Terms of service

FAIRWAYS MEMBERSHIP TERMS AND CONDITIONS

These Membership Terms and Conditions (the “Terms”) govern your purchase and use of a Fairways membership and the Fairways Program. By purchasing a membership, creating an account, booking a round, or otherwise using the Fairways Program, you (“you” or the “Member”) 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 membership program that provides Members with access to a specified number of rounds at participating golf courses (The “Courses”, and each a “Course”), subject to membership 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 Membership, 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 Member through the Fairways Program.

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

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

(e) “Included Round” means one of the rounds included in a Membership package.

(f) “Late Cancellation” means a cancelation or rescheduling request made by a Member less than twenty-four (24) hours prior to a scheduled tee time.

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

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

(i) “Season” means the applicable golf season for which the Member’s subscription is active.

  1. MEMBERSHIP TERMS

3.1 Membership Term

Membership begins on the date of purchase and continues for the duration of the selected Membership plan, unless ended earlier in accordance with these Terms.

3.2 Membership Benefits

Subject to these Terms and the Member remaining in good standing, Fairways provides the Member with access to the following membership 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, membership 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, Membership does 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 Membership plan.

3.3 No Guarantee of Availability

The Member 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.

3.4 Non-Transferability

Memberships and Fairways IDs are personal to the Member, 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 Membership at Fairways’ discretion.

  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 membership benefits.

4.2 Verification at Check-In

The Member 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 Member is unable to satisfactorily verify their identity or membership status.

4.3 Compliance with Course Policies

The Member 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

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

Members are responsible for ensuring that their guests comply with all applicable Course Policies and these Terms. The Member 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 Member 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 Membership;

• Transfer, assign, share or permit any third party to access or use the Member’s Fairways Membership or Fairways ID; or

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

Fairways may, in its discretion, suspend, restrict, or end a Membership and/or disable access to the platform if the Member breaches (or Fairways reasonably suspects the Member has breached) this Section 4.5.

  1. FEES AND PAYMENT

5.1 Membership Fees.

Membership 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 Member 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.

5.3 Excluded Services

The Fairways Booking does not include, and the Member 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 Membership-facing prices in accordance with the laws of British Columbia.

  1. CANCELLATIONS, RESCHEDULING AND NO-SHOWS

6.1 Rescheduling

Members may reschedule a booking without penalty provided that the rescheduling request is made at least twenty-four (24) hours prior to the applicable tee time and subject at all times to tee time availability.

6.2 Late Cancellation

Any Late Cancellation shall result in the automatic forfeiture of the Included Round allocated to the applicable booking, without refund, credit, or reinstatement.

6.3 No-Shows

If a Member fails to attend or utilize a booked tee time without cancelling in accordance with these Terms, the Included Round allocated to that booking shall be automatically forfeited without refund, credit, reinstatement, or rescheduling rights.

6.4 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 Member is unable to attend due to a serious injury, medical emergency, or other circumstance approved by Fairways in its sole discretion, provided that the Member 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.

6.5 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 Member’s control, the Included Round allocated to the applicable booking shall be reinstated to the Member’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, membership benefits, Included Rounds, pricing, and program features; provided that Fairways shall use commercially reasonable efforts to provide notice to Members of any material adverse changes affecting membership benefits or usage rights.

7.4 Suspension or Termination

Fairways may, in its sole discretion, immediately suspend or terminate a Membership, 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 Members. 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 Member information in accordance with applicable privacy laws and its Privacy Policy. Members 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 Member 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 Member to Fairways for Membership fees in the twelve (12) months immediately preceding the event giving rise to the claim.

9.3 Assumption of Risk.

The Member 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 Member voluntarily assumes all such risks associated with participation in the Fairways Program and use of participating Courses.

  1. INDEMNITY

The Member 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 Member of these Terms; (ii) the Member’s conduct at any participating Course; (iii) the Member’s misuse or improper use of the Fairways Program; or (iv) any violation by the Member or their guests of any applicable Course Policies.

  1. TERMINATION

You may cancel your Membership at any time; however, except as required by applicable law, all Membership fees are non-refundable and non-creditable, any unused Included Rounds shall be forfeited, and any future bookings associated with the Membership shall be automatically cancelled as of the effective date of cancellation. Fairways may terminate a Membership 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 Member, 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 Member 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 Members, 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 Membership, 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.