FAIRWAY365 TERMS OF SERVICE

Effective Date: August 12, 2026 Last Updated: August 12, 2026

These Terms of Service ("Terms," "Agreement," or "Terms of Service") govern your access to and use of Fairway365's website, indoor golf facility, golf simulators, booking services, memberships, equipment, and related services.

Fairway365 is operated by Kushi Arav 24 LLC, doing business as Fairway365 ("Fairway365," "we," "us," or "our").

By accessing our website, creating an account, making a reservation, purchasing a membership, purchasing services, entering our facility, or otherwise using any Fairway365 service, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree to these Terms, you may not use Fairway365's services.

1. ELIGIBILITY

You must provide accurate and complete information when creating an account, making a reservation, purchasing a membership, or otherwise interacting with Fairway365.

Individuals under the age of 18 may use Fairway365 only with the permission and supervision of a parent or legal guardian where required by Fairway365 or applicable law.

The parent or legal guardian of a minor is responsible for the minor's conduct, compliance with these Terms, bookings, charges, and any damage or loss caused by the minor to the extent permitted by law.

Fairway365 reserves the right to refuse service or access to any individual who violates these Terms, our facility rules, or applicable law.

2. SERVICES

Fairway365 provides indoor golf and recreational services that may include:

Golf simulator access;
Indoor golf bays;
Golf-related games and experiences;
Reservations and hourly bookings;
Membership programs;
Private or group bookings;
Events;
Equipment and facility use; and
Other services offered by Fairway365 from time to time.

Fairway365 may add, modify, suspend, or discontinue services, equipment, software, facilities, membership benefits, or features at any time.

We do not guarantee that every simulator, game, course, piece of equipment, or feature will always be available.

3. ACCOUNTS

Certain Fairway365 services may require you to create an account.

You are responsible for:

Providing accurate information;
Maintaining the confidentiality of your login information;
Maintaining the security of your account;
All activity conducted through your account; and
Immediately notifying Fairway365 of unauthorized account activity.

You may not create an account using another person's identity or information, impersonate another individual, or provide false information.

Fairway365 may suspend or terminate accounts that contain inaccurate information or are used in violation of these Terms.

4. RESERVATIONS AND BOOKINGS

Reservations are subject to availability and are not guaranteed until successfully confirmed by Fairway365's booking system.

You are responsible for selecting the correct:

Date;
Time;
Duration;
Number of participants;
Facility or bay; and
Other booking details.

Once a reservation is confirmed, you are responsible for the applicable charges and the reservation's cancellation terms.

Fairway365 is not responsible for errors caused by incorrect information entered by the customer.

Booking Time

Customers are expected to arrive on time.

Your reserved time begins and ends at the scheduled time regardless of whether you arrive late.

Late arrival does not automatically extend your reservation.

If you arrive late, Fairway365 may be unable to extend your reservation if another customer has booked the facility after you.

Overstaying

Customers may not continue using a bay beyond their scheduled reservation without authorization.

Additional time may be charged at the then-current applicable rate.

5. CANCELLATIONS, REFUNDS, AND CREDITS

All reservations, memberships, purchases, cancellations, refunds, and credits are subject to Fairway365's applicable Refund and Cancellation Policy.

Unless otherwise required by law or expressly stated by Fairway365:

Reservations are not automatically refundable;
No-shows may be charged the full reservation amount;
Late cancellations may be charged according to the applicable cancellation policy;
Promotional purchases may have additional restrictions;
Credits may have expiration dates or other conditions; and
Refunds are issued only when Fairway365 determines that a refund is appropriate or when required by applicable law.

Fairway365 reserves the right to determine the appropriate remedy for service interruptions, scheduling issues, technical failures, or other circumstances, subject to applicable law.

Nothing in these Terms is intended to eliminate any non-waivable rights you may have under applicable law.

6. MEMBERSHIPS

Fairway365 may offer monthly, annual, prepaid, promotional, or other membership programs.

Each membership may have its own:

Price;
Billing frequency;
Benefits;
Minimum commitment;
Renewal period;
Usage limitations;
Booking privileges;
Cancellation requirements;
Guest policies; and
Other restrictions.

The specific membership terms presented to you at the time of purchase are incorporated into these Terms.

Automatic Renewal

If a membership is identified as automatically renewing, your membership will automatically renew for the disclosed renewal period unless you cancel before the applicable renewal date.

Before purchasing an automatically renewing membership, the applicable recurring price, renewal frequency, renewal period, and cancellation terms will be presented to you.

If the membership price is subject to change, Fairway365 will provide any notice required by applicable law.

Membership Cancellation

You may cancel an automatically renewing membership through the cancellation method provided by Fairway365.

Fairway365 will not require unnecessary barriers to cancellation where applicable law prohibits such practices.

Cancellation generally prevents future renewal and does not automatically create a right to a refund for amounts already charged or unused membership time, except where required by law or expressly provided by the applicable membership terms.

7. MEMBERSHIP BENEFITS

Membership benefits are personal to the member unless Fairway365 expressly states otherwise.

Memberships may not be:

Resold;
Transferred;
Shared;
Loaned;
Duplicated; or
Used by another person without Fairway365's authorization.

Fairway365 may suspend or terminate a membership for fraud, misuse, account sharing, abusive behavior, property damage, violation of facility rules, or violation of these Terms.

Fairway365 may modify membership benefits prospectively when reasonably necessary, subject to applicable law and any contractual commitments made to the member.

8. FACILITY ACCESS

Access to Fairway365's facility is a privilege and not an unconditional right.

Fairway365 may deny or terminate access when reasonably necessary because of:

Safety concerns;
Facility rules violations;
Property damage;
Disruptive behavior;
Threatening or abusive conduct;
Illegal activity;
Failure to pay;
Unauthorized use;
Misuse of equipment;
Excessive intoxication or impairment;
Fraud; or
Other conduct that Fairway365 reasonably determines presents a safety, security, operational, or customer-service concern.

To the extent permitted by law, termination of access due to a customer's misconduct does not automatically entitle the customer to a refund.

9. FACILITY RULES

Customers must follow all posted facility rules and reasonable instructions provided by Fairway365 employees or representatives.

Customers must use all equipment only for its intended purpose.

Customers may not:

Strike objects other than permitted golf balls;
Intentionally damage equipment;
Misuse golf clubs or simulator equipment;
Enter restricted areas;
Tamper with simulator hardware or software;
Disconnect, move, or modify equipment;
Interfere with another customer's reservation;
Engage in behavior that creates an unreasonable safety risk;
Damage walls, screens, flooring, furniture, electronics, or other property;
Use the facility for illegal activity; or
Engage in any conduct prohibited by Fairway365.

Fairway365 may establish additional rules at any time when reasonably necessary for safety, security, operations, or customer experience.

10. DAMAGE TO PROPERTY

You are responsible for damage caused by you or by guests under your reservation to the extent permitted by law.

This may include damage to:

Golf simulators;
Projectors;
Screens;
Sensors;
Computers;
Flooring;
Walls;
Furniture;
Golf clubs;
Accessories;
Displays;
Facility fixtures; or
Other Fairway365 property.

Fairway365 may charge the responsible customer for reasonable repair or replacement costs resulting from damage caused by the customer or the customer's guests, subject to applicable law.

Fairway365 may use reasonable evidence, including photographs, video footage, equipment records, employee observations, and other information, when determining responsibility for property damage.

11. GOLF EQUIPMENT

Customers are responsible for properly using any golf clubs, balls, accessories, or other equipment provided by Fairway365.

Customers should inspect equipment before use and notify Fairway365 of any apparent defect or damage.

Fairway365 is not responsible for ordinary wear and tear or damage resulting from proper use of equipment.

Customers should never use equipment that appears damaged or unsafe and should immediately notify Fairway365 personnel.

12. PERSONAL PROPERTY

Customers are responsible for their own personal belongings.

Fairway365 is not responsible for lost, stolen, damaged, or unattended personal property except to the extent liability cannot legally be excluded.

Customers should not leave valuables unattended.

Items found at the facility may be held temporarily by Fairway365 and may be disposed of or donated if they remain unclaimed after a reasonable period.

13. SAFETY

Golf and recreational activities involve inherent risks, including the possibility of injury or property damage.

Customers are responsible for using reasonable care and following all safety instructions.

You must maintain adequate awareness of your surroundings when swinging a golf club or participating in any activity.

You must not swing a club when another person is within an unsafe distance.

You are responsible for ensuring that your guests understand and follow applicable safety rules.

Participation in Fairway365 activities may require acceptance of a separate liability waiver or release.

If a separate waiver is presented to you, that waiver is incorporated into your use of the applicable services to the extent permitted by law.

14. ASSUMPTION OF RISK

To the maximum extent permitted by applicable law, you acknowledge that participation in golf and recreational activities involves inherent risks.

By using Fairway365's facility, you voluntarily assume the ordinary risks associated with participating in golf and recreational activities.

This provision does not waive rights that cannot legally be waived.

15. TECHNOLOGY AND SIMULATOR ACCURACY

Golf simulator systems use technology designed to estimate or calculate information such as:

Ball flight;
Club data;
Distance;
Speed;
Spin;
Direction;
Carry distance; and
Other performance information.

Simulator results may not always accurately represent real-world golf performance.

Fairway365 does not guarantee the accuracy, completeness, reliability, or availability of simulator data.

Technology may occasionally malfunction, require maintenance, experience software issues, or become unavailable.

16. SERVICE INTERRUPTIONS

Fairway365 will make reasonable efforts to maintain its services and equipment.

However, Fairway365 does not guarantee uninterrupted or error-free operation.

Services may be interrupted because of:

Equipment failure;
Software problems;
Internet outages;
Electrical outages;
Maintenance;
Repairs;
Severe weather;
Fire;
Government action;
Emergency situations;
Third-party service failures; or
Other circumstances beyond Fairway365's reasonable control.

If a significant service interruption occurs, Fairway365 may, in its discretion and subject to applicable law, provide a replacement reservation, account credit, partial refund, or other reasonable remedy.

17. WEBSITE USE

You may use the Fairway365 website only for lawful purposes.

You may not:

Attempt to gain unauthorized access;
Interfere with website operation;
Introduce malicious software;
Scrape or copy website content without authorization;
Attempt to circumvent security measures;
Use automated systems to abuse booking availability;
Make fraudulent purchases;
Impersonate another person; or
Use the website in violation of applicable law.

Fairway365 may suspend access to the website or an account when necessary to protect the website, customers, or business.

18. PRICING AND PAYMENTS

Prices are displayed in U.S. dollars unless otherwise stated.

Fairway365 reserves the right to change prices, membership rates, booking rates, promotional offers, and other charges prospectively.

The price displayed at the time of purchase generally applies to that transaction.

You authorize Fairway365 and its payment providers to charge the payment method you provide for authorized purchases, reservations, memberships, fees, taxes, and other amounts you owe.

You are responsible for providing valid payment information.

If a payment fails, Fairway365 may suspend access to paid services until the outstanding amount is resolved.

19. TAXES AND FEES

Applicable sales taxes, transaction fees, service charges, or other government-imposed charges may be added to purchases where required.

Customers are responsible for all applicable charges associated with their purchases.

20. PROMOTIONS AND DISCOUNTS

Promotions, discounts, promotional codes, introductory offers, and special pricing may be subject to additional terms.

Unless expressly stated otherwise:

Promotions cannot be combined;
Promotions have no cash value;
Promotional pricing may expire;
Fairway365 may limit quantities or availability; and
Fairway365 may discontinue a promotion at any time.

Fairway365 reserves the right to correct pricing or promotional errors.

21. THIRD-PARTY SERVICES

Fairway365 may use third-party providers for services including:

Booking;
Payment processing;
Website hosting;
Software;
Golf simulator technology;
Email;
Communications; and
Other business functions.

Third-party services may be governed by their own terms and privacy policies.

Fairway365 is not responsible for independent third-party systems or services outside Fairway365's reasonable control.

22. INTELLECTUAL PROPERTY

The Fairway365 name, logo, branding, website design, graphics, photographs, text, videos, software, and other content owned or licensed by Fairway365 are protected by applicable intellectual-property laws.

You may not copy, reproduce, modify, distribute, sell, publicly display, or commercially exploit Fairway365 intellectual property without prior written permission.

23. CUSTOMER CONTENT

If you submit photographs, videos, reviews, testimonials, comments, suggestions, or other content to Fairway365, you represent that you have the necessary rights to provide that content.

You grant Fairway365 a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute customer-submitted content for legitimate business, marketing, promotional, and operational purposes, subject to applicable law and any separate agreement governing the submission.

Fairway365 does not have an obligation to use submitted content.

24. PRIVACY

Your use of Fairway365's website and services is also governed by Fairway365's Privacy Policy.

The Privacy Policy explains how Fairway365 may collect, use, store, and disclose information.

By using Fairway365's services, you acknowledge that you have reviewed the applicable Privacy Policy.

25. COMMUNICATIONS

By providing your contact information, you agree that Fairway365 may contact you regarding:

Reservations;
Account activity;
Memberships;
Payments;
Facility updates;
Service announcements;
Customer service;
Security matters; and
Other transactions or services you request.

Marketing communications will be handled in accordance with applicable law.

You may opt out of certain marketing communications, but transactional or service-related communications may still be sent when necessary.

26. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRWAY365, KUSHI ARAV 24 LLC, AND THEIR OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF FAIRWAY365'S SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRWAY365'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A CUSTOMER'S USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO FAIRWAY365 FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
$100.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

27. RELEASE OF CLAIMS

To the maximum extent permitted by law, you release Fairway365 and its owners, members, managers, employees, contractors, agents, affiliates, and service providers from claims arising from ordinary risks associated with participating in golf and recreational activities, except for claims that cannot legally be released.

This provision is intended to supplement, not replace, any separate waiver or release that Fairway365 may require.

28. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Fairway365, Kushi Arav 24 LLC, and their owners, members, managers, employees, contractors, agents, affiliates, and service providers from claims, damages, losses, liabilities, costs, and reasonable expenses arising out of or relating to:

Your violation of these Terms;
Your misuse of the facility;
Your violation of applicable law;
Damage caused by you or your guests;
Your unauthorized use of Fairway365 services;
Your submitted content; or
Claims arising from your conduct or negligence.

This provision does not require indemnification to the extent prohibited by applicable law.

29. DISPUTE RESOLUTION

Before filing a formal legal claim, the parties agree to make a good-faith effort to resolve disputes informally.

A customer should first contact Fairway365 and provide:

Name;
Contact information;
Description of the dispute;
Relevant reservation or transaction information; and
Requested resolution.

Fairway365 will have a reasonable opportunity to investigate and attempt to resolve the matter.

Attorney Review

The dispute-resolution provisions of these Terms should be reviewed and finalized by Fairway365's attorney before publication, including whether Fairway365 should use mandatory arbitration, a class-action waiver, or another dispute-resolution mechanism.

30. GOVERNING LAW

These Terms shall be governed by and interpreted under the laws of the State of Georgia, without regard to conflict-of-law principles, except to the extent federal law or another applicable law requires otherwise.

Any provisions concerning venue or jurisdiction should be interpreted consistently with applicable Georgia and federal law.

31. FORCE MAJEURE

Fairway365 shall not be responsible for delays, interruptions, or failures caused by circumstances beyond its reasonable control, including:

Severe weather;
Natural disasters;
Fire;
Flood;
Power outages;
Internet outages;
Government actions;
Labor disruptions;
Equipment or software failures;
Acts of third-party providers;
Emergencies;
Public-health events; or
Other events beyond Fairway365's reasonable control.

32. TERMINATION

Fairway365 may suspend or terminate your account, membership, reservation privileges, or access to services if you:

Violate these Terms;
Fail to pay amounts owed;
Damage property;
Engage in abusive or threatening behavior;
Engage in fraudulent activity;
Create a safety risk; or
Otherwise misuse Fairway365's services.

Termination does not eliminate obligations that accrued before termination.

Any provisions that by their nature should survive termination shall survive, including applicable provisions regarding payment obligations, intellectual property, limitations of liability, indemnification, dispute resolution, and governing law.

33. MODIFICATIONS TO THESE TERMS

Fairway365 may modify these Terms from time to time.

When appropriate, Fairway365 may provide notice of material changes through the website, email, account notifications, or other reasonable methods.

The updated Terms will become effective on the date stated in the updated Terms unless otherwise required by law.

Your continued use of Fairway365 services after the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.

34. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

35. NO WAIVER

Fairway365's failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

36. ENTIRE AGREEMENT

These Terms, together with any applicable:

Booking terms;
Membership terms;
Refund and Cancellation Policy;
Privacy Policy;
Cookie Policy;
Liability Waiver;
Facility rules; and
Other agreements expressly incorporated by reference,

constitute the agreement between you and Fairway365 concerning your use of the applicable services.

If there is a conflict between these Terms and a specific written agreement applicable to a particular service, the specific agreement will control to the extent of the conflict.

37. CUSTOMER ACKNOWLEDGMENT

BY ACCESSING OR USING FAIRWAY365, MAKING A RESERVATION, PURCHASING A MEMBERSHIP, MAKING A PURCHASE, OR ENTERING THE FACILITY, YOU ACKNOWLEDGE THAT:

YOU HAVE READ THESE TERMS;
YOU UNDERSTAND THESE TERMS;
YOU AGREE TO BE BOUND BY THESE TERMS;
YOU AGREE TO FOLLOW FAIRWAY365'S FACILITY RULES;
YOU UNDERSTAND THAT GOLF AND RECREATIONAL ACTIVITIES INVOLVE INHERENT RISKS;
YOU ARE RESPONSIBLE FOR YOUR CONDUCT AND THE CONDUCT OF YOUR GUESTS;
YOU ARE RESPONSIBLE FOR DAMAGE YOU OR YOUR GUESTS CAUSE TO FAIRWAY365 PROPERTY TO THE EXTENT PERMITTED BY LAW; AND
YOU HAVE HAD THE OPPORTUNITY TO REVIEW ANY APPLICABLE WAIVER, REFUND POLICY, MEMBERSHIP TERMS, PRIVACY POLICY, AND OTHER APPLICABLE POLICIES.

38. CONTACT INFORMATION

Fairway365 Legal Entity: Kushi Arav 24 LLC Location: Warner Robins, Georgia Website: Fairway365.com

For questions regarding these Terms, memberships, reservations, cancellations, or other matters, customers may contact Fairway365 through the contact information provided on the Fairway365 website.