Property Terms

Presence on any property owned, leased, managed, or operated by Swing First Golf, LLC or its affiliates is conditioned on acceptance of these Terms. If you do not accept them, do not enter or remain on the property.

1. ASSUMPTION OF RISK

You knowingly and voluntarily assume all risks associated with entering or using the property, including risks arising from the ordinary negligence of a Released Party.

2. RELEASE AND COVENANT NOT TO SUE

You release and agree not to sue Swing First Golf, LLC, its affiliates, and each property’s owners, operators, employees, agents, contractors, insurers, and landlords (“Released Parties”) for any injury, death, loss, theft, damage, or other claim arising from your presence on or use of the property, including claims caused by ordinary negligence. This release does not cover gross negligence or intentional misconduct.

3. RESPONSIBILITY, INDEMNIFICATION, AND IMPROPER CLAIMS

You are responsible for your conduct and for anyone under your supervision or control. You agree to defend, indemnify, and hold the Released Parties harmless from all claims, losses, damages, expenses, and attorneys’ fees arising from your conduct, violation of these Terms or property rules, unlawful activity, reckless acts, misuse or damage of property or equipment, or failure to supervise another person.

Swing First may sue you and recover its resulting losses, damages, investigation costs, expenses, and attorneys’ fees if your conduct violates property rules or causes injury, damage, expense, or risk of harm to another person.

If you assert or maintain any claim released by these Terms, whether through a demand letter, insurance claim, lawsuit, arbitration, or otherwise, you breach these Terms and agree to reimburse Swing First for all reasonable attorneys’ fees, investigation expenses, expert fees, court costs, and other losses incurred responding to or defeating the claim. Swing First may immediately seek declaratory or monetary relief to enforce these Terms.

If litigation is filed, Swing First may promptly serve an offer of judgment under Arizona Rule of Civil Procedure 68 and seek every resulting sanction, fee award, and other available remedy. Swing First also reserves all rights under Arizona Rule of Civil Procedure 11, A.R.S. §§ 12-349 and 12-350, and all laws governing wrongful institution of civil proceedings, abuse of process, fraud, and other actionable misconduct against the claimant and, where permitted by law, any responsible attorney, representative, or participant.

This provision does not apply to a legitimate claim involving gross negligence or intentional misconduct.

4. RESERVATIONS, GROUPS, AND CANCELLATIONS

By making, paying for, or using a reservation, the customer accepts these Terms, agrees to notify group members, and remains subject to Swing First’s cancellation policy. Delivery or review of a confirmation is not required and creates no additional cancellation, refund, credit, or chargeback right. Every guest also accepts these Terms by entering or remaining on the property.

5. PROPERTY & EQUIPMENT RULES

You must use all equipment safely and follow all posted rules and employee instructions. You are responsible for damage caused by misuse or rule violations, and any expenses related thereto. Swing First may refuse service or remove anyone for unsafe, abusive, disruptive, unlawful, or otherwise inappropriate conduct. Any refund is at Swing First’s sole discretion, and no refund is owed following removal for such conduct. Swing First is not responsible for lost, stolen, misplaced, or damaged personal property.

6. GENERAL TERMS

Arizona law governs these Terms. Any proceeding must be brought in the Arizona county where the applicable property is located unless the law requires otherwise. If any provision is unenforceable, it will be limited or removed only as necessary, and the remaining Terms will continue in effect.

Do not enter or remain on the property unless you accept these Terms. Frivolous claims and nuisance-value demands will be aggressively defended.