TERMS AND CONDITIONS
USAGE. The Golf Course shall allow Nextgen Collegiate (NGC) Members to play an unlimited number of rounds at the rate(s) listed and for the duration(s) specified in this agreement. Nextgengolf agrees to sell memberships only to current students at a college, university, higher education or other education/career training organization. NGC holds students liable to the following terms and conditions which they must accept prior to purchasing the pass. Students are subject to tee time availability at participating courses during times specified in this contract. Passes are only valid at participating courses listed on Nextgengolf.org. Students must show their NGC membership and valid college id at the golf course when checking in. Passes cannot be copied, shared, or used by anyone but the authorized user of the pass. If caught sharing or copying, students immediately lose their pass and the right to participate in the program for future years. Students must abide by the local rules set by the Golf Course and follow etiquette policies provided during purchase. Courses have the right to revoke one’s NGC Membership as a result of misconduct. Active Graduate students can purchase a NGC membership as long as they are currently enrolled in college and have a valid student id.
POSITIONING. Except as otherwise expressly provided in the contract, positioning of course and pro advertisements on nextgengolf.org is at the sole discretion of NGC. Nextgengolf will publish agreed upon rate (s) and time (s) on the website and all promotional materials. The Golf Course acknowledges that Nextgengolf, Inc has not made any guarantees with respect to usage statistics or levels of impressions for any advertising except where expressly stated in this contract. Nextgengolf, Inc provides the Golf Course with estimated usage only as a courtesy to the course and shall not be held liable for any claims relating to said usage statistics. Any information collected by Nextgengolf, or its affiliates, relating to users or the Golf Course’s site (including and without limitation any personally identifiable transaction data, secure data, or demographic information relating to users of the site), shall be property of Nextgengolf, and the Golf Course shall not obtain any rights to such information by virtue of this agreement. Nextgengolf acknowledges that the Golf Course has not made any guarantees with respect to promoting the pass. It is assumed the course will promote NGC to students for marketing purposes. The Golf Course shall not compete with NGC by publicly offering the same NGC rate to students without the NGC Membership. Courses are able to offer their own student rate, but this rate needs to be different than the NGC student offering.
INFORMATION USAGE. The Golf Course hereby agrees to allow NGC use of information, language, pictures, and logos which are publicly available on the Golf Course’s website. The Golf Course gives permission for all such information to be used on nextgengolf.org for marketing purposes and can be removed at any time through a written request by The Golf Course. The Golf Course has complete control and ownership of their URL at all times. NGC will be fully compliant with all relevant regulatory standards including the Privacy Act and PCI Compliance.
RENEWAL TERMS. This is an agreement lasting from the date of this time-stamped online Agreement through the time The Golf Course chooses to opt out of the NGC program. NGC and The Golf Course will have an annual review on the collegiate offering. There is no money exchanged or shared between NGC and The Golf Course. The Golf Course is allowed to change their NGC offering at any time in their course owner/operator portal.
CANCELLATION. The Golf Course shall retain the right to opt out of this Agreement at any point. The Golf Course shall provide NGC written confirmation from an authorized representative that they wish to opt out of this Agreement. The Golf Course and/or Nextgengolf, Inc have the right to revoke a student’s membership at any time for any reason. The Golf Course and/or Nextgengolf must inform the other when a student’s pass has been revoked.
LIMITATION ON LIABILITY. The Golf Course assumes liability for golfer conduct on the course, and agrees to hold harmless, and will indemnify Nextgengolf from all claims, losses, judgments, and damages arising therefrom. Nextgengolf agrees to provide etiquette and course rules to students prior to joining NGC so long as the Golf Course furnishes Nextgengolf with such etiquette and course rules in advance.
INDEMNIFICATION. The Golf Course hereby agrees to indemnify and hold harmless Nextgengolf, Inc and the employees, officers, directors, shareholders, agents, and representatives of Nextgengolf, Inc, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors harmless from any and all losses, damages, rights, claims, and expenses, of any nature whatsoever, including but not limited to reasonable attorneys’ fees, for which Nextgengolf, Inc may become liable.
FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from delays caused by Acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state, or local governments, or other causes beyond its reasonable control.
CHOICE OF LAW / CHOICE OF FORUM. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law rules or provisions (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction other than the Commonwealth of Massachusetts. Any dispute or litigation related to this agreement must be filed in a court in the city of Worcester, MA.
Attn: Kris Hart
316 E St # 3
Boston, MA 02116