These Terms and Conditions ("Terms") form a legally binding agreement between you ("you," "your," or "User") and Fairway Finder, including its parents, subsidiaries, affiliates, officers, directors, employees, agents, and assigns ("Fairway Finder," "we," "us," or "our"). These Terms govern your access to and use of the Fairway Finder website, mobile applications, and related services (collectively, the "Platform"). By creating an account, checking the "I agree" box during signup, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.
Please read these Terms carefully. Section 14 contains a binding arbitration agreement and a class action waiver that affect your legal rights. Section 11 contains important assumption-of-risk language regarding golf instruction.
Fairway Finder operates an online marketplace that connects independent golf instructors and coaches ("Pros") with individuals seeking golf instruction ("Students" or "Players"). Pros and Students are collectively referred to as "Users."
Fairway Finder is not a golf instructor, coach, trainer, school, employer, agent, partner, joint venturer, broker, insurer, or fiduciary of any User. We do not provide golf lessons, athletic instruction, fitness training, medical advice, transportation, or facilities. We do not employ, supervise, direct, manage, or control any Pro. Pros are independent third parties who are solely responsible for the services they offer, the manner in which they provide those services, the locations at which lessons are conducted, the equipment used, the prices charged, and all interactions with Students.
By using the Platform, you acknowledge and agree that Fairway Finder's sole role is to facilitate introductions, scheduling, communication, and payment processing between independent Users. Any lesson, agreement, or transaction between a Student and a Pro is a direct contract between those two parties. Fairway Finder is not a party to any such contract and disclaims any and all liability arising from it.
To create an account or use the Platform, you must be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater. Minors under 18 may use the Platform only through an account created and supervised by a parent or legal guardian who agrees to these Terms on the minor's behalf and assumes full responsibility for the minor's use of the Platform and participation in lessons. You must have the legal capacity to enter into a binding contract. You must not be barred from receiving services under the laws of the United States or any applicable jurisdiction. You must not have previously had your account suspended or terminated by Fairway Finder. You must provide accurate, current, and complete information during registration and keep it updated.
You agree to: (a) provide true, accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) be solely responsible for all activity that occurs under your account, whether or not authorized by you; and (e) immediately notify Fairway Finder of any unauthorized use of your account or any other breach of security. You may not impersonate any person or entity, use a false identity, or create more than one account without our express written permission. We may, at our sole discretion, refuse registration, suspend, or terminate any account at any time, with or without cause and with or without notice.
Pros expressly acknowledge and agree that they are independent contractors and not employees, agents, partners, franchisees, or representatives of Fairway Finder. Fairway Finder does not direct or control their work, methods, hours, location, fees, equipment, or instruction techniques. Pros are solely responsible for all federal, state, local, and foreign taxes, withholdings, self-employment contributions, business licenses, certifications, permits, and insurance applicable to their activities, including but not limited to general liability insurance and professional liability insurance. Pros will not be eligible for any employee benefits, workers' compensation, unemployment insurance, health insurance, retirement plans, or any other employment-related entitlements from Fairway Finder. Pros are responsible for accurately representing their credentials, certifications, experience, and qualifications. Fairway Finder does not verify, endorse, or guarantee any Pro's credentials, background, character, or fitness for instruction beyond such review as may be expressly described on the Platform. Pros will comply with all applicable laws, regulations, professional standards, and facility rules in providing lessons.
Pros are expected to arrive on time and ready to teach every lesson they accept. If a Pro fails to show up for a scheduled lesson without prior cancellation, written notice to the Student, or a documented emergency or force-majeure event (a "No-Show"), the Pro acknowledges and agrees that the Pro is solely and fully responsible for refunding the affected Student the entire amount paid for the missed lesson, including any portion already paid out to the Pro. The refund must be issued promptly, and in any event within five (5) business days of the missed lesson. The Pro authorizes Fairway Finder to deduct, reverse, claw back, or otherwise recover the refund amount (including the Pro's portion of any lesson fee already transferred) from the Pro's connected payment account, payout balance, future earnings on the Platform, or by direct invoice. The Pro further agrees to reimburse Fairway Finder for any chargebacks, fees, or refund costs Fairway Finder incurs as a result of the No-Show. Fairway Finder reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate the Pro's account and remove the Pro from the Platform following a No-Show, with or without prior notice and with or without further explanation. Repeated No-Shows, last-minute cancellations, or any pattern of unreliable conduct may result in immediate and permanent removal. Fairway Finder may, in addition to or in lieu of removal, downgrade the Pro's ranking, hide the Pro from search results, restrict booking availability, withhold pending payouts, or take any other action it deems appropriate to protect Students and the integrity of the Platform. The Pro agrees that the foregoing remedies are reasonable, necessary to maintain the trust of Students, and in addition to (and not in lieu of) any other remedies available to Fairway Finder at law or in equity.
Students acknowledge and agree that the selection of a Pro is the Student's own decision. Fairway Finder does not recommend, endorse, vet, or guarantee any Pro. Students are responsible for evaluating a Pro's qualifications, reviews, certifications, location, equipment, policies, and suitability before booking. Students are responsible for their own health, fitness, physical condition, and ability to safely participate in golf instruction. Students should consult a qualified physician before beginning any new physical activity, including golf lessons. Students are responsible for all conduct at the facility where the lesson is held, including compliance with that facility's rules.
Fairway Finder may, but is not obligated to, conduct identity verification, certification checks, or background screenings on Users. Any such check is performed on a limited basis, may rely on third-party data, and is not a guarantee that a User is safe, qualified, honest, or law-abiding. Fairway Finder makes no representation or warranty regarding the past or present conduct, criminal history, character, or fitness of any User. You are solely responsible for taking reasonable precautions in all interactions with other Users.
Booking a lesson through the Platform creates a direct contractual relationship between the Student and the Pro. Fairway Finder facilitates the booking and payment but is not a party to the lesson contract.
All payments are processed through a third-party payment processor (e.g., Stripe). By making a payment, you agree to the payment processor's terms. Fairway Finder does not store full payment card details. You authorize Fairway Finder and its payment processor to charge your designated payment method for all lesson fees, taxes, service fees, and any other amounts owed.
Fairway Finder may charge service fees, processing fees, or commissions on transactions. Fees may change at any time and will be disclosed at the time of booking. All fees are non-refundable except as expressly stated.
Users are responsible for determining and paying all taxes assessed on their use of the Platform or their activities, including but not limited to income, sales, use, value-added, or other taxes.
Each Pro sets their own cancellation policy, which is displayed on their profile and at the time of booking. By booking a lesson, the Student agrees to that Pro's cancellation policy. Fairway Finder is not responsible for issuing refunds outside of the Pro's stated policy, except where required by applicable law or where Fairway Finder, in its sole discretion, elects to do so. Disputes about refunds, lesson quality, or no-shows are between the Student and the Pro; Fairway Finder may, but is not required to, assist in resolving such disputes.
You agree not to use the Platform for any unlawful, fraudulent, harassing, abusive, threatening, defamatory, obscene, discriminatory, or harmful purpose. You agree not to solicit personal information from minors, or use the Platform to attempt to contact, befriend, or meet minors outside of a parent-authorized lesson. You agree not to circumvent the Platform's booking or payment system, including by arranging direct, off-platform payments after being introduced through the Platform. You agree not to post false, misleading, or deceptive reviews, ratings, or profile information. You agree not to interfere with, disrupt, reverse-engineer, scrape, or attempt to gain unauthorized access to the Platform, its servers, or any related systems. You agree not to use the Platform to transmit malware, spam, or unsolicited commercial communications. You agree not to use the Platform in violation of any applicable law, regulation, or third-party right. You agree not to harass, stalk, intimidate, or threaten any other User, employee, or affiliate of Fairway Finder. You agree not to bring firearms, weapons, illegal drugs, or alcohol (other than as permitted by the facility) to any lesson. Fairway Finder reserves the right to investigate any suspected violation and to suspend, terminate, or refer to law enforcement any User who violates these Terms.
You may post reviews, ratings, photos, bios, messages, and other content to the Platform ("User Content"). You retain ownership of your User Content but grant Fairway Finder a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and otherwise use your User Content in connection with operating, promoting, and improving the Platform and Fairway Finder's business, in any media now known or later developed. You represent and warrant that you own or have all necessary rights to your User Content and that it does not violate any third-party rights or applicable law. Fairway Finder may remove, edit, or refuse to display any User Content at its sole discretion, without notice.
Golf, golf instruction, and related physical activity involve inherent risks, including the risk of serious bodily injury, permanent disability, or death. Such risks include, but are not limited to: being struck by golf balls, clubs, equipment, or other objects; falls; slip-and-fall on wet, uneven, or slippery surfaces; lightning, sun exposure, heat, cold, and other weather-related conditions; collisions with carts, vehicles, or other persons; strains, sprains, tears, fractures, concussions, eye injuries, or repetitive-motion injuries; cardiac events; existing medical conditions exacerbated by exertion; acts or omissions of Pros, Students, third parties, facility staff, or other patrons; and any other risk inherent in athletic activity or in being present at a golf facility, range, course, or studio.
You knowingly and voluntarily assume all such risks, whether known or unknown, foreseen or unforeseen, that may arise from your use of the Platform or your participation in any lesson booked through the Platform.
To the maximum extent permitted by law, you, on behalf of yourself, your heirs, executors, administrators, successors, and assigns, hereby release, waive, discharge, and covenant not to sue Fairway Finder and its officers, directors, employees, agents, contractors, affiliates, and assigns (the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including death) that may be sustained in connection with your use of the Platform, any lesson, any interaction with another User, or any travel to or from a lesson, whether caused by the negligence of the Released Parties or otherwise.
The Platform and all content, services, and materials available through it are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. To the fullest extent permitted by law, Fairway Finder expressly disclaims all warranties, whether express, implied, or statutory, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, or any warranty arising from course of dealing, course of performance, or trade usage.
Without limiting the foregoing, Fairway Finder makes no warranty that: (a) the Platform will meet your requirements or be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; (b) any Pro is qualified, competent, safe, honest, or appropriate; (c) any Student is honest, safe, or appropriate; (d) any lesson will achieve any particular result, improvement, or score; (e) the quality of any lesson, instruction, facility, equipment, advice, or information will meet your expectations; or (f) any errors in the Platform will be corrected.
No advice or information obtained from Fairway Finder or through the Platform shall create any warranty not expressly stated in these Terms.
To the maximum extent permitted by law, in no event shall Fairway Finder or any of the Released Parties be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; any loss of profits, revenues, business, goodwill, use, data, or other intangible losses; any damages for personal injury, bodily injury, emotional distress, or death; any damages for loss or damage to property; or any damages arising from or related to your use of, or inability to use, the Platform or any lesson or interaction arranged through it — even if Fairway Finder has been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
In no event shall the aggregate liability of Fairway Finder and the Released Parties, arising out of or related to these Terms or your use of the Platform, exceed the greater of (a) the total amount of service fees you have paid to Fairway Finder in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
Please read this section carefully — it affects your legal rights.
You and Fairway Finder agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your interactions with other Users (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this section.
The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be the Commonwealth of Virginia, and the arbitrator may conduct hearings by video conference where appropriate.
You and Fairway Finder agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding.
You may opt out of the arbitration agreement in Section 14 by emailing legal@fairwayfinder.app within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provisions of these Terms.
You agree to defend, indemnify, and hold harmless Fairway Finder and the Released Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property right, privacy right, or right of publicity; (d) any lesson or interaction with another User, whether arranged through the Platform or otherwise; (e) any User Content you submit; or (f) any act or omission by you that results in injury, death, or property damage. Fairway Finder reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
The Platform and its content (excluding User Content), including all software, text, graphics, logos, trademarks, designs, and compilations, are the property of Fairway Finder or its licensors and are protected by U.S. and international intellectual property laws. You may not copy, reproduce, modify, distribute, publicly display, create derivative works of, or otherwise exploit any portion of the Platform except as expressly permitted by these Terms. The Fairway Finder name, logo, and all related marks are trademarks of Fairway Finder. You may not use these marks without our prior written consent.
The Platform may contain links to or integrate with third-party websites, applications, or services (including payment processors, mapping services, identity providers, and golf facilities). Fairway Finder does not control and is not responsible for any third-party services. Your use of any third-party service is at your own risk and subject to that third party's terms.
Fairway Finder may suspend, restrict, or terminate your account or access to the Platform at any time, with or without cause, with or without notice, and without any liability to you. You may close your account at any time by following the instructions in your account settings or by contacting us. Sections 1, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, and 23, and any other provision that by its nature should survive termination, shall survive any termination of these Terms.
We may modify, suspend, or discontinue the Platform (or any portion of it) at any time, with or without notice. We may also modify these Terms at any time. Material changes will be communicated by posting the updated Terms on the Platform and updating the "Last Updated" date, and/or by other reasonable means such as in-app notification or email. Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.
These Terms and any dispute arising out of or related to them or the Platform shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. Subject to the arbitration provisions in Section 14, the exclusive venue for any action not subject to arbitration shall be the state or federal courts located in Richmond, Virginia, and you consent to the personal jurisdiction of such courts.
Fairway Finder shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, severe weather, lightning, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunication outages, or third-party service failures.
Entire Agreement. These Terms, together with the Privacy Policy and any policies referenced herein, constitute the entire agreement between you and Fairway Finder regarding the Platform and supersede any prior agreements. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms. No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Fairway Finder. Notices. We may give notice to you by email, in-app message, or by posting on the Platform. You may give notice to us at legal@fairwayfinder.app. Headings. Section headings are for convenience only and have no legal effect. Electronic Communications. You consent to receive communications from us electronically and agree that electronic communications satisfy any legal requirement that such communications be in writing.
If you have questions about these Terms, please contact us at support@fairwayfinder.app.
By creating an account on Fairway Finder, you acknowledge that you have read these Terms in full and agree to be bound by them.