Subscriptions Terms and Conditions

“Agreement” means this Membership Agreement made between you and Marsden Golf Driving Range (or MGDR); “Billing Account” means the credit card account nominated by you to have your Membership Fees deducted from; “Centre” means the MGDR your Membership Agreement pertains to; “Centre Access” means your right to access the Facility any time of the day or night; “Centre Rules” mean the rules applying to you as amended from time to time which are posted at the Centre and available on the marsdengolf.com.au website; “MGDR” means DJ Golf Pty Ltd and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees; “Joining Fee” means the fee specified in clause 3(h) of this Agreement which must be paid as a condition of being granted membership; “Member” means the individual who has entered into this Agreement with MGDR; “Membership Agreement” means the completed application for membership accepted by MGDR, these terms and conditions, the Centre Rules and the Policies; “Membership Fees” means the annual fee payable for membership in the amount stated in clause 3(g) pursuant to this Agreement; “Minor” means a person under the age of 18 years; “Policies” means the MGDR membership policies as amended from time to time, which are located at marsdengolf.com.au and available at your Centre on request; “Privacy Policy” means the Marsden Golf Driving Range privacy policy which is available at Privacy Policy (marsdengolf.com.au) “Products” means any products that are purchased by you from MGDR; “Staffed Hours” means the staffed hours for the Centre. MGDR reserves the right to change the Staffed Hours at any time without notice; “Written Notice” means a notice in writing, given in person, by email or post to the addressees last known address; “You” means the person who has applied for membership of MGDR.

MEMBERSHIP APPLICATION All persons applying for a subscriptions membership of MGDR must complete and submit an application/order for membership in the form of an online purchase via the website marsdengolf.com.au. Any application by a Minor must be accompanied by a form of consent signed by the Minor’s parent or legal guardian available in store at MGDR. All applicants for membership warrant that the information provided in their membership application is true, correct and complete. Upon acceptance of your membership application, you will be notified by MGDR of that you have become a Member of MGDR. MGDR reserves the right to reject any application for membership and is not liable for any compensation in respect of such rejection.

MEMBERSHIP Nature of Relationship By becoming a member MGDR, you have a contractual right to use MGDR premises, facilities, equipment and services on the terms and conditions contained in this Agreement. In becoming a Member of MGDR, you do not become the member of any club, an incorporated association or a private company. Consequently, the statutes and rules governing those types of associations do not apply to your membership of MGDR. Governance. Your membership is governed solely by this Agreement. Right to MGDR reserves the right, in its sole discretion, to amend these terms and conditions at any time upon giving the Member notice by text message or email. Personal Membership. All applicants for membership of MGDR must be natural persons only. Not Transferable. As your membership of MGDR is a personal right, your membership is not transferable to any other person or entity. Change of Details. You must provide MGDR with details of any changes to your personal information which is relevant to your membership in writing. Membership Cancellation MGDR may cancel your membership in its absolute discretion without cause. You may cancel your membership upon giving written notice to MGDR, but in that event, any Membership Fees paid in advance will not be refundable in whole or in part. Fees are paid by a credit card or other method attracting a merchant’s fee, the Member will pay an agreed surcharge of 1.5% of the amount paid by the Member on the relevant card. Increase of Fees MGDR reserves the right at any time to increase the Membership Fee, provided that if you paid your annual Membership Fee in advance, then there will be no increase of this fee until the expiry of your current membership. Membership Renewal: Subscriptions are automatically renewed vis our online direct debit portal unless request for cancellation has been received.

PROVISIONS FOR MINORS Any Member of MGDR who is a Minor, must be accompanied by an adult or a guardian when visiting the Centre. Minors cannot be left at the Centre unattended.

COMMUNICATION You agree to receiving marketing and promotional emails from MGDR unless and until you opt to unsubscribe to material of this type. You may not opt out of receiving emails regarding your membership of MGDR. Any Written Notice required to be given by MGDR to you may be provided by way of email or text message to the address/number provided in your membership application or as updated by you.

MEMBER’S PROPERTY You must supply and use only your own equipment. MGDR will not provide any equipment for your use at the Centre. All golf clubs used by you must be in good order and condition and must be free of dirt and mud. You acknowledge that you bring your golf equipment and any other permitted property at your own risk. You accept that MGDR will not be liable for any of your property that is lost, damaged or stolen while you are at MGDR.

DRUG/ALCOHOL USE You may not bring any alcohol or illicit drug into the Centre. You are prohibited from coming upon or remaining at the Centre premises when MGDR personnel determine in their sole discretion that you are or may be adversely affected by liquor or drugs. Your membership may be summarily terminated if you breach any of the rules contained in this clause.

MEMBER’S CONDUCT You will at all times conduct yourself in a polite and orderly fashion whilst at the Centre. You must be respectful and polite to other Members and MGDR staff. You must be well dressed at all times that they are at the Centre. If a MGDR staff member determines that your clothing is not befitting of the image given to the public by MGDR, then you agree to leave the premises upon request by MGDR staff. MGDR will not tolerate outbursts of temper involving the use of profanities, yelling or any action which might cause fear or discomfort to other Members or MGDR staff. MGDR absolutely prohibits any damage or abuse to its facilities by you, in particular damage caused by club throwing or wild ball striking. You must not use MGDR facilities except as directed by MGDR staff and/or the manufacturer of the facilities in use. You must abide by directions given by MGDR staff, particularly as regards the proper use of MGDR equipment. No smoking is permitted upon the premises which includes the use of e-smoking utensils. You may wear only closed in golf-suitable footwear when using MGDR facilities. You must not attend the premises wearing thongs, sandals, slippers, Ugg boots, dirty work boots or in bare feet. No food or drink is to be brought upon the premises. Only food and beverages supplied by MGDR may be consumed by you on the premises. You must not behave or conduct yourself in a way that would jeopardise MGDR premises lease, agreements that it has with equipment suppliers, or its insurers. A breach of any of the conduct rules contained within this clause entitles MGDR to suspend or terminate your membership in its absolute discretion. MGDR determination in this regard will be final and binding on you and you acknowledge and accept that you have no right to appeal any such determination.

LIMITATION AND EXCLUSION OF LIABILITY Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law (ACL), or the exercise of a right conferred by such a provision, or any liability of MGDR in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL as regards the supply of services. If MGDR is entitled to limit its liability for the supply of the services as provided for under this Agreement, then to the full extent permissible, MGDR limits its liability to you to resupply any services regarded as defective or to pay the cost of them being resupplied up to the limit of the value of the services supplied to you. To the full extent permitted by law, MGDR liability for all of your claims in the aggregate, whether those claims be for breach of contract, negligence or otherwise, and whether those claims are only for economic loss or for personal injury or other damage arising under or in connection with these terms and conditions is excluded for: any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you howsoever caused and under any theory of liability including, but not limited to, loss of profit, loss of goodwill or business reputation, loss of data, costs of procurement of substitution, goods or services or other intangible losses; any reliance placed upon membership of MGDR or the Member benefits available to the Member under this Agreement; or any service that MGDR provides in connection with membership. MGDR liability for the matters stated above will be limited to the greater of: the lowest amount permitted by law; or the total money paid by the Member to MGDR for membership in the one month period preceding the date the event giving rise to the relevant liability occurred. INDEMNITY You agree to indemnify MGDR from and against all losses, claims, expenses, damages and liabilities (including any direct, indirect, special of consequential losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs brought against MGDR, by or on behalf of the Member, in excess of the Member’s rights as limited in this clause.

INTELLECTUAL PROPERTY The Member acknowledges that the equipment provided by MGDR is subject to intellectual property protections and the Member’s use of that equipment will always be subject to those rights. The Member uses MGDR equipment based on a revokable non-exclusive personal licence to use the equipment for the duration of their membership and subject always to the terms and conditions of this Membership Agreement. Members agree not to copy, reproduce, alter, modify, create derivative works or publicly display any of the intellectual property associated with the equipment used in MGDR facilities.