Purchase Terms & Conditions
Last updated: February, 2024
DEFINITIONS
“Pass Holder” means an individual who purchases or receives a Pass Product.
“Pass Product” or “Pass Products” means Marin County Walking Golf Pass, Marin County Riding Golf Pass, California Walking Golf Pass, California Riding Golf Pass or any other annual or monthly pass available for purchase on californiagolfpass.com.
“Course(s)” means the participating golf courses and facilities at which the Pass Product is valid and accepted including without limitation Indian Valley Golf Club, Peacock Gap Golf Club, McInnis Park Golf Center, Mill Valley Golf Course, any other golf course and facility that may be accessed by use of or in connection with the Pass Product, California Golf Group LLC, and each of their respective owners, landlords, operators, parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, employees, volunteers, agents, insurers.
Whenever “we”, “us”, or “our” are used in this Agreement it is intended to refer to the Course(s) and whenever “you” or “your” is used in this Agreement, it is intended to refer to Pass Holder.
NON-REFUNDABLE / NON-TRANSFERABLE
All Pass Products are non-refundable and non-transferable. All sales of Pass Products are final.
ACCESS
Pass Products do not guarantee Pass Holder access to the Course(s).
Pass Holder must present a valid ID with a name that matches the Pass Product to use the Pass Product. Use of a Pass Product is subject to the Course(s) being open and having the capacity and ability to allow the Pass Holder access to the Course(s). A Pass Holder’s use of the Pass Product may be restricted or denied as a result of events or occurrences that limit or prohibit the Course(s) from its operation, in whole or in part, including but not limited to, capacity constraints, weather, weather-related events, travel advisories, road closures, public health advisories, or government orders.
The Course(s) are not liable to Pass Holder for any failure or impairment that may prevent a Pass Holder’s ability to access the Course(s) for any reason, including but not limited to, severe weather events, snow, ice, high-winds, blizzards, drought, and floods, and closed roads and mountain passes, unplowed road conditions, canceled or delayed flights.
Purchase of a Pass Product does not guarantee, nor do we represent, that the pass season will be for a minimum or a maximum length of time or that Pass Holder will have the opportunity to use their Pass Product for a minimum or a maximum number of days during the season.
The Course(s) may experience natural events, including but not limited to severe weather events, or mechanical problems with their equipment that prevent the Course(s) from opening all or a portion of its playable/walkable terrain. Closed terrain is not accessible to golfers, walkers or riders. Please respect closed terrain as it is closed for golfer safety and the safety of our employees. Failure to follow the safety codes/policies of the Course(s) or the instruction of Course staff may result in Pass Holder’s partial or complete loss, forfeiture, or suspension of their Pass Product at all or some of the Course(s).
The Course(s) have limited parking available. We are not responsible for any inability to access the Course(s) due to lack of parking. Please plan ahead and carpool whenever possible. Take note that the Course(s) may charge a parking fee or a parking reservation.
The Course(s) have limited capacity and Course(s) management reserves the right to limit (including through the use of a reservation system), refuse or deny entry to the Course(s) or its facilities at its sole discretion for any reason, regardless of Pass Holder status.
DUPLICATE PASS PRODUCTS
Except for Pass Frequency Products, Pass Holder is prohibited from holding two or more Pass Products of the same type during a single season. We reserve the right to revoke any duplicate Pass Product that is issued to Pass Holder for a single season.
TAXES & FEES
Any Marin County Walking Golf Pass, Marin County Riding Golf Pass, California Walking Golf Pass, California Riding Golf Pass Products are sold inclusive of all taxes and fees. Any course specific Pass Products will be charged all applicable taxes and fees.
SUPPLEMENTAL TERMS
This Agreement governs the Pass Products generally. More specific and/or supplemental terms and conditions may apply to some Pass Products, including but not limited to, the Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement, Terms of Use, Privacy Policy, additional terms and conditions regarding deferral credits and Covid closure credits, or other waivers or releases of liability (individually and collectively, the “Primary Terms”). Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the Primary Terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Pass Products.
AMENDMENTS
From time to time, we may need to make changes to the terms and conditions of this Agreement for several reasons, including to reflect changes in the Pass Products or the law.
You are responsible for periodically checking our websites to confirm any updates or amendments to this Agreement. Your continued use of the Pass Products will be deemed your acceptance and agreement to the updates or amendments made to this Agreement. If you do not agree to any updates or amendments made to this Agreement, then you should discontinue use of the Pass Products. Modifications of this Agreement, either oral or written, made by a customer service agent or other unauthorized personnel of a Course are not permitted and are unenforceable.
SEVERABILITY
In the event any provision of this Agreement is determined to be illegal, unenforceable, or unlawful then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
The provisions of this Agreement which by their nature shall survive the termination of this Agreement, include but are not limited to Supplemental Terms, Severability, Waiver, Choice of Forum and Consent to Personal Jurisdiction, and Choice of Law.
WAIVER
No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CHOICE OF FORUM AND CONSENT TO PERSONAL JURISDICTION
You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed, and that venue properly lies, only in the state or federal courts located in Dover, Delaware (for residents of the United States), or the courts seated in the province in which you reside (for residents of Canada), and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action.
CHOICE OF LAW
Disputes arising out of or relating to your activities at a Course shall be governed by the law of the state (for Courses in the United States) or province (for Courses in Canada) in which that Course is located, without regard to any state’s or province’s choice-of-law principles.
All other Disputes shall be governed by the law of the state of Delaware (for residents of the United States) or the law of the province in which you reside (for residents of Canada), without regard to any state’s or province’s choice-of-law principles.