MEMBERSHIP TERMS & CONDITIONS
Effective Date: December 2, 2025 | Last Updated: December 2, 2025 | V2.120125
These Membership Terms & Conditions ("Terms") govern the membership program offered by Birdies & Lattes ("Birdies & Lattes," "we," "us," or "our"). By purchasing, activating, or using a Birdies & Lattes membership (a "Membership"), you ("Member" or "you") agree to be bound by these Terms.
By purchasing a membership, you agree to the following terms and conditions.
1. DEFINITIONS
For purposes of these Terms:
"Premises" means all physical locations operated by Birdies & Lattes, including golf simulators, café areas, lounge areas, and any related facilities.
"Services" means all membership benefits, including but not limited to access to golf simulators, practice areas, events, discounts on food and beverages, and other perks described in your selected Membership Plan.
"Membership Plan" means the specific tier and benefits you select as described in Schedule A.
"Off-Peak Hours" means Sunday 5:00 PM through Friday 5:00 PM.
"Peak Hours" means Friday 5:00 PM through Sunday 5:00 PM.
"Off-Season" means April through October of each calendar year.
2. ELIGIBILITY & ACCOUNT REGISTRATION
2.1 Minimum Age
Membership is available only to individuals aged 18+ years, with the following exceptions:
Junior Membership: Available to individuals aged 6-17 years. A parent or legal guardian must co-sign the membership agreement and assumes responsibility for the Junior Member's conduct and fees.
Senior Membership: Available to individuals aged 60 years and older. Proof of age may be required at the time of registration.
2.2 Information Accuracy
You agree to provide accurate, current, and complete information during registration and to keep it updated.
2.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials for your membership account. You are responsible for all activity under your account.
3. MEMBERSHIP PLANS & BENEFITS
3.1 Plan Types
We offer the following Membership Plans, each with specific benefits as detailed in Schedule A:
Par Membership— Entry-level tier with 4 off-peak hours per month
Birdie Membership — Mid-tier for serious golfers with 8 off-peak hours per month
Eagle Membership — Premium tier with unlimited off-peak access
Junior Membership— For members aged 6-17 with 4 off-peak hours per month
Senior Membership — For members aged 60+ with 5 off-peak hours per month
Range Pass— Limited access for driving range practice only (see Section 3.5)
3.2 Included Hours & Usage Limits
Off-Peak Hours: Each Membership Plan includes a specific allocation of off-peak simulator hours per month as specified in Schedule A.
Daily Maximum: Members may use a maximum of 2 hours of included time per day (3 hours for Eagle members).
Rollover: Unused included hours roll over for up to 90 days from the date they were credited.
Off-Season Bonus: During the Off-Season (March–October), members receive additional bonus hours as specified in Schedule A.
3.3 Discounts & Perks
Each Membership Plan includes specific discounts on bay rentals, café purchases, events, and lessons as detailed in Schedule A. Additional perks may include:
Birthday Hour: Annual members receive one complimentary hour during their birthday month.
Loyalty Points: Members earn loyalty points on purchases at the multiplier rate specified for their tier.
Complimentary Beverage: Senior and Eagle members receive one free cold brew or drip coffee per visit (limit one per day).
3.4 No Transfer
Memberships are personal to you and may not be assigned, transferred, or shared. Members must be present to utilize benefits.
3.5 Range Pass — Special Terms
The Range Pass is a limited-access membership with the following restrictions:
Game Mode: Driving range mode only — no course play, games, or other simulator features.
Hours: Off-peak hours only at a rate of $25/hour ($20/hour during Off-Season).
Occupancy: Maximum 2 persons per bay.
No Additional Perks: Range Pass holders do not receive café discounts, event discounts, loyalty points, or other membership perks.
3.6 Changes to Benefits
We may add, modify, or remove Membership benefits from time to time (see Section 18). Where possible, we will provide advance notice of material changes.
4. FEES, BILLING & PAYMENT
4.1 Membership Fees
Membership fees ("Fees") are charged as described at the time of registration. All fees are quoted in US Dollars and are exclusive of applicable NJ Sales taxes.
4.2 Payment Plan Options
Members may choose from the following payment structures:
Month-to-Month (Flexible)
Base monthly rate plus a 3% processing fee
No commitment required
Fees are billed in advance on a recurring basis every month on or around the date of your original purchase
See Section 5 for cancellation terms
Annual Commitment Payment Plan
Pay 11 months' total rate spread across 12 monthly payments (equivalent to approximately 8.3% savings or 1 month free)
No processing fee
12-month commitment required
See Section 5 for early termination terms
Annual Upfront Payment
Pay for 10 months upfront and receive 12 months of membership (equivalent to approximately 16.7% savings or 2 months free)
No processing fee
All sales final — no refunds under any circumstances
Membership term is fixed and cannot be paused or extended
4.3 Payment Method
You authorize us to automatically charge your designated credit/debit card or other accepted payment method for all Fees and applicable taxes. You represent and warrant that you are authorized to use that payment method.
4.4 Failed Payments
If payment is declined or cannot be processed:
We may attempt to reprocess the payment; and we may suspend or terminate your Membership if payment is not made within 14 days.
4.5 Price Changes
We may change Fees from time to time. For recurring plans, we will provide you with at least 30 days' notice of any fee increase. Continued Membership after the effective date of the change constitutes your acceptance of the new Fees.
5. TERM, RENEWAL & CANCELLATION BY MEMBER
5.1 Initial Term
Your Membership begins on the date of purchase and continues for the selected term (e.g., one month, one year, or a fixed term).
5.2 Automatic Renewal
Unless otherwise specified or cancelled in accordance with these Terms, your Membership will automatically renew at the end of each billing period at the then-current rate.
5.3 How to Cancel
You may cancel at any time by:
Logging into your online account and following the cancellation instructions; or
Contacting us at hello@birdiesandlattes.com.
5.4 Notice Period & Cancellation Terms by Payment Type
Month-to-Month Members
At least 14 days' notice required before the next billing date
Cancellation takes effect at the end of the current billing period
$25.00 administrative cancellation fee applies
Annual Commitment Payment Plan Members
At least 30 days' notice required
Early termination penalty: Maximum of up to 3 months' dues if breaking contract before 12 months (subject to cancellation request date)
No pro-rated refunds for partial months
Annual Upfront Payment Members
All sales are final — no refunds under any circumstances
If you choose to cancel, you will not be charged on your next billing cycle
You may continue using your benefits until the end of your prepaid membership term
5.5 Effect of Cancellation
Upon cancellation, you will retain access to Membership benefits through the end of your paid period, unless your Membership is terminated earlier under Section 11.
5.6 Unused Hours Upon Cancellation
Any unused included hours, bonus hours, or rolled-over hours remaining at the time of cancellation will be lost and forfeited. Members are encouraged to use all available hours prior to their cancellation effective date. No cash value, credit, or refund will be provided for unused hours.
5.7 Medical or Military Cancellation Exceptions
Members experiencing documented medical conditions or military deployment that prevent use of the facilities may request a cancellation exception. Such requests are subject to approval at the sole discretion of Birdies & Lattes. Members must contact us directly to discuss their situation, provide appropriate documentation, and await a final decision from the business. Approval is not guaranteed, and each case will be evaluated individually.
6. UPGRADING/DOWNGRADING MEMBERSHIP
6.1 Upgrading
Upgrading membership tiers is available for all membership plan types:
Month-to-Month: Upgrades will occur during the next billing cycle. 14-day advance notice is required.
Annual Commitment Payment Plan: Upgrades are charged at a prorated rate for the remaining months of your commitment.
Annual Upfront Payment: Upgrades are charged at a prorated rate for the remaining months of your membership term.
6.2 Downgrading
Downgrading membership tiers is only available depending on payment type:
Month-to-Month: Downgrades will occur during the next billing cycle. 14-day advance notice is required.
Annual Commitment Payment Plan: Downgrades are unavailable during your commitment period.
Annual Upfront Payment: Downgrades are unavailable during your commitment period.
7. USE OF FACILITIES & BOOKING POLICY
7.1 Operating Hours
Access to the Premises and Services is subject to our posted operating hours, which may vary by location and may change from time to time.
7.2 Booking Requirements
Some Services (e.g., golf simulators, private bays, special events) require advance reservations.
Advance Booking Window: Members may book up to 21 days in advance.
Each Membership Plan may include a limited number of booking hours per day/week/month or restrictions on peak hours as specified in Schedule A.
7.3 Check-In
Members may be required to check in using a valid ID, or showing their membership account.
7.4 Late Arrival & No-Show
Reservations may be held for 10–15 minutes past the scheduled start time, after which we may release the booking.
Repeated no-shows or late cancellations (e.g., less than 12 hours in advance) may result in fees or suspension of booking privileges.
7.5 Equipment Use
You agree to use all equipment and facilities responsibly and in accordance with posted rules and staff instructions.
7.6 Equipment Damage by Members
Members are financially responsible for any damage they cause to Birdies & Lattes equipment, simulators, facilities, or property, whether through negligence, misuse, or intentional conduct. Damage will be assessed and charged to the member based on the original purchase price of the damaged asset. By agreeing to these Terms, you authorize us to charge your payment method on file for any such damages. Disputes regarding damage assessments may be submitted in writing within 14 days of notification.
8. GUEST POLICY
8.1 Guest Access
Certain Membership Plans may allow you to bring guests subject to a limit on the number of guests per visit and applicable guest fees.
8.2 Member Responsibility
You are responsible for the conduct, safety, and any fees or damages arising from your guests' use of the Premises and Services. Guests must comply with these Terms and any posted rules.
9. CODE OF CONDUCT
9.1 Respectful Behavior
You agree to conduct yourself in a respectful manner toward staff and other guests, and to refrain from any behavior that is unsafe, disruptive, abusive, discriminatory, or otherwise inappropriate.
9.2 Alcohol & Substances
Alcohol consumption on the premises is restricted to designated areas and may be subject to age verification and local laws.
The use, possession, or distribution of illegal substances is strictly prohibited.
9.3 Dress Code
You agree to comply with any posted or communicated dress code standards (e.g., golf-appropriate attire, footwear requirements).
9.4 Junior Member Supervision
Junior Members (ages 6-17) must be the only persons playing at their reserved bay. A parent or guardian is responsible for the Junior Member's conduct at all times.
9.5 Noise & Disruption
Excessive noise, harassment, or disruption of other members' experience may result in warnings, suspension, or termination of Membership.
9.6 Prohibited Items
Members must follow all posted rules and policies regarding prohibited items on the Premises. Prohibited items may include, but are not limited to: weapons, illegal substances, outside food and beverages (except as permitted), and any items deemed unsafe or disruptive by staff. Birdies & Lattes reserves the right to update the list of prohibited items at any time. Members are expected to comply with the same rules and policies as all other guests and visitors to the facility.
10. HEALTH, SAFETY & RISK ASSUMPTION
10.1 Physical Condition
You represent that you are in a suitable physical condition to use the Premises and Services, and that you will consult with a medical professional if you have any health concerns.
10.2 Inherent Risks
You understand that activities such as golf, sports simulations, and related physical activities carry inherent risks of injury or property damage. You voluntarily assume all such risks to the maximum extent permitted by law.
10.3 Compliance with Safety Rules
You agree to follow all posted safety guidelines and instructions from staff. Failure to do so may result in suspension or termination of your Membership.
10.4 Liability Waiver and Release
BY AGREEING TO THESE TERMS, YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Birdies & Lattes, its owners, officers, employees, agents, and representatives (collectively, "Released Parties") from any and all claims, liabilities, demands, actions, and causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your property while participating in activities at the Premises, except to the extent caused by the gross negligence or willful misconduct of the Released Parties.
This waiver and release extends to, but is not limited to: injuries sustained while using golf simulators, practice equipment, or other facilities; slips, trips, and falls on the Premises; injuries caused by other members or guests; and any other injuries or damages arising from your use of the Premises or Services.
You acknowledge that you have read this waiver and release, understand its terms, and sign it voluntarily. You agree that this waiver shall be binding upon you, your heirs, executors, administrators, and assigns. If any portion of this waiver is held invalid, the remaining portions shall continue in full force and effect.
11. SUSPENSION & TERMINATION BY BIRDIES & LATTES
11.1 Immediate Suspension or Termination
We may suspend or terminate your Membership immediately, with or without notice, if:
You violate these Terms or any posted rules;
You engage in conduct that we reasonably consider dangerous, illegal, abusive, or harmful to others or to our reputation; or
We are required to do so by law or regulatory requirements.
11.2 Non-Payment
We may suspend or terminate your Membership if Fees remain unpaid after the due date and any applicable grace period.
11.3 Effect of Termination
Upon termination, you lose all rights to access Membership benefits. Any rights that accrued prior to termination (e.g., outstanding fees owed) survive termination.
12. REFUNDS
12.1 General Rule
Except as required by law or explicitly stated otherwise in these Terms or at the time of purchase, all Membership fees are non-refundable.
12.2 Closure or Service Disruption
Temporary closures for maintenance, private events, or circumstances beyond our control (e.g., severe weather, power outages) generally do not result in refunds.
12.3 Force Majeure
Birdies & Lattes shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, or public health emergencies; government actions, orders, or mandates (including lockdowns, capacity restrictions, or forced closures); war, terrorism, civil unrest, or national emergencies; fire, flood, earthquake, or other catastrophic events; utility failures, power outages, or internet disruptions; labor disputes or strikes; or supply chain disruptions affecting equipment or operations.
In the event of a Force Majeure event that results in closure or material service disruption for more than thirty (30) consecutive days:
Month-to-Month members may cancel without penalty during the disruption period;
Annual Commitment Payment Plan members may request a pause of their commitment period (commitment timeline extended by the duration of the pause);
Annual Upfront Payment members may receive a pro-rata extension of their membership term equal to the closure duration, at our discretion.
Birdies & Lattes is not obligated to provide refunds, credits, or compensation for closures or disruptions caused by Force Majeure events, except as described above or as required by applicable law.
13. EVENTS, PROGRAMS & PROMOTIONS
13.1 Special Events
Some events, leagues, tournaments, or classes may require separate registration and fees, even for Members. Members receive discounts on events and lessons as specified in Schedule A.
13.2 Promotions
Promotional offers, discounts, or trial memberships may be subject to additional terms. In case of conflict, those promotional terms will govern for the duration of the promotion.
13.3 Changes & Cancellations
We reserve the right to change or cancel events, programs, and promotions at any time.
14. PERSONAL PROPERTY
14.1 No Bailment
We do not take custody of your personal property, and no bailment is created.
14.2 Loss or Damage
To the maximum extent permitted by law, Birdies & Lattes is not responsible for loss, theft, or damage to your personal property brought onto the Premises, whether stored in lockers, bays, vehicles, or elsewhere.
15. LIMITATION OF LIABILITY
15.1 No Indirect Damages
To the fullest extent permitted by law, Birdies & Lattes shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your Membership or use of the Premises or Services.
15.2 Liability Cap
To the fullest extent permitted by law, our total aggregate liability to you for any claims arising out of or relating to these Terms or your Membership shall not exceed the total Membership fees paid by you to us in the 12 months preceding the event giving rise to the claim.
15.3 Mandatory Rights
Nothing in these Terms limits any rights you may have under laws that cannot be lawfully limited or excluded.
16. INDEMNITY
You agree to indemnify, defend, and hold harmless Birdies & Lattes and its owners, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your breach of these Terms;
Your misuse of the Premises or Services; or
Any claim by a guest you invite to the Premises.
17. PRIVACY & COMMUNICATIONS
17.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, available on our website.
17.2 Marketing Communications
By becoming a Member, you may receive transactional emails about your account, as well as optional marketing communications (e.g., offers, events). You can opt out of marketing communications at any time using the unsubscribe instructions provided, but we may still send you essential service or legal notices.
17.3 Photo, Video, and Media Release
By agreeing to these Terms, you grant Birdies & Lattes and its affiliates, successors, and assigns the irrevocable, perpetual, royalty-free right and license to photograph, film, record, and otherwise capture your image, likeness, voice, and appearance while you are on the Premises or participating in any Birdies & Lattes activities or events.
You consent to the use of such photographs, videos, recordings, and other media (collectively, "Media") for any lawful purpose, including but not limited to: marketing, advertising, and promotional materials; social media posts and digital content; website content and online publications; print materials, brochures, and signage; and any other commercial or non-commercial purposes.
You waive any right to inspect or approve the finished Media or any accompanying text, and you release Birdies & Lattes from any claims arising from the use of your image or likeness. You acknowledge that you will not receive compensation for the use of your image. If you do not wish to be photographed or recorded, please notify staff before entering areas where photography or recording may occur.
18. CHANGES TO TERMS & MEMBERSHIP PROGRAM
18.1 Updates to Terms
We may modify these Terms from time to time. When we do, we will update the "Last updated" date and, where required by law or where changes are material, we will provide additional notice (e.g., email or in-app notification).
18.2 Deemed Acceptance
Your continued Membership or use of the Services after changes become effective constitutes your acceptance of the updated Terms. If you do not agree, you must cancel your Membership before the changes take effect.
19. GOVERNING LAW & DISPUTE RESOLUTION
19.1 Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of Middlesex County, NJ, without giving effect to conflict-of-law principles.
19.2 Venue
You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Middlesex County, NJ, and you consent to their jurisdiction.
19.3 Alternative Dispute Resolution
Before initiating a court action, the parties agree to first attempt to resolve disputes through the following process:
Step 1 - Written Notice (Day 1): The complaining party must send a written notice of the dispute to the other party, describing the nature of the claim, relevant facts, and the relief sought. Notices to Birdies & Lattes must be sent to hello@birdiesandlattes.com with the subject line "Formal Dispute Notice."
Step 2 - Good-Faith Negotiation (Days 1-30): Within thirty (30) days of receipt of the written notice, the parties shall engage in good-faith negotiations to attempt to resolve the dispute. Each party agrees to make a representative available for at least one telephone or in-person meeting during this period.
Step 3 - Mediation (Days 31-60): If the dispute is not resolved through negotiation, either party may request mediation. The parties shall mutually select a mediator within fifteen (15) days. If they cannot agree on a mediator, either party may request one from a recognized mediation service. Mediation shall be completed within thirty (30) days of mediator selection, unless extended by mutual agreement. Mediation costs shall be shared equally.
Step 4 - Litigation or Arbitration (After Day 60): If the dispute remains unresolved after mediation, either party may proceed with litigation in accordance with Sections 19.1 and 19.2, or the parties may mutually agree to binding arbitration under the rules of the American Arbitration Association.
Failure to follow this dispute resolution process may be raised as a defense in any subsequent legal proceeding. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending completion of the dispute resolution process.
20. MISCELLANEOUS
20.1 Entire Agreement
These Terms, together with Schedule A (Membership Plans & Benefits) and any additional terms presented at the time of purchase, constitute the entire agreement between you and Birdies & Lattes regarding the Membership.
20.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20.4 Assignment
You may not assign or transfer your Membership or these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
20.5 Electronic Agreement Acceptance
You acknowledge and agree that by clicking "I Agree," "Accept," "Sign Up," or any similar button or checkbox during the membership registration process, or by otherwise signing up for a Membership through our website, mobile app, or in-person registration system, you are providing your electronic signature and consent to be bound by these Terms and Conditions in their entirety.
This electronic acceptance shall have the same legal force and effect as a handwritten signature. You agree that electronic records of your acceptance satisfy any legal requirement that these Terms be in writing. You further agree that you have had the opportunity to review these Terms in full before acceptance and that you are not relying on any representations not contained herein.
20.6 Membership Transfer on Death
In the event of a Member's death, the remaining term of an Annual Upfront Payment membership may be transferred to an immediate family member (spouse, domestic partner, child, parent, or sibling) at no additional charge. To request a transfer, the family member must contact Birdies & Lattes directly at hello@birdiesandlattes.com within sixty (60) days of the Member's passing and provide appropriate documentation (such as a death certificate and proof of relationship). Transfers are subject to verification and approval by Birdies & Lattes. Month-to-Month and Annual Commitment Payment Plan memberships will be cancelled upon notification of the Member's death, with no further charges or penalties assessed.
21. CONTACT US
If you have any questions about these Terms or your Membership, please contact us at:
Birdies & Lattes
Address: 1781 Lincoln Highway, #201, Edison NJ 08817
Email: hello@birdiesandlattes.com
Phone: 732-354-3015