NewClub Terms and Conditions

Last updated: July 7, 2019

Welcome to NewClub.golf. These Terms and Conditions govern your use of NewClub.golf (the "Site") and the NewClub service (the "Service"). As a user or member of NewClub.golf, you agree to abide by these Terms and Conditions and any modifications that may be made to the Terms and Conditions (collectively, the "Terms") from time to time; if at any time you do not agree to these Terms you should not use the Service, or visit, or browse the Site.

These Terms constitute a binding legal agreement between you and The New Club, LLC ("NewClub," "we," "us," and "our"). Please read them carefully.

Modifications to Terms

NewClub reserves the right to change or modify any of the terms and conditions contained in these Terms, and any other NewClub terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. If NewClub updates these Terms, it will update the "last updated" date above. You should frequently review these Terms and other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you should not use the Service, or visit, or browse the Site.

Copyright and Limited License

The Site and all information, data, and other content and materials available on the Site, including, without limitation, the NewClub logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, "Content"), are the proprietary property of NewClub and its suppliers and licensors and are protected by U.S. and international copyright laws.

If you comply with all the terms and conditions of these Terms, NewClub, grants you a revocable, non-transferable, and non-exclusive license to access the Site and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your informational, personal, and non-commercial purposes only. This license is revocable at any time.

Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Registration Data, Account Security

You need to register for and maintain an account to use the Service. You also need to download the NewClub mobile application on your mobile device to use the Service properly. (Please abide by the terms and conditions of the third party service you use to download mobile applications. These Terms apply only to the NewClub Service and Site.) Data and/or charges may apply. 

You agree to (a) provide accurate, current and complete information about you as may be prompted by registration or application forms on the Site ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Site; and (c) maintain and promptly update the Registration Data, and any other information you provide to NewClub, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security. In some circumstances, in order to provide customer support, authorized NewClub administrators may need to access your account.

Fees for Service, Payment Terms, Cancellations, and Refunds

NewClub Membership is non-refundable. All gifts and offers associated with the NewClub Membership are extended only to paid and/or official Memberships. Membership may not be shared. 

When booking (paying for) your tee time on NewClub, a booking charge or service charge may be assessed on a per transaction basis, not a per tee time basis. Refunds for cancelled tee times can be made up to 24 hours in advance of the booked tee time. Any cancellations that occur after the 24 hour deadline may not be refunded or subject to additional fees or partial refunds. Refunds on tee times may be given due to inclement weather or extenuating circumstances at the discretion of NewClub. The refund may take the form of a rain check, or a credit back to the credit card used to pay for the round(s). Service fees may also be applied to charges incurred at a NewClub event or tee time.

You acknowledge that Membership fees for the Service shall be paid on an annual basis, that the Service will not be initiated until payment is received and processed by NewClub, and that the third party payment platform provider(s) we use to process payment hereunder may have their own terms and conditions. All fees are exclusive of applicable sales, excise, or use taxes. If NewClub does not receive payment from your credit card provider or the payment processor for any reason, you will pay all amounts due upon demand and NewClub may cancel your account. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. NewClub reserves the right to change the fees, charges, and payment terms for any such renewal period, provided that in the event of any change NewClub shall prompt you to accept any such amended terms in connection with the renewal process. NewClub will notify you by email at least 14 days before the expiration of your annual term.

To read NewClub's policies and procedures for play, please visit: https://www.newclub.golf/policies-procedures

Membership Instructions

Member Profile: Once you have purchased your Membership, you will receive a notification from NewClub which contains login credentials and instructions.

USGA Handicap: Once you have purchased your Membership, NewClub will purchase an account for a USGA handicap on your behalf at no extra cost to you. NewClub will pay the cost of a USGA handicap as long as you are an active and paid-in-full NewClub member. You will receive information regarding your unique USGA handicap redemption code, account information, and instructions for maintaining your handicap. 

Please contact us at membership@newclub.golf if you have questions regarding your member profile or USGA handicap. 

Booking Charges

When you book a tee time at a NewClub Partner golf club (“Partner Clubs”), you are responsible for payment of the booking at time of booking. See “Fees for Service and Payment Terms” for more information on payment terms. 

Booking Limits

Partner Clubs may specify a limited allotment of tee times available to NewClub members, limiting the number of rounds and visits you may have at each Partner Club in a given golf season, year, or all time. You must adhere to the limited allotments and you may not visit or play more rounds at a Partner Club once your allotment has been exhausted.

Ambassador Membership

Applicants who do not live in a NewClub served area are eligible for an Ambassador membership. Ambassadors may participate in any NewClub event or tournament, including travel destinations. Ambassadors may play at any of available public club and may only play one round at an available private club in a NCGS local region for the calendar year. Ambassadors may receive emails, push notifications, and other methods of communication.

User Obligations

You understand that the Service does not guarantee tee time availability. There may be no tee times available in a certain area or at a certain time. You may use the Service to browse for tee times that may be made available by the Partner Clubs. Not all clubs offer specified tee times and may restrict access to tee times based on their discretion.

By booking a tee time reservation through the Service, you:

  • Agree to comply with any club-specific identification requirements (e.g. proof of ID, proof of handicap, proof of employment, GHIN card or similar card) and bring the necessary identification (proof of ID, etc.) when playing at a Partner Club to prove your membership with NewClub. If you do not comply, the course may refuse to honor your tee time, the entire greens fee for all rounds reserved, additional fees, or any pre-paid incidentals may be forfeited.

  • Agree to comply with any cancellation policies set forth by NewClub.

  • Agree to allow NewClub to charge your credit card for purchase of any NewClub Service.

  • Agree to follow all course rules while playing rounds booked through the NewClub Service.

  • Authorize NewClub to share any and all application, feedback, or survey information such as your name, address, email address, and contact phone number with Partner Clubs.

  • Assume all risk and danger incidental to the game of golf, including, but not limited to, the danger of being injured by errant golf balls and clubs, and agree that NewClub, the Partner Clubs, and their employees are not liable for any injuries resulting from such causes.

Member Agreement

All approved NewClub members (including Ambassadors) agree to the following Member Agreement for participation in any and all Partner Clubs courses, facilities, event locations, meetings, or other NewClub sponsored event. Any violation of this Agreement may result in forfeiture of Membership, fees, or other repercussions at NewClub’s discretion.  

NewClub members agree to:

  • Adhere to all Partner Club or other partner policies, procedures, and rules.

  • Exercise all proper golf etiquette at all times at every Partner Club facility before, during, and after a golf round.

  • Keep all information about Partner Clubs, including participation as a Partner Club with NewClub, confidential and proprietary to NewClub members only.

  • Never share, forward, or otherwise disclose sensitive or confidential information about NewClub, Partner Clubs, or other partners to any non-members of NewClub without express written approval by NewClub and/or any partners where required.

  • Treat all fellow NewClub members, prospective members, and existing private club members at Partner Clubs with the utmost respect and gratitude.

  • Inform NewClub prior to solicitation of information on a full-time membership to any Partner Club and allow NewClub to facilitate membership requests.

Waiver

As a NewClub member, or guest of a NewClub member, you acknowledge the risks inherent to playing golf, including all equipment, facilities, and terrain. You also certify you are in good health and physically able to engage in all golf activities. You agree to voluntarily assume all risk of injury, accidental death, damages or loss, regardless of severity. You hereby release and hold Partner Clubs and NewClub harmless from all liability for personal injury, property damage, or any other damages while on the premises of the club. You agree to release and forever discharge any claims and hold Partner Clubs and NewClub harmless for any liability. You also take personal responsibility and liability for damaging any property of the club. You must also adhere to all warnings by our Partner Clubs for poor weather or other causes that may stop play on a golf course. 

Advertisements and Promotions

The Site may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than NewClub, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Interactive Services

The Site may include interactive features and services, including social networking functionality, chat rooms and forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Site users, and create, post, or store profile data, pictures, ratings or reviews, and other Content on the Site ("Interactive Services"). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Site any of the following:

  • Materials that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

  • Material that violates, or that causes NewClub or its affiliates or subsidiaries to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;

  • Material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;

  • Private or confidential information of any third-party (whether a person or entity), including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Site or with any other person or entity;

  • Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Site that are expressly designated as portions in which such Material is allowed);

  • Viruses, corrupted data, or other harmful, disruptive, or destructive files; or

  • Material that, in the sole judgment of NewClub, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Site, or which may expose NewClub, the Site, or its users to harm or liability of any nature.

NewClub takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is NewClub liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site or in your dealings with other Site users.

Although NewClub has no obligation to screen, edit, or monitor any material posted on or transmitted through the Site, NewClub reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Site at any time and for any reason without notice.

If you post material on or through the Site, then, unless NewClub indicates otherwise, you (a) grant NewClub and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material on the Service or for other purposes related to the Service, including, but not limited to, golf-related marketing; (b) grant NewClub and its affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if they choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Site; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for NewClub, the Site, or for third parties.

Dealings with Site Users

Your transactions, dealings, and correspondence with, or participation in promotions of, persons who place, respond to, or are named or referenced in, any Opinions, Content or other materials, and any terms, conditions, warranties, or representations associated with such transactions, dealings, and correspondence, are solely between you and such third party. NewClub is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions, or correspondence. If you enter into any kind of transaction with a Site user or other third party, NewClub and its subsidiaries and affiliates are not responsible or liable for any action or inaction of you or any other party to such a transaction.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of email or other submissions to NewClub (excluding material that you post on the Site in accordance with these Terms), are non-confidential and shall become the sole property of NewClub. NewClub will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, NewClub maintains a policy of terminating, in appropriate circumstances and at NewClub's sole discretion, account holders who are deemed to be repeat infringers. NewClub may also at its sole discretion limit access to the Site to any users and/or terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that any Content on the Site infringes upon any copyright that you own or control, you may file a notice of infringement with NewClub’s designated agent as set forth below.

Name of agent designated to receive notification of claimed infringement: 

Matthew Considine

Full address of designated agent to whom notice should be sent:

1900 N Lincoln Ave #302
Chicago, IL 60614

Telephone number of designated agent: 

(708) 634-8294

Email Address of designated agent: 

matt@newclub.golf

NewClub.golf may give notice of a claim of copyright infringement to users of the Site by means of a general notice on the Site, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's address in its records.

Trademarks

NewClub, the NewClub logo, and any other product or service name or slogan contained on the Site and in any Content are trademarks of NewClub and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NewClub or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by NewClub.

Third-Party Content

The Site may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. NewClub does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. NewClub undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web sites or Third-Party Content to which you navigate from the Site. You access and use Third-Party Content at your own risk.

Indemnification

You will defend, indemnify and hold harmless NewClub, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, including any injury occurring on the golf course or in transit thereto, your violation of these Terms, or your violation of any rights of a third party.

Questions & Contact Information

If you have any questions or concerns about the Site, the Service, or these Terms, you may contact NewClub at membership@newclub.golf.