent jurisdiction located in Toronto, Ontario and you and Modern Golf each hereby irrevocably consent to the jurisdiction of such courts and waive all objections thereto.
