This Participant Agreement and Waiver (the “Agreement”) is made and entered into by and between the individual agreeing to these terms (“Participant” or “you”) and Links Golf Collective LLC, a California limited liability company with a principal place of business at 2060 Avenida De Los Arboles #210, Thousand Oaks, California 91362 (the “Company”), on the date that you sign this Agreement.
By registering for the Experience (as defined below), you hereby agree to be bound by the terms and conditions of this Agreement.
1.Definitions
“Company Materials” means any and all materials, techniques, curriculum, exercises, written guides, outlines, templates, recordings, feedback, plans, itineraries, schedules, formats, creative content, marketing materials, and any other materials provided or developed by or on behalf of Company, its parent, its subsidiaries, and its affiliates, and each of their officers, directors, members, shareholders, representatives, owners, employees, contractors, licensees, successors, assigns, related parties, principals, agents, instructors, and/or any other staff (collectively, “Company Affiliates”), whether provided in physical or digital form or conveyed orally during the Experience.
“Experience” means the immersive, multi-day, custom or curated golf getaway, trip, retreat, outing, or experiences, whether individually, with a group, or as part of a corporate event, for which you signed up and which is provided by Company, scheduled to take place at the location provided in your registration (which shall be subject to change at Company’s sole discretion) (the “Location”) on or about the date provided in your registration (which shall be subject to change at Company’s sole discretion) (the “Experience Date”). The Experience includes, without limitation:
- Golf matches (the times, location, group size, number of rounds, and other details of which are as set forth in your registration, but shall be subject to change in Company’s sole discretion);
- Meals (the timing, location, quality, and frequency of which are as set forth in your registration, but shall be subject to change in Company’s sole discretion); and
- Other immersive events and sessions as determined by Company in Company’s sole discretion.
2.Eligibility and Enrollment
By enrolling in the Experience, you represent and warrant that you are at least 18 years of age or have obtained the written consent of a parent or legal guardian. You acknowledge that your participation is voluntary and that the Company reserves the right to decline, remove, or exclude any individual from the Experience in its sole discretion, without refund, if such individual violates this Agreement or disrupts the Experience environment.
3.Non-Disparagement, Non-Circumvent
You agree (a) not to disparage (i) the Experience, (ii) the Company, its instructors, its staff, and any Company Affiliates, (iii) any Experience sponsors, (iv) any Company sponsors, (v) the Location; (vi) any Location sponsors, owners, affiliates, employees, staff, or representatives; and/or (vii) any other participants (collectively, “Relevant Parties”) in any medium (public or private), including but not limited to online reviews, social media posts, or professional settings; and (b) not to directly or indirectly circumvent the Company by replicating or offering a competing golf-themed experience, trip, getaway, outing, retreat, or program without Company’s prior written consent.
4.Intellectual Property Rights
You agree that all aspects of the Company, the Company Affiliates, the Company Materials, the Experience, and all “Marks” (which shall be defined as any intellectual property including but not limited to copyrights, trademarks, trade names, trade secrets, and logos) of each of Company, the Company Affiliates, any Location sponsor(s) and any Experience sponsors shall be owned solely and exclusively by such respective party, and under no circumstance may you use, copy, publish, advertise, promote, exploit, or disseminate any such Marks without such party’s prior written consent; provided, however, that incidental, non-commercial uses of any such Marks in any non-disparaging social media posts shall be permitted.
5.Representations, Warranties, and Covenants
You represent, warrant, and covenant that: (a) you will not violate any law, rule, regulation, or ordinance whatsoever in connection with your participation in the Experience; (b) you will comply with all instructions and conduct yourself respectfully toward instructors, fellow participants, the Experience staff, any staff and other individuals at the Location, and any other Relevant Parties; (c) you will not engage in any unlawful, inappropriate, or disruptive behavior during the Experience, and acknowledge that any violation of this section may result in your removal from the Experience without refund; and (d) you have the full right and authority to enter into this Agreement, and the execution and performance of this Agreement will not violate any other agreement or restriction binding on you.
6.Indemnification
You agree to indemnify, defend, and hold harmless Company, the Company Affiliates, and all other Relevant Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, disputes, damages, losses, judgments, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to: (a) your breach of any representation, warranty, or obligation under this Agreement; and/or (b) personal injury, property damage, or harm caused by your conduct during the Experience. This indemnity shall survive the termination or expiration of this Agreement and shall apply to claims arising during or after the Experience.
7.Release and Waiver of Liability
You acknowledge and voluntarily assume all risks associated with your participation in the Experience, including physical, emotional, or mental discomfort or injury. You agree to waive, release, and discharge the Indemnitees from any and all claims, actions, causes of action, disputes, demands, liabilities, losses, costs, and expenses (including attorneys’ fees), known or unknown, arising out of or relating to: (a) participation in any Experience activity; (b) the use of the Experience venue and related facilities (including but not limited to the Location and any off-site locations); and (c) interaction with other participants or Experience or Location owners, employees, instructors, or staff or other Relevant Parties. This waiver includes, without limitation, any claims for personal injury (including emotional distress), property damage, economic loss, and claims arising from the negligent acts or omissions of any Indemnitee, except to the limited extent that applicable law prohibits such a release for gross negligence, recklessness, or willful misconduct. You acknowledge that the Experience is not an essential service and agree that the foregoing limitation of liability is fair and reasonable under the circumstances.
8.Appearance Release
You acknowledge that any of the Relevant Parties may take photographic, audio, and/or video footage of the Experience (collectively, “Footage”) and share, disseminate, publish, publicize, advertise, exploit, and/or post (collectively, “Use”) that footage on the Internet and/or social media (including but not limited to Meta, YouTube, TikTok, X, etc.) or Use that footage for promotional and/or commercial purposes. You hereby agree and consent to such Use and hereby grant to Company the right to use your name, voice, image, and likeness in connection with such Footage in any and all media known and unknown and hereafter devised worldwide in perpetuity for no consideration. Accordingly, you hereby agree to waive any and all claims in connection therewith, including but not limited to rights of privacy, defamation, false light, and right of publicity.
9.Experience Perks
Your Experience may include various activities and accommodations, including but not limited to air transportation, ground transportation, living accommodations during the Experience (e.g., hotel/resort stay), meals, golf activities, and any other Experience perks included in your registration (collectively, “Experience Perks”). For the avoidance of doubt, unless otherwise explicitly set forth in the Experience advertised to you and in which you registered, (a) living accommodations provided by Company shall be limited to standard room and tax only (in no event will Company pay or reimburse you for parking or incidentals), (b) air transportation (including airfare) shall not be paid for, provided, or reimbursed; (c) your access and/or use of any ground transportation to and/or from the Experience or any related transportation, if provided, shall be subject to your timely arrival for the scheduled time of departure of such transportation (and Company shall not pay for or reimburse you for any alternative transportation unless Company agrees in writing in advance to do so); (d) your ability to participate in meals and golf-related activities shall be subject to your timely arrival for the scheduled time(s) of all such meals and activities; and (e) while Company will use reasonable efforts to accommodate dietary restrictions in connection with any meals, Company does not guarantee its ability to do so.
Notwithstanding the foregoing and anything to the contrary herein, you acknowledge that the actual Experience Perks that Company provides in connection with your Experience may vary from the Experience Perks advertised to you or for which you registered due to emergencies, exigencies, scheduling conflicts, inclement weather, staffing issues, non-cooperation of any Location staff or personnel, and for any reason of “Force Majeure” (which shall be defined to include any Act of God; war; accident; fire; strike; lock-out or other labor controversy; riot; civil disturbance; act of public enemy; pandemic; epidemic; act of terrorism; law, enactment, rule, restraint, order, regulation, ordinance, or act of any governmental instrumentality or military authority; failure or inability to obtain any necessary permit or license; failure of technical facilities; inability to obtain sufficient labor, technical or other personnel; failure, delay or reduction in transportation facilities or living accommodations or water, electricity or other public utilities; or any other cause not reasonably within Company’s control or which Company could not by reasonable diligence have avoided), and Company shall have no liability whatsoever for any such discrepancy.
10.No Guarantees
You understand and acknowledge that participation in the Experience does not guarantee you any professional opportunity, representation, employment, exposure, or endorsement.
11.Dispute Resolution; Governing Law
In the event of any controversy or claim arising out of or relating to this Agreement (including the scope or applicability of this agreement to arbitrate) or the breach of any term hereof, the parties agree it will be resolved by confidential, binding, non-appealable arbitration conducted in the County of Los Angeles, and administered by JAMS in accordance with its Comprehensive Rules and Procedures, including the Optional Appeal Procedure. The arbitration will be held before a single neutral arbitrator; any appellate panel will consist of three neutral members. For any claim submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding and the decision will be based on the application of California law. Upon conclusion of any arbitration proceedings hereunder, the arbitrator will render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision he or she has reached. Any judgment upon the award rendered by the arbitrator may be entered in any state or federal court in the County of Los Angeles having jurisdiction of the matter thereof. The arbitrator will have the authority to grant any other equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a disputed matter, but will not have the authority to grant any remedies the parties have waived (including, without limitation, any waiver of punitive or exemplary damages contained in this Agreement). The parties agree to submit to the in personam jurisdiction of the Superior Court of the State of California for the County of Los Angeles and the United States District Court for the Central District of California for purposes of confirming any such award and entering judgment thereon. The prevailing party shall be entitled to reasonable outside attorneys’ fees.
12.Limitation of Liability and Waiver of Equitable Relief
(a) Limitation of Liability
To the maximum extent permitted by applicable law, Participant agrees that Company’s total liability for any and all claims, causes of action, actions, disputes, liabilities, losses, expenses, judgments, or damages arising out of or relating to this Agreement or participation in the Experience, whether in contract, tort, equity, or otherwise, shall not exceed the total amount of fees actually paid by Participant to Company for the Experience. This limitation applies regardless of the nature of the claim and even if Company has been advised of the possibility of such damages.
(b) No Consequential or Indirect Damages
In no event shall any of the Indemnitees be liable for any incidental, special, indirect, punitive, exemplary, or consequential damages, including but not limited to lost profits, lost opportunities, lost data, emotional distress, reputational harm, economic loss, or business interruption, even if advised of the possibility of such damages.
(c) Waiver of Injunctive and Equitable Relief
Participant hereby irrevocably waives any right to seek or obtain injunctive or other equitable relief (including but not limited to specific performance, restraining orders, or rescission) in connection with any claim under or related to this Agreement, the Experience, or Company’s use of Participant’s name, image, voice, or likeness in any Footage or otherwise pursuant to Section 8 herein or otherwise. Participant’s sole and exclusive remedy shall be an action for monetary damages subject to the limitations in this Section 12.
13.Cancellation and Refund Policy
The fee you pay to participate in the Experience is due in full upon registration unless otherwise expressly provided by Company. Experience capacity is intentionally limited in order to maximize the quality of the Experience and due to inherent space limitations. Accordingly, Company’s policy attempts to reflect this and so the cancellation policies are firm and as follows:
(a) Participant Cancellations
If you cancel your participation in the Experience:
- Within the first thirty (30) days after the Experience is publicly made available (May 1, 2026) for registration (the “Refund Period”), then you will be entitled to a full refund of all fees paid (or not be required to remit payment in the event you have not already done so).
- Within the ninety (90)-day period from the expiration of the Refund Period (the “Replacement Period”), then you shall not be entitled to any full or partial refund of any kind, unless Company is able to replace your registration with another registrant within a reasonable time following your cancellation. For the avoidance of doubt, Company shall have no obligation to find or attempt to find such replacement.
- At any point following the Replacement Period, then you shall not be entitled to any full or partial refund of any kind (provided, however, that any refund shall be at the sole discretion of Company).
All cancellation requests must be submitted in writing to Company at the contact address listed on the Experience website and must be received within the applicable timeframes above to qualify for a refund (if any). Company reserves the right to require proof of receipt or timestamp. Any approved refunds due will be processed to the original form of payment within a commercially reasonable time following Company’s receipt and approval of the refund request (you acknowledge and agree that such refund period may take at least thirty (30) days).
(b) Participant No-Show
In the event you do not cancel your participation in the Experience but you fail to attend, you shall not be entitled to any refund (provided, however, that any refund shall be at the sole discretion of Company).
(c) Company Cancellations or Postponements
Company reserves the right to cancel the Experience for any reason whatsoever. If Company cancels the Experience in its entirety for any reason, you will be entitled to a full refund of all fees paid or to credit such amount to a future Experience. If Company reschedules or postpones the Experience to a new date or location, you will have the option to (i) attend the rescheduled Experience (for which no refund will be due), or (ii) request a refund or credit such amount to a future Experience, provided that the timelines set forth in Sections 13(a)(i)–(iii) above shall apply to the rescheduled Experience date (commencing on the date that Company provides notice of the rescheduled Experience), unless such notice provides otherwise. Failure to request a cancellation and refund of the rescheduled Experience date within such applicable timeframes shall be deemed acceptance of the rescheduled Experience date. Refunds due will be processed to the original form of payment within a commercially reasonable time following Company’s receipt and approval of the refund request (you acknowledge and agree that such refund period may take at least thirty (30) days).
14.General Provisions
(a) Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior understandings or communications.
(b) Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been included, provided that the essential terms and intent of this Agreement remain substantially intact.
(c) Assignment
This Agreement is binding upon you and your heirs, and legal representatives. You may not assign this Agreement in any manner whatsoever, and any attempt to do so shall be deemed immediately null and void and be grounds for cancellation of your Experience without any refund. In this regard, your registration and attendance and participation in the Experience is non-transferable. This Agreement may be assigned, in whole or in part, by the Company without notice.
(d) Remedies
In addition to any remedies available at law or in equity, the Company shall have the right to suspend or revoke Participant’s access to the Experience, in the event of any breach or threatened breach of this Agreement. Participant acknowledges that monetary damages may not be an adequate remedy for the Company’s potential loss and agrees that the Company shall be entitled to seek any remedy at law and/or equity (including but not limited to injunctive and equitable relief), along with legal fees, costs, and appropriate relief as determined in arbitration.
(e) Relationship
Neither this Agreement, nor Participant’s participation in the Experience, will be deemed to create or be construed to create a joint venture, partnership or agency relationship between Company and Participant, and Participant will not represent otherwise.
(f) Term and Survival
This Agreement becomes effective upon Participant’s registration in the Experience and continues in full force and effect for the duration of the Experience and indefinitely thereafter. This Agreement and all of its terms and conditions shall survive indefinitely, even after the conclusion of the Experience or Participant’s relationship with the Company.
(g) No Waiver
No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
(h) Acknowledgment
By checking the box or otherwise affirming your acceptance during the online registration process, you confirm that you have read, understood, and agreed to be legally bound by the terms of this Agreement. You further acknowledge that you have the right to seek independent legal counsel before registering for any Experience and agreeing to this Agreement.
(i) Electronic Acceptance
This Agreement may be accepted electronically through a click-to-agree mechanism, digital checkbox, or other electronic signature method, which shall have the same force and effect as an original signature. No physical signature or countersignature is required for this Agreement to be binding.