This Event Agreement between Topgolf USA, LLC and the Client named above is made subject to the Event Agreement Terms & Conditions listed below.
EVENT CONFIRMATION & CHARGES
FINAL GUEST COUNT
FOOD & BEVERAGE
EVENT TIME & SPACE
EVENT REFUND, CANCELLATION & RESCHEDULE POLICY
SAFETY & RESPONSIBILITY. Clients and all guests of the Event must adhere to Topgolf’s safety rules listed below. Topgolf reserves the right to remove from the venue any Event guest who violates the safety rules. If injury should result because safety rules are not followed or are ignored, Topgolf will not be liable.
Everyone’s safety is very important.
By participating in the Event at Topgolf, all Event guests agree to abide by the following safety rules in addition to all verbal and posted instructions.
Topgolf Safety Rules:
1. All players must hit from the mat at all times. No running starts or horseplay.
2. Only the person hitting a ball should stand beyond the red line. All other players should stand behind the red line at all times. Players are responsible for the safety of others around them and should always check their surroundings before swinging a club.
3. Aim for the targets at all times. Aiming for the ball picker or intentionally hitting golf balls over the boundary netting is prohibited, and players are responsible for any damages or injuries they cause.
4. Guests must stay behind the yellow line at all times. Please take extra care when playing from the upstairs bays.
5. Anyone under 16 must be supervised by a Guest who is 21 or older at all times. Anyone under 18 must be supervised by a Guest who is 21 or older after 9PM. If injury should result due to lack of supervision, Topgolf shall not be held liable.
6. Throwing golf balls is prohibited. Only dispense one golf ball at a time.
7. Topgolf is not responsible for lost or stolen items.
8. Using anything other than the Topgolf provided tees for hitting balls is prohibited.
PERSONAL PROPERTY. Client assumes all risk and responsibility for any personal property and/or equipment brought into the venue in connection with the Event that may be damaged, lost, stolen or left at the venue before, during or after the Event, and will not hold Topgolf responsible for any such loss, theft, or damage, except to the extent such loss, theft, or damage is directly caused by Topgolf. Topgolf will not accept deliveries to store Event items unless Client has obtained prior written approval from the Topgolf Event Sales Associate at least seven (7) days prior to the Event. All items are shipped at the Client’s own risk and at the Client’s sole expense. If Client’s property is not removed by end of business day of the Event, Topgolf reserves the right to charge the Client a storage and disposal fee due immediately.
ADVERTISING AND BRANDING. Client or other third-party names, logos, symbols, trademarks, or tradenames are not allowed to be displayed within or behind the bays. Advertising of any kind can only be displayed in a contracted private event space and invisible to the general public. Signage to direct the Client’s guests is allowed subject to Topgolf’s prior written approval, but may not include logos, symbols, or pictures of any kind and must be displayed in a Times New Roman font.
Any and all uses of the Topgolf name, logo, photos, and/or other intellectual property must be approved in writing by the Topgolf marketing department. Upon written request by the Client, Topgolf will provide venue approved photos, invitation templates, and logos. Any items that do not adhere to Topgolf’s brand standards must be taken down immediately.
USE OF LOGOS, IMAGES, AND MARKS. All promotional and display materials relating to the Event, including any images or materials (collectively, “Images”), that refer to or depict the Topgolf venue or Topgolf’s name, logo, symbol, trademark or tradename (collectively, “Topgolf Marks”) shall be subject to Topgolf’s prior written approval. Client may not use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party in connection with the Event without the prior written approval of Topgolf. Client has no rights or interests in any intellectual property owned or licensed by Topgolf. Images may not be used to state or imply the endorsement by Topgolf or of any Topgolf personnel with any commercial product, process or service, or used in any other manner that might mislead or imply any approval, sponsorship, endorsement or affiliation between the Client and Topgolf. Client may not use trademarks, logos or other content that is confusingly similar to the Topgolf Marks. If Client wishes to obtain Topgolf’s permission for any uses of Images or the Topgolf Marks or for any other use which is not specifically addressed in this Event Agreement or Client becomes aware of unauthorized use of the Topgolf Marks, please contact firstname.lastname@example.org. Please note that permission is at Topgolf’s sole discretion and, if granted, will only be granted under certain conditions and/or subject to the Client entering into an agreement with Topgolf.
FILMING POLICY. Commercials, corporate social media content, photography, videography, or other promotional messages may not be filmed at the Topgolf venue unless the Client enters into a separate agreement with Topgolf expressly permitting such use. Only small flash photography cameras, point-and-shoot cameras, and cell phones will be allowed for filming at our venues, but no professional lenses or lenses over 3″ are permitted. A tripod to stabilize the phone/camera is permitted. No drones or audio recorders allowed. If a professional filming crew or a bigger camera(s) are being brought into the venue, please send your filming request to email@example.com a minimum of five business days in advanced for review. NOTE: We do not allow drones or GoPros attached to any Topgolf property.
FORCE MAJEURE. For purposes of the Event Agreement, the term force majeure includes strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, unusual transportation delays, riots, hurricanes, floods, blizzards, explosions, earthquakes, fire, or other acts of God, acts of the public enemy, wars, insurrections and/or any other cause outside the reasonable control of either party. In the event either party’s performance is excused due to a foregoing force majeure event, the Client will be able to apply the full deposit toward a rescheduled Event or the deposit shall be refunded in full. Topgolf and the Client hereby waive any claim for damages or compensation should this Event Agreement be terminated by an act of force majeure.
COVID-19. COVID-19. Client and Topgolf agree that if: (i) the World Health Organization or Centers for Disease Control and Prevention or United States Federal Government Executive Office restricts travel or issues a travel warning with respect to travel to the Event; (ii) as a result of Coronavirus Disease 2019 or variants thereof (collectively, COVID-19), it becomes impossible for at least 60% of Client Event guests to attend the Event; or (iii) Topgolf cannot provide reasonable assurances that it will be able to perform its obligations under this Agreement, then:
INSURANCE. Upon execution of this Event Agreement and before commencement of any services, Topgolf reserves the right to require the Client to provide a certificate of insurance and accompanying endorsements evidencing proof of the following coverages and amounts with such insurers.
Client and Topgolf will, at their own cost and expense, obtain and maintain in full force and effect, with a financially sound and reputable insurer having A.M. Best ratings of at least A/(VII) or better, the following liability insurance:
(i)General Liability Insurance with a minimum of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate;
(ii) Workers’ Compensation Insurance not less than the statutory limits required in the state where the venue is located, including Employer’s Liability of not less than One Million Dollars ($1,000,000) per occurrence;
(iii) Automobile Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence.
(iv) Umbrella Liability Insurance in an amount not less than Five Million Dollars ($5,000,000).
All policies must include the following endorsements and must be shown on the certificates naming Topgolf International, Inc. and its affiliates:
1. Additional Insured on a primary and non-contributory basis with respect to subparagraphs (i) and (iii) above.
2. Waiver of Subrogation with respect to subparagraphs (i), (ii), (iii), and (iv) above.
Topgolf International Inc. and its affiliates
8750 N. Central Expressway Ste 1200
Dallas, TX 75231
INDEMNIFICATION. Topgolf and Client each agree to indemnify, defend and hold harmless the other party, its affiliates, agents, representatives, directors, officers, and employees from and against any and all claims, suits, fees, losses, liabilities, damages, judgments, costs and expenses (collectively referred to as “Claims”), including reasonable attorney fees incurred as a result of such Claims, arising out of the actions of the indemnifying party pursuant to the Event Agreement, including but not limited to (a) the indemnifying party’s gross negligence or willful misconduct in the performance or non-performance of this Event Agreement, (b) the indemnifying party’s breach of any representation, warranty, or other obligation under this Event Agreement, and/or (c) any personal injury (including death) or damage to property resulting from the indemnifying party or its employees’, invitees’ or guests’ acts or omissions.
APPLICABLE LAW. This Event Agreement shall be governed by the internal laws of the State of Texas, without regard to the conflicts of law provisions thereof, and each party irrevocably submits themselves to the jurisdiction of the State Courts of Texas located in Dallas County, Texas, and the United States Federal District Court for the Northern District of Texas, Dallas Division.