Terms of service

FAIRWAYS TERMS AND CONDITIONS

These Terms and Conditions (the “Terms”) govern your purchase and use of a Fairways Pass and the Fairways Program. By purchasing a pass, creating an account, booking a round, or otherwise using the Fairways Program, you (“you” or the “Passholder”) agree to be bound by these Terms.

1581786 B.C. LTD.
#208-1664 Richter Street,
Kelowna, BC V1Y 8N3
Email: info@joinfairways.com

In these Terms, “Fairways”, “we”, “us” and “our” refer to 1581786 B.C. LTD.

  1. PURPOSE AND SCOPE

1.1 Purpose.

Fairways operates a subscription-based golf program that provides Passholder with access to a specified number of rounds at participating golf courses (The “Courses”, and each a “Course”), subject to terms and availability.

1.2 Scope.

These Terms govern your participation in the Fairways Program, including booking rights, payment obligations, conduct requirements, and limitations of liability. These Terms are separate from and independent of any terms you may have with a participating Course.

1.3 Acceptance.

By purchasing a Pass, creating an account, booking a round, or otherwise using the Fairways Program, you expressly agree to be bound by these Terms.

  1. DEFINITIONS

In addition to the terms defined elsewhere in these Terms, the following words or phrases have the meanings set out below.

(a) “Course Policies” means the rules, dress codes, pace-of-play requirements, and other operational policies of each Course.

(b) “Fairways Booking” means a confirmed reservation for a round of golf at a Course made by a Passholder through the Fairways Program.

(c) “Fairways ID” means the unique digital or physical identifier issued by Fairways to a Passholder for verification and booking purposes.

(d) “Fairways Program” means the subscription-based golf program operated by Fairways.

(e) “Included Round” means one of the up to two (2) rounds per participating Course included in a Pass for the Season.

(f) "Late cancellation" means a cancellation or rescheduling request made by a Passholder less than seventy-two (72) hours before a scheduled tee time, or within any longer cancellation period required by the applicable Course, as shown in the Fairways booking portal at the time of booking.

(g) “Passholder” means an individual who holds a valid, active Fairways Pass in the Fairways Program at the time of booking and play.

(h) “Pass” means a valid, active subscription purchased by a Passholder that entitles the Passholder, during the applicable term and subject to these Terms, to access the Fairways Program and the pass benefits included in the selected program.

(i) “Season” means the calendar year, from January 1 to December 31, for which a Pass is valid. Rounds may only be played at a participating Course during that Course's Course Operating Season.

(j) "Course Operating Season" means the period during a Season in which a participating Course is open for play, as determined solely by that Course. Course Operating Seasons vary by Course and region, are typically shorter than the Season, and may change from year to year because of weather, course conditions, or other factors.

  1. PASSHOLDER TERMS

3.1 Passholder Term

Pass usage begins at the beginning of the calendar year (if purchased before January 1st), or on the date of purchase (if purchased after January 1st) and continues for the duration of the selected calendar year, unless ended earlier in accordance with these Terms.

3.2 Passholder Benefits

Subject to these Terms and the Passholder remaining in good standing, Fairways provides the Passholder with access to the following Passholder benefits during the applicable term:

• To request and book tee times at participating Courses through the Fairways booking platform, subject at all times to availability, Course participation, blackout dates, booking restrictions, applicable Course Policies, and any additional terms imposed by Fairways or the applicable Course from time to time;

• To access and use the Fairways booking platform solely for personal, non-commercial purposes and in accordance with these Terms and any applicable platform terms, policies, or usage requirements established by Fairways from time to time; and

• To receive and use a Fairways identification credential, passholder card, digital ID, or similar verification method, which may be suspended, revoked, or replaced by Fairways at any time in accordance with the terms herein.

For clarity, passes do not guarantee tee time availability, access to any particular Course, or access to any minimum number of rounds unless expressly stated as part of the selected program.

3.3 No Guarantee of Availability

The Passholder acknowledges and agrees that participating Courses and affiliated benefits may be added to, modified, suspended, or removed from the Fairways program at any time without notice, that all tee time inventory and availability are determined solely by the applicable Course in its sole discretion, and that Fairways does not guarantee the availability of any particular Course, tee time, date, time slot, or booking opportunity.

Without limiting the foregoing, the list of participating Courses is not fixed for the Season. Courses may be added to or removed from the Fairways program at any point during the Season, and the Courses available for booking at the time of purchase may differ from those available later in the Season.

3.4 Non-Transferability

Passes and Fairways IDs are personal to the Passholder, non-transferable, and may not be shared, assigned, sold, sublicensed, or used by any other person. Any attempted transfer, sharing, or unauthorized use may result in suspension or termination of the Pass and repayment of all previous rounds played with the Pass, at Fairways’ discretion.

3.5 Season Pass; Expiry and No Carryover

Each Pass is valid for a single Season only. A Pass includes up to two (2) Included Rounds per participating Course, as set out in Section 5.2, and is not a commitment by Fairways to provide any minimum number of rounds. All Included Rounds that have not been played by the end of the Season expire at 11:59 p.m. Pacific Time on December 31 of that Season, regardless of the reason they were not used, including tee-time availability, weather, course closures, or a course leaving the Fairways Program. Expired rounds cannot be carried over to a later Season, transferred, refunded, credited, or exchanged for cash or any other benefit. A new Pass must be purchased for each Season.

  1. BOOKING AND PLAY

4.1 Booking Process

All Fairways Bookings must be made exclusively through Fairways’ designated booking platform or reservation system. Any tee time booked directly with a Course, or through any third party other than Fairways, shall not constitute a Fairways Booking and shall not be eligible for any associated pass benefits. If a Course charges Fairways for a tee time the Passholder booked directly with that Course, Fairways may charge the Passholder the amount billed, up to the Course’s regular published rate for that tee time, and may suspend the Passholder’s booking privileges until that amount is paid in full.

4.2 Verification at Check-In

The Passholder must present a valid Fairways ID, together with any additional identification reasonably required by the applicable Course, upon request. Participating Courses reserve the right to refuse to honour the Fairways Booking or deny access to a tee time where the Passholder is unable to satisfactorily verify their identity or Fairways Pass status.

4.3 Compliance with Course Policies

The Passholder must comply at all times with all rules, policies, procedures, dress codes, conduct requirements, cancellation policies, and other terms imposed by any participating Course. Fairways is not responsible for the administration, enforcement, interpretation, or application of Course Policies, all of which remain within the discretion of the applicable Course.

4.4 Mixed Groups

Passholder may purchase guest rounds through the Fairways platform, which may permit guests of the Passholder to access participating Courses in accordance with the terms, conditions, restrictions, and pricing applicable to such guest rounds from time to time.

Passholder are responsible for ensuring that their guests comply with all applicable Course Policies and these Terms. The Passholder may be held responsible for acts, omissions, misconduct, damages, charges, penalties, or violations caused by or attributable to their guests.

4.5 Prohibited Conduct

The Passholder shall not, directly or indirectly:

• Engage in any abusive, unsafe, disruptive, fraudulent, or otherwise inappropriate conduct while using the Fairways platform or while accessing any participating Course;

• Circumvent, attempt to circumvent, or otherwise interfere with any booking limits, system controls, access restrictions, or usage rules implemented by Fairways or any Course;

• Create or maintain more than one account or otherwise operate multiple accounts in connection with a single pass;

• Transfer, assign, share or permit any third party to access or use the Passholder's Fairways Pass or Fairways ID; or

• Misrepresent or attempt to misrepresent their identity, eligibility, or pass status.

Fairways may, in its discretion, suspend, restrict, or end a Pass and/or collect payment from previous Pass rounds used throughout the season, and/or disable access to the platform if the Passholder breaches (or Fairways reasonably suspects the Passholder has breached) this Section 4.5.

  1. FEES AND PAYMENT

5.1 Pass Fees.

Pass fees are due and payable in full at the time of purchase and are non-refundable and non-creditable, except where otherwise required by applicable law.

5.2 Round Inclusions

Each Included Round entitles the Passholder to 18 holes of golf at a participating Course, together with the use of a golf cart where such cart use is ordinarily included by the Course for comparable play, and access to Course amenities where such access is ordinarily included by the applicable Course.

Each Fairways Pass includes up to two (2) Included Rounds at each participating Course during the Season. Where a participating Course operates more than one 18-hole layout at the same property, the two (2) Included Rounds apply to the property as a whole and not to each individual course layout.

To protect tee-sheet access for all Passholders, a Passholder may book no more than one (1) round at any single participating Course per calendar day. Where a participating Course operates more than one 18-hole layout at the same property, this daily limit applies to the property as a whole. Rounds at different participating Courses on the same day are permitted. Fairways may cancel any additional booking made at the same Course for the same day.

5.3 Excluded Services

The Fairways Booking does not include, and the Passholder is responsible for paying directly to the applicable Course at its prevailing rates, all ancillary goods and services, including without limitation: club rentals, premium or upgraded carts, caddie services, enhanced or additional driving range access beyond standard inclusions (if any), food and beverage, merchandise or retail purchases, and any other optional or premium services or amenities not expressly included as part of an Included Round under these Terms.

5.4 Taxes

Fairways collects and remits applicable taxes on Pass-facing prices in accordance with the laws of British Columbia.

  1. CANCELLATIONS, RESCHEDULING AND NO-SHOWS

6.1 Rescheduling & Cancellation

Passholders may reschedule a booking without penalty subject to tee time availability, as well as the specific cancellation and rescheduling policies of each partner course. Rescheduling must comply with the applicable partner course policy, but in no event less than seventy-two (72) hours prior to the scheduled tee time, even if the course’s standard policy allows a shorter window.

6.2 Late Cancellation

Any Late Cancellation shall result in the automatic forfeiture of: (i) the Included Round allocated to the applicable booking; (ii) all remaining Rounds at that Course for the remainder of the Season; and (iii) any guest rounds attached to the applicable booking, in each case without refund, credit, or reinstatement. Where a Course includes more than one course at a single property, this forfeiture applies to the whole property.

6.3 No-Shows

If a Passholder fails to attend or use a booked tee time without cancelling in accordance with these Terms, the forfeitures set out in Section 6.2 shall apply, without refund, credit, reinstatement, or rescheduling rights.

6.4 Repeated No-Shows or Late Cancellations

If a Passholder has a combined total of three (3) no-shows (as described in Section 6.3) and/or Late Cancellations in a Season, Fairways may suspend the Passholder’s booking privileges pending review. This excludes the circumstances outlined in Sections 6.4 and 6.5. To reinstate booking privileges, the Passholder must pay a reinstatement fee of five hundred Canadian dollars ($500 CAD), plus applicable taxes, which Fairways may waive in its sole discretion. Reinstatement does not restore any Included Rounds forfeited under Sections 6.2 or 6.3. Any further no-show or Late Cancellation in the same Season may result in a further suspension and reinstatement fee, or termination of the Pass, at Fairways’ discretion. No refund, credit, or extension shall be provided for any period of suspension.

6.5 Weather and Exceptional Circumstances

An Included Round shall not be forfeited where: (i) the applicable Course closes, cancels, or suspends play due to weather, course conditions, or other unsafe circumstances; or (ii) the Passholder is unable to attend due to a serious injury, medical emergency, or other circumstance approved by Fairways in its sole discretion, provided that the Passholder notifies Fairways as soon as reasonably practicable. Fairways reserves the right to require reasonable supporting documentation as a condition of approving any exception under this provision.

6.6 Course-Initiated Cancellations

If a participating Course cancels a Fairways Booking due to operational issues, weather conditions, course maintenance, overbooking, or any other reason beyond the Passholder's control, the Included Round allocated to the applicable booking shall be reinstated to the Passholder's account.

  1. FAIRWAYS’ RIGHTS AND DISCLAIMERS

7.1 Program Administration

Fairways shall administer the Fairways Program in a commercially reasonable manner; however Fairways does not represent, warrant, or guarantee that the Fairways Program, booking platform, or related services will be available at all times or operate uninterrupted, timely, secure, or error-free.

7.2 No Control Over Courses

Fairways does not own, operate, manage, or control any participating Course and is not responsible for any aspect of Course operations, including without limitation Course conditions or maintenance, Course closures or interruptions, Course Policies, staffing decisions, employee or contractor conduct, customer service matters, or the availability, quality, or provision of services or amenities at any Course.

7.3 Program Modifications

Fairways reserves the right, in its sole discretion, to modify, suspend, discontinue, or update any aspect of the Fairways Program from time to time, including participating Courses, booking procedures and restrictions, passholder benefits, included rounds, pricing, and program features; provided that Fairways shall use commercially reasonable efforts to provide notice to Passholders of any material adverse changes affecting pass benefits or usage rights.

7.4 Suspension or Termination

Fairways may, in its sole discretion, immediately suspend or terminate a Pass, without prior notice, for any breach of these Terms, misuse or suspected misuse of the Fairways Program, abusive, unsafe, or disruptive conduct, fraudulent activity, or any other conduct reasonably determined by Fairways to be detrimental to the Fairways Program, participating Courses, or other Passholders. Except as expressly required by applicable law, no refunds, credits, or compensation shall be provided in connection with any such suspension or termination.

  1. PRIVACY

Fairways collects, uses, and discloses Passholder information in accordance with applicable privacy laws and its Privacy Policy. Passholders acknowledge and agree that Fairways may share with participating Courses only such information as is reasonably necessary to facilitate booking verification, identity confirmation, and the administration of Fairways Bookings.

  1. LIMITATION OF LIABILITY

9.1 Exclusion of Damages

To the fullest extent permitted by applicable law, Fairways shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or for any loss of profits, revenue, goodwill, data, enjoyment, or opportunity, arising out of or in connection with the Fairways Program or these Terms, whether based in contract, tort, negligence, or otherwise, even if advised of the possibility of such damages. Without limiting the foregoing, Fairways shall not be responsible or liable for any acts, omissions, conditions, or issues relating to any participating Course, including any Course-related incidents, injuries, disputes, service failures, or operational matters.

9.2 Maximum Liability

To the fullest extent permitted by applicable law, Fairways’ aggregate liability to the Passholder for any and all claims arising out of or in connection with these Terms or the Fairways Program, whether in contract, tort (including negligence), or otherwise, shall in all circumstances be limited to the total amount actually paid by the Passholder to Fairways for pass-related fees in the twelve (12) months immediately preceding the event giving rise to the claim.

9.3 Assumption of Risk.

The Passholder acknowledges and agrees that participation in golf and use of participating Courses involves inherent risks, including without limitation risks of personal injury, death, and property damage arising from course conditions, equipment, weather, terrain, and the actions or omissions of other players or third parties. The Passholder voluntarily assumes all such risks associated with participation in the Fairways Program and use of participating Courses.

  1. INDEMNITY

The Passholder agrees to indemnify, defend, and hold harmless Fairways, its affiliates, and each of their respective directors, officers, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) any breach by the Passholder of these Terms; (ii) the Passholder's conduct at any participating Course; (iii) the Passholder's misuse or improper use of the Fairways Program; or (iv) any violation by the Passholder or their guests of any applicable Course Policies.

  1. TERMINATION

You may cancel your Pass at any time; however, except as required by applicable law, all Passholder fees are non-refundable and non-creditable, any unused Included Rounds shall be forfeited, and any future bookings associated with the Pass shall be automatically cancelled as of the effective date of cancellation. Fairways may terminate a Pass for cause in accordance with these Terms, and such termination shall have the same effect.

  1. GOVERNING LAW

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The Parties submit to the exclusive jurisdiction of the courts of British Columbia.

  1. MISCELLANEOUS

13.1 Independent Parties.

Nothing in these Terms shall be construed as creating any partnership, joint venture, fiduciary, or agency relationship between Fairways and the Passholder, and neither party shall have any authority to bind or represent the other in any manner whatsoever.

13.2 Notices.

Any notices, communications, or other deliveries required or permitted under these Terms may be provided by Fairways to the Passholder via email to the address on file or through the Fairways platform, and any such notice shall be deemed received when sent or made available, as applicable.

13.3 Electronic Communications.

You consent to receive all notices, communications, and other information from Fairways electronically, including by email and through the Fairways platform, and agree that such electronic communications satisfy any legal requirement that such communications be in writing or signed.

13.4 Severability.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

13.5 Waiver.

No failure or delay by Fairways in exercising any right, remedy, or enforcing any provision of these Terms shall operate as, or be deemed to constitute, a waiver of such right, remedy, or provision, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of that or any other right or remedy.

13.6 Changes to these Terms.

Fairways may amend or update these Terms from time to time by providing notice to Passholders, including by email or through the Fairways platform.

Unless otherwise required by applicable law, any such updated Terms shall become effective on the date specified in the applicable notice. Continued access to or use of the Fairways Program after the effective date of any updated Terms constitutes acceptance of those updated Terms.

  1. ACCEPTANCE

If you do not agree to these Terms in their entirety, you must not purchase a Pass, access the Fairways Program, or otherwise use any of the services, benefits, or features made available through Fairways. By proceeding with a purchase or use of the Fairways Program, you acknowledge that you have read, understood, and agree to be bound by these Terms.