One Club Short Membership Terms and Conditions
As of March 20, 2023
These Membership Terms and Conditions (this “Agreement”) govern any Membership offered by One Club Short, Inc. (“OCS”). OCS Membership is a program administered by OCS, a Delaware corporation (“we,” “us,” “our,” “ours”). Purchase or use of an OCS Membership at any time subjects the purchaser or user (“you,” “your,” “yours,” “Members”) to the terms and conditions hereof ans well as the event Terms and Conditions linked here.
BENEFITS
OCS Membership entitles Members to the benefits for their applicable Membership Level as posted on the OCS website from time to time. Such benefits may include discounts on OCS event registrations and discounts on products and merchandise sold by OCS affiliated third-party service providers. OCS Membership does not guarantee that you and/or your partner will have a spot at any OCS event. All events remain first come, first served.
CONDITIONS
(a) For any discount or other benefit to apply, your OCS Membership account must be active at the time of purchase. You will not be reimbursed retroactively for purchases made without a Membership discount.
(b) OCS Membership benefits do not apply in addition or in conjunction with any coupons, discount offers, etc. that may be offered to the general public by any marketing method. The Member may choose to use the advertised discount or their member discount, whichever is the greater benefit for the member.
(c) Offers relating to third-party provider products and services are provided through participating retailers and service providers and are subject to restriction and change without notice at the discretion of each participating retailer and service provider. OCS is not responsible for third-party offers and discounts or related purchases.
(d) OCS Membership is non-transferable.
(e) You are responsible for all activity that is conducted through your OCS Membership account. This means you are responsible for making every effort to keep your email address and password secure and private. We advise using a unique password that has not been used on any other account. If your password or account is compromised, we advise you change it quickly or reach out to Customer Service for further assistance.
(f) Must be 21 years or older to be an OCS Member.
MEMBERSHIP FEE
The annual membership fee is as posted on the OCS website from time to time. Membership fees are subject to taxation in accordance with applicable federal or state law. The annual membership fee does not include applicable taxes. We may change the membership fee at any time, but changes will apply only to new and renewal memberships. The fee is non-refundable.
TERM; AUTO-RENEWAL
The initial term of your OCS Membership shall commence on the date it is purchased and shall continue until December 31 of the year in which you enrolled in the OCS Membership program, unless your Membership is otherwise terminated sooner in accordance with the terms of this Agreement. Thereafter, each year, prior to December 31, you will be provided with notice of the automatic renewal of your Membership and, to the extent permissible under the applicable laws, your Membership will automatically renew for additional one-year terms on January 1 of the renewal subscription year unless you provide OCS with a notice of cancellation on or before January 1 of the renewal subscription year. Cancellation may be effected by following the instructions in the autorenewal notice.
MEMBERSHIP CANCELLATION
We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including, without limitation, our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. See “Term; Auto-Renewal” for your right to terminate your Membership.
PROGRAM TERMINATION
We may terminate any or all of the benefits available under the OCS Membership program at any time with or without notice. In the event of our termination of this program, OCS will refund each Member a pro-rata portion of the Membership fee for the remaining portion of your current Membership term.
DISCLAIMERS; LIMITATION OF LIABILITY
USE OF OCS MEMBERSHIP IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OCS, ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “PROVIDER”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT (i) OCS MEMBERSHIP WILL MEET YOUR REQUIREMENTS, (ii) OCS MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF OCS MEMBERSHIP WILL MEET YOUR EXPECTATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OCS MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OCS MEMBERSHIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR OCS MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO OCS MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
GOVERNING LAW
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without regard to conflict of law principles.
BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the OCS Membership program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party.
CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement at any time by posting the revised terms on the OCS website.
EVENTS
ONE CLUB SHORT, INC.
Terms & Conditions – Events
As of June 9, 2022
By registering to attend and/or attending a One Club Short, Inc. (the “Company”) golf event (each, an “Event”), you, on your own behalf and on behalf of any minor accompanying you (individually and collectively, the “Participant”), agree to the following terms and conditions (the “Terms and Conditions”), as may be amended from time to time:
REGISTRATION
Participants will register for an Event by completing the registration form and paying the registration fees for the Event. To register to attend an Event, Participant must provide accurate, complete, and current information as required by the registration form. Once Participant has completed and submitted the registration form for an Event, Participant must complete payment of the registration fees. Participant’s registration is not complete until the Participant receives an email confirmation from the Company confirming Participant’s place in the Event. All registrations are subject to availability. Openings for each Event are limited and will be assigned on a first-come, first-served basis at the time of registration. The Company reserves the right to reject any registration that, in its sole discretion, is incomplete or not compliant with these Terms and Conditions. Registration, accommodations, and travel expenses are the responsibility of the Participant. Participants are responsible for all costs associated with playing in an Event unless otherwise stipulated.
RULES AND REGULATIONS
All Participants must adhere to the safety rules and regulations stipulated by the Company and the Event venue. Play is governed by the current USGA Rules of Golf and local rules for each Event course. Local rules will be provided by each Event course and will be available on site upon request. Questions with respect to the rules of golf and scoring will be settled by the on-site course Golf Professional presiding over the Event, or if there is no on-site course Golf Professional, by the Company, in each case whose decisions will be final.
All mobile phone and other electronic equipment and devices must be on silent and only used away from play and in accordance with the rules of the Event venue.
No alcoholic beverages may be brought onto or taken from the Event venue grounds.
No standalone photo or video cameras, coolers, signs, firearms, or explosive devices will be permitted onto the Event venue grounds.
The Company may eject or refuse entry to the Participant for violation of these Terms and Conditions, the USGA Rules of Golf, the local rules for each Event course, illegal activity, misconduct, intoxication, use of illegal substances, breaches of etiquette, disruptive behavior, heckling, foul/abusive language, obscene gestures, and/or any other engagement in inappropriate, disruptive, or illegal behavior.
TEE TIMES
It is anticipated that all starting times will be a shot gun start. In the case where there are tee times, Participants are entitled to request a tee time preference. This is a preference and not a guaranteed tee time and the Company would do its best to accommodate such preferences, but tees would be drawn and may not match Participants request.
DRESS CODE
Many golf clubs and resort courses insist on proper attire being worn. If in any doubt, please check the relevant website for the golf club at which the Event is being held.
HANDICAPS AND HANDICAP CERTIFICATES
Many golf clubs and courses insist on players having a handicap certificate. The Company will not be held responsible if Participant is rejected for not holding a valid handicap certificate. Unless otherwise required by the golf club and course at which the Event is being held, Participant is permitted to take part in the Company’s Events without a formal handicap. However, some prizes will only be issued to players who have an official handicap.
PRIZES
Prizes are provided at the Company’s discretion. The approximate value of prizes and promotional offers advertised are based upon the manufacturer’s retail price of the items as opposed to any other discounted prices available online. Cash alternatives are not available. For cash prizes, the Company reserves the right to adjust the advertised prize values for low-attended events. If prizes are presented on the day, the Company is not liable for any postage costs incurred if Participant chooses not to wait until prize giving to receive any prize Participant may be awarded. Winners of prizes at any Event are personally responsible for all taxes, fees and additional expenses that may be associated with acceptance of such prizes.
MERCHANDISE AND VOUCHERS
ALL MERCHANDISE SALES ARE FINAL. To the extent that Participant is provided with a voucher for the purchase of merchandise as part of the Event registration, such merchandise voucher may be exchanged for the specified value off the listed price of merchandise sold at the Event. The voucher cannot be used in conjunction with other discount offers. The voucher must be presented at the time of the purchase transaction. The voucher will expire upon conclusion of the Event for which the voucher was issued and shall be of no further force or effect after the date of the Event for which the voucher was issued. The voucher cannot be exchanged for cash or credit. No change will be given from any unused portion of any voucher. Lost, stolen or damaged vouchers are not the responsibility of the Company or the Event venue and will not be replaced. Resale of vouchers is not permitted. It is unlawful to reproduce the voucher. A voucher will not be accepted if it has been damaged, defaced or spoiled or has been tampered with or altered in any way. The voucher does not provide any warranty or guarantee in connection with the merchandise purchased with the voucher, and neither the Company, the Event venue, the sponsors, retailers, vendors, or agents thereof accepts any liability or responsibility whatsoever under any circumstances for any loss, injury or death resulting from any merchandise purchased with a voucher. Participant agrees to abide by any and all other rules and regulations established by the Company and the Event venue in connection with use of the voucher, and a violation of such rules and regulations can be a cause for forfeiture of the voucher.
CANCELLATION POLICY
Since the Company incurs costs, pays golf clubs on behalf of the Participants in advance, and has a limited number of spaces for each Event, the Company needs to ensure that it is protected from Participants canceling once registered. Other than as set forth herein, registration fees are non-refundable, however, in the event that Participant must cancel an Event registration, the Company will provide the Purchaser with a 25% credit to be on or before the date that is 12 months after the date of the originally booked Event provided that (i) registration for the Event for which the Participant cancelled is fully booked by other participants as of the date of the Event, and (ii) registration for the substitute Event is done in a timely manner. Availability at a substitute Event is not guaranteed and no spots will be held for any substitute Event. Cancellation credits are based on the total cost paid by the Participant. Cancel a booking by contacting .
FORCE MAJEURE
The Company will make every effort to ensure the Event can be held safely for all Participants, sponsors, caddies and other attendees. However, if the Event’s safety is impacted or in question, the Company reserves the right to modify, reschedule, or cancel the Event without liability. In the event of circumstances that are outside of the Company’s control, such as golf course closures as a result of acts of nature, including but not limited to severe storms, hurricanes, floods, or blizzards, golf course unavailability through golf club bankruptcy, earthquakes, or fire, other acts of God, civil unrest, riots, acts of terrorism, war, strikes, lockouts, or labor disputes, outbreak of disease, and/or unforeseen circumstances which make an Event impossible, commercially impracticable, or illegal to hold (each, a “Force Majeure Event”), the Company may cancel the Event, without liability, in writing to the email Participant provided upon registration. Participant hereby waives any claim for damages or compensation should an Event be canceled due to any Force Majeure Event. The Company will use its commercially reasonable efforts to rebook the Event for another date, provide alternative arrangements, or provide a credit to the Participant for a future Event, but this is not guaranteed.
NO RAIN CHECK PRIVILEGES | NO REFUNDS OR EXCHANGES
ASSUMPTION OF RISK AND WAIVER OF CLAIMS
Participant VOLUNTARILY ASSUMES ALL RISK AND DANGER incidental to or arising out of attending an Event, from both known and unknown causes and both obvious and hidden conditions, including, without limitation, (i) injury or death from a golf shot, as a result of being struck by a golf cart or any other accident involving a golf cart, as a result of any falls on the Event venue golf course and surrounding areas, the actions or inactions of other participants, other people at the Event, the Company, the Event venue, the sponsors or any other third parties whether such risk or danger occurs prior to, during, or subsequent to an Event, (ii) with respect to damaged, lost, or stolen personal property and/or equipment and any personal property and/or equipment that is left at the Event venue before, during or after the Event, and (iii) use of any parking site provided for Event attendees (please take appropriate security precautions and lock any Participant vehicle).
Participant further acknowledges that (i) an inherent risk of exposure to contagious diseases (including without limitation influenza and COVID-19) exists in any place where people gather, including at Events; (ii) certain diseases are extremely contagious and can lead to severe injuries, illness, and death; and (iii) the elimination of risk of exposure and infection to such diseases is not possible. By attending an Event, Participant voluntarily assumes all risks and dangers of contracting any communicable disease or illness whether occurring before, during, or after the Event, however caused or contracted.
Participant hereby releases, waives, discharges (and covenants not to sue) the Company, the Event venue, participating players, caddies, sponsors, vendors, or volunteers, and officers, directors, shareholders, employees, agents, sponsors, assigns, and affiliates thereof (collectively, “Releasees”) from all liability to Participant, his/her personal representatives, assigns, heirs, and next of kin for any and all loss, injuries, illness or death and any damage to personal property, and any claim or demands therefore on account of personal injury, death, or loss or damage to personal, private, or other property and equipment, whether caused by the negligent acts or omissions of the Releasees or otherwise, resulting from or arising out of Participant’s registration and/or attendance at the Event. In addition, Participant and his/her personal representatives, assigns, heirs, and next of kin hereby voluntarily waive all claims and releases the Releasees from any and all liabilities arising out of or related to Covid-19, other communicable diseases, and injuries, illness, or death related thereto.
FURTHERMORE, IN NO EVENT SHALL THE COMPANY OR ANY OF THE OTHER RELEASEES BE LIABLE TO PARTICIPANT, HIS/HER PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR CONSEQUENTIAL, ECONOMIC, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR THIRD-PARTY DAMAGES INCURRED, OR LOSS OF PROFITS, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO ANY EVENT, THE ATTENDANCE AT ANY EVENT, OR THE REGISTRATION FOR ANY EVENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY SUCH DAMAGES MAY BE INCURRED. Any and all claims, judgments and awards from actions arising from any Event shall be limited to actual out-of-pocket costs incurred, including costs associated with registering for the Event. Attorneys’ fees will not be awarded or reimbursed.
If the Participant is a parent or guardian accompanying a minor or minors to an Event, by allowing the minor(s) to attend the Event with Participant, Participant is deemed to have given all of the foregoing releases and waivers on behalf of such minors.
If Participant’s property is not removed by end of the day of the Event, the Company reserves the right to charge the Participant a storage and/or disposal fee due immediately.
INDEMNIFICATION
PARTICIPANT AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES from and against any losses or liabilities they may incur as a result of Participant’s actions or omissions at any Event, including, without limitation, acts or omissions or allegations thereof while present at or around the Event site. Participant agrees to indemnify, defend and hold harmless the Company and all of the other Releasees from and against any and all claims, suits, fees, losses, liabilities, damages, judgments, costs and expenses (collectively referred to as “Claims”), including reasonable attorneys’ fees incurred as a result of such Claims, arising out of the actions or inactions of the indemnifying party at or in connection with any Event, including but not limited to (a) the indemnifying party’s gross negligence or willful misconduct, (b) the indemnifying party’s breach of any obligation imposed by these Terms and Conditions, or (c) any personal injury (including death) or damage to property resulting from the indemnifying party or its invitees’ or guests’ acts or omissions.
CONSENT TO MARKETING
By registering for an Event, Participant agrees to receive marketing emails from the Company and its sponsors.
RIGHT TO USE IMAGE ETC.
Participant expressly grants the Company and its licensees and affiliates the right to use Participant’s name, picture, image, likeness, voice, actions, responses to the questions contained in the registration, and statements (and that of any minor accompanying the Participant) in connection with any media created in connection with such Event for any purpose, including promotional, advertising, analytical and internal purposes, in any and all media now known or hereafter developed (in whole or in part), without further authorization or consideration.
DATA USE AND PRIVACY POLICY
Participant consents to the Company retaining and using any data that Participant provides to it. This data may include sensitive personal information. Nothing in these Terms and Conditions authorizes the collection, storage, disclosure or use of data contrary to the framework of applicable privacy laws including state and federal laws.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be governed by the internal laws of the State of Delaware, without regard to the conflicts of law provisions thereof. Participant agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted in the state of Delaware, and if any portion thereof is held invalid for any reason, it is agreed that the balance shall continue in full legal force and effect.
Any disputes involving the Participant and the Company and/or any of the other Releasees shall be resolved by arbitration in the State of Connecticut pursuant to the Commercial Rules of the American Arbitration Association then in force. A judgment upon the award rendered by the arbitrator(s) shall be final and non-appealable and may be entered in any court having jurisdiction thereof.
AMENDMENTS TO TERMS AND CONDITIONS
The Company reserves the right to amend these Terms and Conditions from time to time by posting the changes here. It is Participant’s responsibility to check here for changes before registering for an Event. The Terms and Conditions are subject to change without notice.