SWING 24/7 MEMBERSHIP AGREEMENT & WAIVER
Swing 24/7 Pty Ltd | ABN 96 685 426 706
Facility Address: 3/39 Melbourne Street, East Maitland NSW 2323
Facility Type: Fully autonomous indoor golf simulator – unmanned at all times
1. DEFINITIONS
Swing 24/7 / We / Us / Company: Swing 24/7 Pty Ltd, ABN 96 685 426 706.
Member / You: The individual who has agreed to this Membership Agreement by completing registration and accepting these terms.
Facility: The unmanned indoor golf simulator located at 3/39 Melbourne Street, East Maitland NSW 2323.
Unique Code / Access PIN: A one-time, time-sensitive code issued via Your Golf Booking to enter the Facility.
Your Golf Booking: The official online booking and payment platform for Swing 24/7 members.
Membership Fee: The recurring fee associated with the selected membership plan.
Minimum Term: The minimum commitment period of a selected membership type, as chosen at signup.
Administration Fee: Any fees charged for breaches, cancellations, or administration costs.
Off-Peak Hours: 9:00am – 4:00pm Weekdays, and 10:00pm – 5:00am Weekdays & Weekends.
Guest Fee: The per-hour rate charged for any guest accompanying a member during a booking. This is currently $10 per guest per hour, but prices may change at any time with notice.
Personal Information: As defined in the Privacy Act 1988 (Cth).
2. FACILITY ACCESS & CONDITIONS
2.1 Fully Autonomous Facility
The Facility is completely unmanned at all times. There are no staff on-site, no supervision, and no immediate assistance available.
Swing 24/7 provides no supervision, assistance, or emergency response. You use the Facility entirely at your own risk.
A panic button is located inside the Facility and may be used in case of serious emergency only.
2.2 Unique Code Entry
Access is granted via a unique, time-limited code issued through Your Golf Booking after a valid booking is made.
These codes are non-transferable and must not be shared.
Sharing access codes, allowing unauthorised entry, or using another person’s code is a serious breach and will result in immediate termination of membership without refund.
2.3 Guest Policy
All guests must be booked and paid for at the time of making your booking via Your Golf Booking.
You must not bring any unbooked or unpaid guests.
You are fully responsible for the conduct, safety, and any damages caused by your guests.
If your guest is under 18, you must personally supervise them at all times during their use of the Facility.
If your guest causes damage, you are 100% liable for the full cost of repair or replacement.
2.4 Session Duration & Security Responsibility
Members must vacate the Facility promptly at the end of their scheduled session. Staying beyond your booked time may result in additional charges or account suspension.
You are also responsible for ensuring the door is properly closed and locked upon exit. Do not allow anyone else into the building who is not part of your valid booking.
3. MEMBERSHIP
3.1 Age Requirement & Member Responsibility
Members must be 18 years of age or older.
Members are responsible for the conduct and safety of all guests, including minors.
Guests under 18 are permitted only under the direct supervision of the Member.
The Member assumes all liability for their guests’ behavior, safety, and any resulting damage.
Note: If you hold an Off-Peak Membership, your access is limited strictly to Off-Peak Hours (9:00am – 4:00pm Weekdays, and 10:00pm – 5:00am Weekdays & Weekends).
Attempting to book or use the Facility during Peak Hours will result in denied access
3.2 Membership Terms & Payments
Memberships are rolling and continue indefinitely until cancelled.
Minimum Terms apply and vary depending on the membership type selected at signup.
By accepting this Agreement, you agree to pay the full value of the selected Minimum Term, even if you stop using the Facility.
If you miss a weekly payment, your membership benefits will be paused and you will not be able to access the Facility.
You are still obligated to pay for weeks that you have not used the membership, due to blocked membership benefits from late payments.
Your membership continues to accrue charges during periods of non-payment, regardless of whether you have access to the Facility.
Missed or declined payments do not cancel or pause your membership, and all fees remain payable.
Failure to make payments does not exempt you from your financial obligations, even if you do not or cannot access the Facility.
3.3 Membership Cancellation
To cancel, you must contact Swing 24/7 via email or phone.
Cancellations will only take effect after the Minimum Term has been fully served.
If you cancel early, you are still liable for the full remaining amount owed under your Minimum Term.
There is no cooling-off period for new members.
3.4 Membership Fee Changes
Swing 24/7 may update its pricing at any time. Members will be provided with at least 30 days’ notice via email or through the Your Golf Booking platform.
3.5 Booking Misuse & No-Show Policy
Members must only book sessions they intend to use. Repeated no-shows, last-minute cancellations, or excessive bookings that limit availability for others may result in a suspension of booking privileges or termination of membership.
3.6 Pausing Memberships
If your membership plan allows pausing, the following conditions apply:
You must request to pause your membership via phone or email.
We may require up to 7 days to process the pause request, depending on your billing cycle.
Memberships can be paused for a minimum of 2 weeks and a maximum of 6 weeks within a 12-month period.
During the paused period, your membership benefits will be inactive, and you will not be able to access the Facility.
Pausing your membership may involve either:
A refund of the relevant payment made during the paused period; or
Account credit being applied for future use — this will be determined at our discretion.
You cannot pause your membership during the Minimum Term, unless you provide a valid medical certificate.
You may request an extension beyond the 6-week annual limit by submitting a medical certificate.
3.7 Cancellation of Membership
You may cancel your membership at any time after completing your Minimum Term by contacting us via email or phone.
We may take up to 7 days to process your cancellation, depending on your billing cycle.
We reserve the right to cancel your membership at any time at our discretion, including (but not limited to) situations involving policy breaches, misuse, or unpaid fees.
If we cancel your membership, you may still be liable for any outstanding payments owed under your Minimum Term, if applicable.
3.8 Force Majeure (Events Beyond Our Control)
Swing 24/7 will not offer refunds, credits, or the pausing of memberships in the event of disruptions caused by circumstances beyond our control. These include but are not limited to:
Natural disasters (e.g. flooding, storms, fire, or earthquakes)
Power outages or electrical failure
Internet or technical disruptions
Acts of government, including mandatory shutdowns or restrictions
Pandemics, public health orders, or civil emergencies
Vandalism or criminal activity affecting operations
Any other events reasonably deemed outside the control of Swing 24/7
While we strive to maintain consistent access to the Facility, no compensation will be provided for lost time, inconvenience, or inability to use the Facility due to such events.
In the event of a major incident, Swing 24/7 will make reasonable efforts to communicate with members and resume operations as quickly and safely as possible.
4. COACHING
4.1 Coaching Services
Swing 24/7 may engage independent golf coaches to offer instruction and training services within the Facility. All coaching services are conducted by qualified individuals and are entirely independent from Swing 24/7 operations.
4.2 Coach Responsibilities
Each Coach is responsible for:
Delivering lessons (individual or group)
Using simulator technology for swing analysis and feedback
Managing their own bookings, schedules, and pricing
Holding current Professional Indemnity and Public Liability Insurance
Coaches are not employees or agents of Swing 24/7. They operate under an independent agreement.
4.3 Member Responsibility During Coaching
All standard Swing 24/7 rules continue to apply during coaching sessions.
You are responsible for ensuring any guests attending with you are booked, paid for, and supervised.
Swing 24/7 accepts no liability for any instruction or coaching-related outcomes.
4.4 Insurance & Liability
Coaches and members are required to hold appropriate insurance for all coaching-related services. Swing 24/7 is not liable for:
Injuries or outcomes related to coaching
Misuse or misapplication of advice given
Disputes between coach and member
5. BEHAVIOUR & POLICIES
5.1 General Conduct
You must:
Use equipment safely and responsibly
Follow all signage and instructions displayed in the Facility
Keep noise and disturbance to a minimum
Respect others’ bookings and time allocations
Leave the Facility clean and tidy after use, including returning equipment to designated places, removing rubbish, and wiping down surfaces if necessary
Leave the Facility undamaged
5.2 Zero Tolerance – Alcohol & Drugs
Strictly no alcohol or drug use is permitted on the premises.
You must not attend the Facility under the influence of drugs or alcohol.
Violation of this policy will result in instant and permanent termination of membership without refund.
5.3 Damage Responsibility
You are solely liable for any damage you or your guests cause to Swing 24/7 property.
Damage includes screens, simulators, walls, fixtures, lighting, flooring, or equipment.
Swing 24/7 reserves the right to recover the full cost of repair, replacement, and any loss of income resulting from damage caused by you or your guests.
6. TERMINATION & BREACHES
6.1 Grounds for Termination
Your membership may be terminated immediately and without refund if you:
Share your unique access code
Bring unbooked or unpaid guests
Violate the alcohol or drug policy
Cause damage to the Facility or equipment
Fail to pay membership fees
Do not fulfil your Minimum Term
6.2 Ongoing Obligations
If your membership is terminated, you will still be required to pay out the remainder of your Minimum Term in full.
7. WAIVER OF LIABILITY & INDEMNITY
7.1 Acknowledgement of Risk
By accepting this Agreement, you acknowledge and accept that:
The Facility is unmanned at all times
You enter and use the Facility at your own risk
You are fully responsible for any injuries or accidents you or your guests may suffer
You are responsible for ensuring your guests understand the risks
You understand and agree that Swing 24/7 does not provide personal accident or injury insurance for members or guests. You are encouraged to hold your own personal injury insurance if desired.
7.2 Release of Liability
To the extent permitted by law, you release and discharge Swing 24/7 Pty Ltd, its officers, employees, and agents from:
Any claim for personal injury or death
Property damage or loss
Negligence or equipment malfunction
Liability arising from the use of the Facility
7.3 Indemnity
You agree to fully indemnify Swing 24/7 Pty Ltd against all claims, damages, legal costs or expenses arising from:
Your own conduct
The conduct of your guests
Any breach of this Agreement
7.4 Technical Malfunctions
While we strive to maintain all equipment in working condition, Swing 24/7 is not liable for any inconvenience, loss of time, or cost due to simulator malfunctions or technical issues.
We do not offer refunds for minor malfunctions, but we will always aim to resolve issues fairly. In the event of a technical fault, contact support for assistance with rescheduling or resolution.
8. SAFETY & EMERGENCY PROCEDURES
8.1 Fire Evacuation Plan
You must familiarise yourself with the Fire Evacuation Plan posted inside the Facility before commencing play. You are responsible for knowing:
Exit routes
Location of emergency equipment
Appropriate response procedures
8.2 Panic Button
A panic button is located inside the Facility. Use it only in serious emergencies such as:
Fire
Medical emergencies
Threat to personal safety
8.3 Self-Reliance Required
There are no staff present at any time. You are solely responsible for:
Your own safety
Managing any incidents or injuries
Calling emergency services if needed
Swing 24/7 does not provide supervision, first aid, or emergency response.
8.4 Support & Emergency Contact
For support, cancellations, or technical issues, contact Swing 24/7 on:
phone - 0455 513 651
email - info@swing247.com.au
In case of serious emergency, call 000 immediately.
9. SURVEILLANCE, PRIVACY & PROMOTIONS
9.1 CCTV Surveillance
The Facility is under continuous CCTV monitoring, except for private areas such as bathrooms. This footage may be used:
For safety enforcement
To investigate misconduct
To verify unauthorised access
9.2 Privacy
Personal data is handled in accordance with the Privacy Act 1988 (Cth).
By using the Facility, you consent to:
Use of your data for bookings, communication, and safety enforcement
The possible use of your image or likeness in promotional material (unless you notify us otherwise in writing)
10. LEGAL
This Agreement is governed by the laws of New South Wales, Australia.
By accepting this Agreement, you submit to the jurisdiction of NSW courts and agree to resolve any disputes in that jurisdiction.
Swing 24/7 reserves the right to amend this Membership Agreement at any time.
Updates will be communicated via email or posted in Your Golf Booking.
Continued use of the Facility after changes constitutes acceptance of the updated terms.
✅ ACCEPTANCE OF TERMS
By clicking “Accept” during the online sign-up process, you confirm and agree that:
You are 18 years or older
You have read, understood, and accepted this Membership Agreement & Waiver
You understand the Facility is unmanned and unsupervised at all times
You accept full liability for your own safety, your use of the Facility, and your guests
You will not share access codes or bring unauthorised guests
You will not use drugs or alcohol at the facility or be under the influence at any time
You understand that violating these terms may result in instant termination without refund
You agree to pay any outstanding amounts under your Minimum Term of your membership