Terms and Conditions
These Terms & Conditions govern your use of The Summit Golf Club Ltd website and, where applicable, your membership and use of our facility.
Read them before you book or join. They affect your legal rights.
Part A applies to everyone who books a bay, enters the facility, or plays as a guest, whether you are a casual booker or a member. Part B applies in addition if you hold a membership. Part C covers use of our website and the general legal terms that apply throughout.
By using our website, completing a booking, joining as a member, ticking "I agree to the Terms and Conditions", or entering the facility, you confirm you have read, understood and agreed to these terms. If you book for other people, you do so as their agent and they are bound by these terms too.
Our Privacy Policy is a separate document on our website.
1. Who we are
The Summit Golf Club Limited (NZBN [FULL 13-DIGIT NZBN]), trading as The Summit Golf Club, of Unit A, 41–53 View Road, Wairau Valley, Auckland ("The Summit", "we", "us", "our").
Contact: hello@thesummitgolfclub.co.nz · 021 912 274
We supply indoor golf simulator bay hire and related recreational services.
2. Definitions
Access Code — the single-use code issued for a specific booking that unlocks the entrance door.
Allocation — the bay hours per week attached to your Tier.
Bay — a simulator bay, including the hitting area, mat, screen, enclosure, projector and TrackMan unit.
Billing Account — the bank account or card you nominate for your weekly Membership Fee.
Booking — a confirmed reservation of a bay for a stated date, time and duration.
Facility — our premises at Unit A, 41–53 View Road, Wairau Valley, including the bays, lounge, amenities and entrance.
Guest — a person who plays or attends under a booking made by someone else.
Host — the person in whose name a booking is made. The Host is responsible for everyone attending under that booking.
Member — a person holding a current membership under Part B.
Membership Fee — the weekly fee for your Tier.
Membership Week — the seven-day period running from [DAY] to [DAY], used to calculate and reset your Allocation.
Minimum Term — the first three months of your membership.
Peak and Off-Peak — the hours defined in clause 19.
Tier — the membership level you select at sign-up.
PART A — BOOKING AND FACILITY TERMS
3. The facility is unstaffed — read this
The Summit operates 24 hours a day, seven days a week, with no staff on site.
You acknowledge and accept that:
No staff member, first aider, coach or supervisor is present at any time.
No one will be on site to assist you if you are injured, unwell, locked out, or if equipment fails.
You may be alone in the facility, including at night.
You are responsible for your own safety and for the safety of anyone you bring with you.
If you need urgent help, call 111. Emergency information and our contact details are posted at the entrance and in each bay.
We monitor the facility by CCTV, but nobody watches those cameras continuously and CCTV is not a substitute for supervision or assistance.
If you are not comfortable using an unstaffed facility, or you have a health condition that makes it unsafe for you to exercise alone, do not book.
4. Age
You must be 18 or over to make a booking or to be in the facility without an accompanying adult.
A person under 18 may attend only as a Guest of a Host aged 18 or over who remains present and supervises them for the whole session. A parent or legal guardian must complete our guest waiver for any Guest under 18 before that Guest enters a bay.
We may refuse or cancel access where we reasonably believe someone is under 18 and unaccompanied.
5. Bookings
Make bookings in advance through our booking platform. We do not accept walk-ins. Every visit needs a booking.
By booking through the platform you also accept the terms and privacy policy of the platform provider and of our payment provider.
Check your booking details before you confirm. We are not liable for a missed or unusable session caused by details you entered incorrectly.
We confirm bookings by email. Once you receive that confirmation you have a contract with us on these terms.
Casual bookings are paid in full at the time of booking. Member bookings draw on your Allocation under Part B.
All prices are in New Zealand dollars and include GST. Payment processing fees, where they apply, are shown at checkout and you agree to pay them.
We may adjust, move or cancel a booking where we need to for maintenance, repair, safety or an event. We will tell you by email or text as early as we can, and we will offer you an alternative time or refund the affected booking.
6. Access Codes
We issue a single-use Access Code for each booking. Members receive a new code for every booking in the same way as casual bookers.
Your Access Code is personal to that booking. You must not share it, forward it, or give it to anyone else, including another member.
You must not let anyone into the facility who does not have their own valid booking or who is not a Guest attending under your booking and accompanied by you. Do not hold the door open, prop it open, or admit someone who asks to be let in.
We treat sharing an Access Code, or admitting a person who has no valid booking, as a serious breach. Clause 15 sets out what happens.
7. Changes, cancellations and no-shows
You can change or cancel a booking through the booking platform up to three hours before the start time.
Within three hours of the start time you cannot change or cancel. If you do not attend, or you attend and leave early:
Casual bookings — the fee is forfeited. We do not refund it.
Member bookings — the allocated hours are forfeited and are not returned to your Allocation.
We do not refund a change of mind.
Repeated no-shows waste capacity other people wanted. If you no-show [NUMBER] times in any [PERIOD], we may restrict your advance booking window or suspend your booking privileges. We will tell you in writing before we do.
8. Guests
A Host may bring up to three Guests per session.
Guests use the Host's booked bay time. Guests do not consume additional hours and we do not charge a separate guest fee.
The Host must:
be present and playing for the entire session
remain with their Guests at all times while they are in the facility
make sure each Guest completes our guest waiver before playing
make sure each Guest follows these terms and the facility rules
The Host is responsible for the conduct of their Guests and is financially liable for any damage or loss caused by them, including damage discovered after the session ends.
Clause 13 applies.
You must not use a booking to give other people bay time you will not be present for.
9. Safety rules
You accept that golf carries an inherent risk of injury to you and to people around you, including where you are only watching. Golf balls travel at high speed and clubs move fast in a confined space.
You confirm that you are in good health, that you are not impaired by alcohol, drugs or medication, and that no medical condition makes it unsafe for you to play. Get medical advice if you are unsure. Exertion can trigger or aggravate an existing condition.
While you are in the facility:
Only one person may be in the hitting area at a time. Everyone else stands clear of the swing path and behind the marked line.
Hit from the hitting mat only. No running starts, trick shots or horseplay.
Check your surroundings before every swing.
Hit one ball at a time, and aim at the impact screen. Do not aim at walls, ceiling, netting, projectors or the TrackMan unit.
Keep children within arm's reach and out of the hitting area.
Do not climb on, adjust or dismantle any equipment.
Follow all posted rules and all instructions displayed in the bay or on the in-bay screen.
We may end a session immediately, without refund, where someone breaches these safety rules.
10. Equipment, clubs and balls
Bring your own clubs. Clubs must be in good condition and clean, with no mud, grass or grit.
We supply golf balls for use in the facility. You may use your own balls provided they are clean, in good condition, and carry no ink, marker or paint of any kind. Marked balls transfer ink onto the impact screen and cause permanent damage. If your balls are marked, use ours.
Balls, equipment and anything else we supply stay in the facility. Do not remove them.
Report any fault, damage or spill through the contact details posted in the bay before you leave, whether or not you caused it.
11. Footwear and dress
Wear clean, enclosed footwear with a flat or dimpled sole. Metal spikes, bare feet and socks-only play are not permitted. Do not wear muddy or wet shoes into the bays.
Dress appropriately for a shared premium facility.
12. Food, drink, alcohol and smoking
Do not take food or drink into the bays. Eat and drink in the lounge and seating area only, and clean up after yourself.
You may bring your own snacks and non-alcoholic drinks.
Alcohol is not permitted anywhere in the facility. Do not bring it in and do not consume it on the premises. We hold no alcohol licence and no staff supervise the site. Do not enter the facility while affected by alcohol or drugs.
Smoking, vaping and e-cigarettes are prohibited throughout the building.
13. Damage and financial liability
You are financially responsible for damage you or your Guests cause to the facility or its equipment, including impact screens, projectors, TrackMan units, enclosures, netting, mats, furniture, doors and access hardware.
Where you cause damage through a breach of these terms, careless or reckless behaviour, we will invoice you for the full cost of repair or replacement, including labour and any loss of bay revenue while the bay is out of service. Payment is due within 14 days.
Normal wear and tear from proper use is on us, not you.
We may charge the card or account you used for the booking, or your Billing Account, for damage costs, after we have told you the amount and given you a reasonable opportunity to respond.
14. Personal property
Look after your own gear. We are not responsible for loss, theft or damage to clubs, bags, clothing, devices or anything else you bring, however that happens.
15. Conduct, warnings and enforcement
We expect everyone to treat the facility, the equipment and other users with respect. Because nobody is on site, this only works if people hold themselves to it.
You must not:
share an Access Code or admit a person without a valid booking
use a bay outside your booked session, including hitting balls before or after your time
damage or abuse equipment, including throwing clubs
behave in a way that is threatening, abusive or unsafe towards other users
record another person without their agreement, or use footage taken in the facility for commercial purposes without our written consent
bring in an external coach, or give or receive paid instruction in the facility, unless we have agreed in writing
do anything illegal on the premises, or anything that puts our lease, insurance or supplier agreements at risk
How we deal with breaches. For a first or minor breach we issue a written warning and record it against your account. Where a breach is serious, or where you breach again after a warning, we may suspend or terminate your access or membership immediately and without refund. Serious breaches include admitting a stranger to the facility, deliberate damage, theft, and threatening or abusive behaviour.
We may also recover our costs and losses, charge for unbooked bay use, and report the matter to Police.
We review CCTV, access logs and booking records when investigating. We will tell you what we relied on and give you a chance to respond before we terminate a membership, unless the breach is serious enough that we need to act immediately.
16. CCTV and security
We operate CCTV covering the entrance, lounge and bay areas for safety, security and to investigate breaches. Recording is continuous. Nobody monitors the cameras live.
By entering the facility you consent to being recorded. We handle that footage under our Privacy Policy.
We do not place cameras in toilets or changing areas.
17. Service interruptions and equipment faults
Simulators, projectors, screens and door hardware occasionally fail. With no staff on site, we cannot always fix a fault straight away, particularly overnight.
If a fault stops you using your booked bay:
Report it through the contact details posted in the bay as soon as it happens.
Where a bay is unusable for more than [15] minutes of your session, we credit the affected time. Members receive the hours back into their Allocation. Casual bookers receive a credit against a future booking, or a refund of the affected time where you prefer.
We do not compensate for travel, lost time or other consequential loss.
We do not guarantee uninterrupted access. Power outages, internet outages, TrackMan platform outages and building services faults sit outside our control.
Nothing in this clause limits your rights under the Consumer Guarantees Act 1993.
[STUART — DECISION NEEDED] You flagged that you would work out the downtime plan separately. The 15-minute threshold and the credit approach above are my defaults.
18. Your shot data
TrackMan collects and stores your shot data through the TrackMan Golf app and platform. TrackMan, not us, holds that data and it is governed by TrackMan's own terms and privacy policy, which you accept when you create a TrackMan account.
We can see facility-level usage and booking data. We do not guarantee that your individual shot data will be retained, exported or recoverable, and we are not responsible if TrackMan changes its platform, its retention practice or its terms.
PART B — MEMBERSHIP TERMS
Part B applies if you hold a membership. Everything in Part A applies to you as well.
19. Peak and Off-Peak
Peak Monday to Friday 6:00am–9:00am and 4:00pm–9:00pm Saturday and Sunday 6:00am–9:00pm
All other hours are Off-Peak, including 12:00am–6:00am daily and 9:00pm–12:00am daily.
Off-Peak members are locked out of Peak windows by the booking system. If you hold an Off-Peak Tier you cannot make a booking that starts or runs into a Peak window.
We may change these windows to manage demand. We will give you 30 days' notice by email before a change takes effect.
20. Applying for membership
You must be a natural person aged 18 or over. We do not offer memberships to companies or other entities.
Everything you tell us in your application must be true and complete.
We may decline any application without giving a reason, and we are not liable to you if we do.
Your membership starts when we confirm your application and your first payment succeeds.
We cap membership numbers to protect bay availability for members and to keep capacity for casual bookings. When a Tier is full we operate a waitlist and offer places in order.
21. What membership is
Membership gives you a contractual right to book and use the facility on these terms. You do not become a member of an incorporated society, a club in the legal sense, or a shareholder, and you acquire no interest in the business or the premises.
Your membership is personal to you. You cannot transfer, sell, lend or share it.
Membership is for your own recreational use. You must not use it for any commercial purpose, including paid coaching, client entertainment charged to a third party, reselling bay time, or running an event for profit, unless we agree in writing.
22. Tiers, fees and Allocation
Tier Weekly fee (incl GST) Allocation Access Advance booking Max active bookings Social $25 [X] hrs/wk [OFF-PEAK ONLY?] [X] days [X] Off-Peak $38 [X] hrs/wk Off-Peak only [X] days [X] Anytime $60 [X] hrs/wk Peak and Off-Peak [X] days [X] Premium $75 [X] hrs/wk Peak and Off-Peak [X] days [X]
Maximum session length is [X] hours for all Tiers.
Your Allocation resets at the start of each Membership Week. Unused hours expire. Hours do not roll over, bank or accumulate.
Guests use your Allocation rather than adding to it. A session with three Guests consumes the same hours as a solo session.
Where you want more bay time than your Allocation, book and pay for it at the casual rate.
You can move to a higher Tier at any time, effective from the next Membership Week. You can move to a lower Tier with 30 days' notice, effective from the next Membership Week after that notice ends. You cannot downgrade during the Minimum Term.
[STUART — CONFIRM] Allocations, advance booking windows, maximum active bookings and session cap need filling in. I also need to know what the Social tier gets, since it sits below Off-Peak on price.
23. Payment
Membership Fees are charged weekly in advance by direct debit from your Billing Account, starting on the day your membership begins and recurring on the same day each week.
You authorise us to debit your Billing Account for the Membership Fee each week until your membership ends under these terms.
You are responsible for keeping your Billing Account details current. Update them through your account before they expire.
Where your payment method attracts a processing or merchant fee, you pay it. We show it before you sign up.
[STUART — CONFIRM] Payment provider still to be settled. Once you have it, this clause needs the provider named, the direct debit authority wording checked against their requirements, and the debit day fixed.
24. Failed payments
If a weekly payment fails, we will notify you by email or text and try again.
Your booking access is paused while your account is in arrears. Existing bookings during that period may be cancelled.
If your account remains unpaid 10 days after the failed payment, we may suspend your membership and, where you are still within the Minimum Term, require the balance of the Minimum Term to be paid.
We may recover reasonable costs of collecting an overdue amount.
25. Minimum Term and cancellation
Your membership runs for a Minimum Term of three months from your start date.
You cannot cancel during the Minimum Term. If you stop paying or cancel your direct debit during the Minimum Term, you remain liable for the fees for the balance of that term.
After the Minimum Term, your membership continues week to week. You may cancel by giving us 30 days' written notice by email or through your account. Fees continue during the notice period and your membership ends at the end of it.
Cancellations cannot be backdated. We do not refund fees already paid, and we do not refund or credit unused Allocation, except where the Consumer Guarantees Act 1993 requires it.
26. Putting your membership on hold
You may apply to put your membership on hold for up to four weeks in any 12-month period.
Apply in writing before the hold starts. We grant or decline holds at our discretion, and we will tell you either way within [5] working days. We do not require you to give a reason, though a reason helps us assess the request.
While your membership is on hold we do not charge the Membership Fee, you have no Allocation, and you cannot book. A hold does not extend or pause the Minimum Term unless we agree in writing.
27. Changes to fees and benefits
We may change Membership Fees, Allocations, Tier structures or benefits. We will give you at least 30 days' written notice by email before a change takes effect.
If you do not accept a change, you may cancel with effect from the date the change takes effect, by telling us in writing before that date. The 30-day notice period in clause 25 does not apply where you cancel for this reason, and neither does the Minimum Term.
28. Founding Membership
Founding Membership is a limited pre-opening offer. The number of places, the Tiers it applies to, the rate, what is locked in and for how long are set out in the Founding Membership offer document you receive at sign-up, which forms part of your agreement with us.
Founding Membership benefits apply only while your membership stays continuously active and paid. If you cancel, default and are terminated, or breach the Minimum Term, you lose your Founding rate and benefits permanently. Rejoining later puts you on the then-current public rate.
Founding places are not transferable.
[STUART — TO COMPLETE] This is a holding clause pointing at a separate offer document, so you can finalise and publish the founding package without reopening these terms. Confirm two assumptions: benefits are forfeited on cancellation or default, and rejoining does not restore the founding rate.
29. Induction
Before your first booking you must complete our online induction covering access, bay operation, safety and what to do if something goes wrong. We may require you to complete it again where you have not used the facility for an extended period or where you have breached the safety rules.
30. Suspension and termination by us
We may suspend or terminate your membership by written notice where:
you breach these terms and do not fix the breach within 7 days of us asking you to
you commit a serious breach, in which case we may act immediately. Serious breaches include sharing an Access Code, admitting a person without a valid booking, deliberate damage, theft, and threatening or abusive behaviour
your account remains unpaid under clause 24
you gave us false information in your application
Where we terminate for a serious breach or non-payment, we do not refund fees paid and we may still recover our costs and losses.
We may also close the facility permanently or stop offering membership. We will give you at least 30 days' notice and refund any fees paid for a period after your membership ends.
PART C — WEBSITE AND GENERAL
31. Using our website
These terms govern your use of thesummitgolfclub.co.nz and any subdomain or page we operate.
You may use the site to read about the facility, make bookings, apply for membership, manage your account and contact us. You must not:
use the site for any unlawful purpose
try to gain unauthorised access to any part of the site, our booking system, or an account that is not yours
interfere with the operation of the site, including by introducing malicious code or placing unreasonable load on it
scrape, copy or republish site content for commercial purposes without our written consent
misrepresent your identity or your authority to act for another person
You are responsible for keeping your account login secure and for everything done under your account. Tell us as soon as you become aware of any unauthorised use.
We may suspend or withdraw access to the site, in whole or in part, if you breach these terms. We do not guarantee the site will be available without interruption or free of faults.
32. Website content and pricing
We take reasonable care to keep the site accurate, but we do not warrant that everything on it is complete, current or error-free. Rates, membership fees, opening arrangements and facility details may change without notice.
If a price or product is listed incorrectly because of a system error or oversight, we may cancel or correct the affected transaction, even where we have already confirmed it. Where we cancel, we refund what you paid for the cancelled item in full.
Nothing on the site is coaching, health or professional advice.
33. Intellectual property
We own or licence all content on the site, including text, images, video, the fairway device, the TS monogram and The Summit Golf Club name and logo. You may view and print pages for your own personal use. You may not otherwise copy, adapt, distribute or commercially exploit any of it without our written consent.
TrackMan, and any other third-party marks appearing on the site, belong to their respective owners.
34. Links to other sites
The site links to sites we do not control, including our booking platform, payment providers and TrackMan. We provide those links for convenience. We do not endorse those sites, we are not responsible for their content or their handling of your information, and you follow them at your own risk.
35. Cookies and tracking
We use cookies and similar technologies, including analytics and advertising pixels, to understand how the site is used and to measure and target advertising. You can disable cookies in your browser, though parts of the site may then stop working. Our Privacy Policy sets out what we collect and who we share it with.
36. Marketing
We will only send you marketing email or text if you have opted in. Every marketing message includes an unsubscribe link and we action unsubscribes promptly, as required by the Unsolicited Electronic Messages Act 2007.
Opting out of marketing does not stop us sending you messages about your booking, your membership, your account or the operation of the facility.
We may use photographs and video taken in shared areas of the facility for promotional purposes where the people shown have agreed. Tell us if you do not want to appear and we will not use it.
37. Your rights under New Zealand law
Nothing in these terms limits or excludes your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Personal injury in New Zealand is generally covered by the accident compensation scheme under the Accident Compensation Act 2001, which limits your right to sue for compensatory damages for personal injury.
To the extent the law allows, we are not liable for indirect or consequential loss.
If you use the facility for business or trade purposes, and it is fair and reasonable for us to contract out of the Consumer Guarantees Act and the relevant provisions of the Fair Trading Act, those provisions do not apply to that transaction.
38. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 2020.
39. Changes to these terms
We may update these terms. We will publish the updated version on our website and tell you by email at least 14 days before a material change takes effect, or 30 days where the change affects membership fees or benefits under clause 27. The terms that apply to a booking are the ones published when you made it.
40. Notices
We will send notices to the email address on your account. Tell us when it changes. Notices we send are treated as received the day after we send them.
Send notices to us at hello@thesummitgolfclub.co.nz.
41. Governing law
These terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction.
