1. Eligibility and Responsibility

• Users must be at least 18 years old to book a session. Minors must be accompanied and supervised at all times by a parent or legal guardian.
• The individual who makes the booking is responsible for all guests in their party and for ensuring compliance with these Terms.
• Valid identification may be required.

2. Unmanned Facility Acknowledgment

• This is an unmanned/self-service facility. No staff may be present on-site.
• Use of the Facility is at your own risk.
• Emergency contact information and procedures are posted inside the Facility.

3. Assumption of Risk

• Golf simulator use involves inherent risks, including but not limited to being struck by golf balls, clubs, or equipment, slips and falls, and equipment malfunction.
• You voluntarily assume all risks, known and unknown, associated with use of the Facility.

4. Waiver and Release of Liability (New York Compliance)

To the fullest extent permitted by New York law, you release, waive, and discharge GoldPod LLC, its owners, officers, members, managers, employees, contractors, and affiliates from any and all claims, liabilities, injuries, damages, or losses arising from:

• Ordinary negligence related to use of the Facility or equipment
• Use or misuse of golf simulators, hitting bays, balls, clubs, or accessories
• Actions or omissions of other users or guests
• Theft, loss, or damage to personal property

This waiver does not apply to claims arising from gross negligence or willful misconduct, as prohibited under New York General Obligations Law.

5. Equipment Use and Care

• Use golf simulators, clubs, balls, and accessories only as intended.
• Only approved golf balls may be used.
• No swinging clubs outside designated hitting areas.
• Users are responsible for any damage caused by misuse or negligence and may be charged repair or replacement costs.

6. Prohibited Conduct

The following are strictly prohibited:

• Alcohol of any kind (including BYOB)
• Illegal drugs or controlled substances
• Smoking or vaping
• Reckless behavior, horseplay, or abuse of equipment
• Bringing unauthorized guests beyond booking limits
• Sharing keypad access codes or allowing tailgating entry
• Tampering with computers, simulator software (including Trackman), cameras, keypad locks, doors, or security systems
• Commercial use, instruction, or events without written permission

Violation may result in immediate termination of the session, remote lockout, charges for damages, and suspension or permanent ban without refund.

6A. Damage, Repair, and Cleaning Fees

Users are financially responsible for any damage to the Facility, simulator bays, screens, projectors, launch monitors, mats, flooring, walls, ceilings, computers, televisions, furniture, or accessories caused by misuse, negligence, or violation of these Terms.

Charges may include repair, replacement, labor, shipping, downtime, and administrative costs. Common examples include, but are not limited to:

• Impact damage to simulator screens, enclosures, or side barriers
• Damage to launch monitors from improper ball placement or strikes
• Broken clubs, cracked hitting mats, or damaged flooring
• Liquid spills or contamination of electronic equipment

A cleaning fee may be assessed for excessive mess, spills, bodily fluids, or improper disposal of trash.

Damage determinations may be supported by surveillance footage, access logs, or third-party repair estimates.

The Company may charge the payment method on file or invoice the responsible booking party for all assessed fees.

Failure to pay may result in account suspension, denial of future bookings, or lawful collection actions under New York law.

7. Booking, Access, and Session Time

• All bookings, access permissions, and session controls are managed through the Trackman booking and access system and related access control software.
• Facility entry is provided via a time-limited keypad access code issued electronically after successful booking.
• Keypad access codes are active only during the booked session window and will automatically deactivate at session end.
• Users must not enter early, remain after their session, or allow others to enter using their code.
• Late arrivals do not extend session time.
• Sessions end promptly at the scheduled end time. Users must exit the Facility immediately upon session completion.
• Access codes are non-transferable. Sharing or misuse of keypad codes may result in immediate termination, account suspension, additional fees, and denial of future bookings.

8. Cancellations and Refunds

• Cancellation and rescheduling policies are defined at the time of booking.
• No refunds for no-shows, early departures, or removal due to rule violations.
• The Company reserves the right to cancel sessions due to technical issues, safety concerns, or force majeure, with refunds or credits issued at our discretion.

9. Surveillance and Monitoring (New York Notice)

• The Facility is monitored by video surveillance for security, safety, access verification, and damage prevention purposes.
• No guarantee is made that monitoring is continuous or actively observed.
• By entering the Facility, you acknowledge and consent to such recording in accordance with New York law.
• Surveillance footage may be reviewed and used to investigate incidents, enforce rules, verify the Trackman booking and access system access compliance, or support claims for damages.

10. Technology, Simulator Software, and System Availability

• Simulator platforms including Trackman, launch monitors, and related software are provided "as is" and may experience interruptions, inaccuracies, calibration issues, or updates beyond our control.
• We do not guarantee simulator uptime, shot tracking accuracy, ball flight data, club data, course availability, or data retention.
• Session data, statistics, recordings, or scoring may be lost or unavailable, and no refunds will be issued due to software or system issues unless required by New York law.

11. Personal Property

• The Company is not responsible for lost, stolen, or damaged personal items.
• Do not leave valuables unattended.

12. Health and Safety

• Users should be in suitable physical condition to participate.
• Stop play immediately if you feel pain, dizziness, or discomfort.
• Follow all posted safety instructions and signage.

13. Indemnification

You agree to indemnify and hold harmless GoldPod LLC from any claims, damages, losses, or expenses (including attorney's fees) arising from your use of the Facility or violation of these Terms.

14. Right to Refuse or Terminate Access

We reserve the right to remotely suspend or terminate access via the Trackman booking system or related access control systems at any time, without notice or refund, for violations of these Terms, suspected misuse, safety concerns, or system abuse.

15. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of New York. Venue for any dispute shall lie exclusively in the state or federal courts located within Nassau County, New York, where permitted by law.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

17. Changes to Terms

We may update these Terms at any time. Continued use of the Facility constitutes acceptance of the revised Terms.

18. Acceptance

By booking a session, entering the Facility, or using the equipment, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.