WORLD TEAM GOLF CHALLENGE – BOOKING TERMS AND CONDITIONS

ACCEPTANCE OF TERMS: By progressing past the registration page on which these terms appear and selecting “Submit” or “Register”, you agree to the terms and conditions below with Activate Lifestyle Management Pty Ltd (trading as Golf Getaway) and that they are legally binding, having been agreed to by electronic means (“Booking Terms”). You represent and warrant that you are authorised and have the capacity to accept these Booking Terms. These Booking Terms apply to your registration and participation in a World Team Golf Challenge event (“Challenge”) conducted by Golf Getaway, in consideration for the fees paid as described herein.

BOOKING ON BEHALF OF A TEAM: Golf Getaway invites one Team Captain to register each Team so that registrations can be coordinated efficiently, rather than requiring every player to register individually. The person registering a Team (“Team Captain”) is responsible for coordinating their Team’s registration and communications with Golf Getaway, relaying information between Golf Getaway and Team members and assisting with arranging a replacement player if a Team member withdraws or fails to meet their obligations (see Team Substitutions below). Each player in a Team remains individually responsible for accepting these Booking Terms, making their own payments and complying with their own obligations under these Booking Terms. The Team Captain is not personally liable for another Team member’s failure to pay, cancellation, or non-compliance with these Booking Terms. If a Team member fails to make a required payment or withdraws, that Team member’s place may be forfeited in accordance with the Cancellation & Refunds clause below and this does not create any personal liability for the Team Captain. While there is no legal obligation to do so, the Team Captain and the remaining Team members are expected to make reasonable efforts to help find a replacement player so their Team can compete at full strength.

TEAMS & TOURNAMENT RULES: Each Challenge is contested by Teams of players as specified in the relevant Challenge registration materials. Specific rules will apply to the competition and will be communicated by Golf Getaway (or our sister company Golf University) when appropriate (“Tournament Rules”). Golf Getaway and its nominated representatives will have absolute discretion regarding rulings and any disputes regarding the Tournament Rules and how they apply.

TEAM SUBSTITUTIONS: Should a registered player be unable to participate, the Team Captain may request a replacement player, subject to Golf Getaway’s approval and any applicable substitution fee, provided the request is received within a reasonable period prior to the Challenge as specified by Golf Getaway. Substitutions requested after that time, or on the day of the Challenge, may not be able to be accommodated and no refund will be provided in respect of the withdrawing player.

HANDICAPS & EVENT INTEGRITY: Each player must provide a current, verifiable golf handicap (for example the official handicap system applicable in your home country) at the time of registration and if requested at any time prior to or during the Challenge. Golf Getaway and its nominated officials may verify, query or adjust any player’s handicap and may reallocate a player between divisions, flights or Teams accordingly. Any player found, in Golf Getaway’s reasonable opinion, to have misrepresented their handicap or otherwise manipulated their score for competitive advantage may be disqualified from the Challenge, the Order of Merit and any associated trophies, prizes or the $1 Million Shootout, without refund.

MINIMUM TEAMS & EVENT CONFIRMATION: Each Challenge is programmed to run subject to a minimum number of teams being confirmed prior to the event (currently 18 teams, or as otherwise stated in the relevant Challenge registration materials) (“Minimum Teams”). Golf Getaway will set a cut-off date for each Challenge by which the Minimum Teams must be reached in order for the Challenge to proceed as scheduled (“Confirmation Date”). If the Minimum Teams has not been reached by the Confirmation Date, Golf Getaway may, at its absolute discretion: (a) proceed with the Challenge as scheduled; (b) extend the Confirmation Date and continue accepting registrations; (c) postpone or relocate the Challenge to an alternative date, venue or destination; or (d) cancel the Challenge. If Golf Getaway cancels a Challenge because the Minimum Teams was not reached, all deposits and payments received will be refunded in full, less a non-refundable administration fee of $100 per registered person, within a reasonable period of the cancellation decision. This clause applies only to cancellation by Golf Getaway for failure to reach the Minimum Teams — cancellations or withdrawals initiated by you or a member of your Team remain governed by the Cancellation & Refunds clause below.

THE $1 MILLION SHOOTOUT: The $1 Million Shootout is a skills contest offered as part of the Challenge and is underwritten by an independent insurance provider (“Insurer”). Eligibility for the $1 Million Shootout, the manner in which it is conducted and any verification requirements are subject to the Insurer’s own rules and conditions, which will be made available to participants prior to the contest. Any prize payable is the sole responsibility of the Insurer. Golf Getaway makes no representation as to eligibility for or the outcome of any claim and accepts no liability for any prize payment. All decisions of the Insurer and its nominated officials in relation to the $1 Million Shootout are final.

ORDER OF MERIT: Points earned toward the season-long Order of Merit, the method by which they are calculated and eligibility to accrue or redeem them, are determined by Golf Getaway at its sole discretion and may be varied, suspended or discontinued between events without notice.

DEPOSITS AND FINAL PAYMENTS: An initial deposit in accordance with the communication from Golf Getaway and the Itinerary must be paid prior to any confirmation of your registration. Final payment (including optional extras) must be received in full on or before the date specified in the How To Register section of the relevant Challenge brochure or registration materials (“Final Payment Date”). The Final Payment Date varies between Challenges and destinations depending on the payment terms of the hotels and suppliers involved and will be confirmed at the time of registration. Should full payment not be received by the Final Payment Date, your registration may be cancelled without notice. Golf Getaway has the right to re-calculate Challenge costs to reinstate your registration and late payment fees may apply at the discretion of Golf Getaway. For cancellations, refunds are subject to the Cancellation & Refunds clause below.

CHANGES IN ITINERARY & FORCE MAJEURE: Golf Getaway endeavours to perform the Challenge according to the published Itinerary, but reserves the right to change or substitute where necessary for reasons outside of our control including but not limited to: acts of nature, road and or weather conditions, local holidays, strikes, war, civil disturbances, pandemic (e.g. COVID-19 or a variant of the same), advice by government authorities, breakdowns, medical or customs regulations, alterations, cancellations, delays, tender unavailability, or hotel, transport or golf course cancellations. Golf Getaway also reserves the right to amend the Itinerary at its own discretion where it considers this necessary or desirable for the Challenge. We will substitute (at the nearest possible standard) an alternative where possible. Any changes to an itinerary that incur an additional cost will not be Golf Getaway’s responsibility to cover — Golf Getaway will however assist and support with documentation as required for a travel insurance claim (see Insurance below).

CHALLENGE COSTS: Prices are based on per person, twin/double room or single room and are set at the discretion of Golf Getaway. In the event of currency fluctuations, increases in supplier costs or government taxes, Golf Getaway reserves the right to re-cost your package. Golf Getaway package pricing includes all items and services described in the itinerary for the relevant Challenge published at the time of registration (“Itinerary”). All other costs associated with the Challenge are payable by you in addition, including but not limited to local tipping, airfares, visas, airport taxes, port taxes, security charges, airport transfers (if not included), items of a personal nature, laundry, drinks (if not included) and consumables.

HEALTH & FITNESS: A good level of health and fitness is required to participate in the activities included in the Challenge. It is your responsibility to advise Golf Getaway of any pre-existing medical condition that may affect the normal conduct of the Challenge or the enjoyment of others. While Golf Getaway does not have the responsibility to customise a Challenge for any single person’s benefit, if you have a medical condition that may require further efforts to book services or modify activities, Golf Getaway will always assist however it can. Such modified activities may involve further costs payable by you.

RESPONSIBILITY: Golf Getaway acts only as a booking agent making reservations with the companies or associates offering the services contained in the Itinerary. Whilst acting in good faith, Golf Getaway does not accept any responsibility for default causing loss or injury to person or property whether by negligence or otherwise on the part of an operator, ground-tour manager or other third parties involved, or their representatives, employees, agents or contractors. Golf Getaway has made every endeavour to communicate effectively and ensure that all details are correct at the time of proposing the Challenge but does not accept responsibility for subsequent changes or withdrawal of prices, details or services shown.

AIRFARES & TAXES: Any airfares, taxes, visa or baggage costs required to attend a Challenge are your responsibility.

VISAS & PASSPORTS: All participants must have a passport that is valid for at least six months after their return date to their home country. Participants are solely responsible for meeting necessary passport and visa entry requirements and paying all associated costs. Golf Getaway is not responsible, nor accepts liability, for any participant refused entry due to carrying or presenting incorrect documentation to customs or border officials. Visas, including transit visas, are the participant’s own responsibility. Please check with the respective embassy or consulate of each country you are travelling to or through, as many destinations require visas for both citizens and non-citizens of that country.

SPECIAL DIETARY REQUESTS: Please note requests for special dietary requirements cannot be guaranteed at all hotels and restaurants, however best efforts are made to ensure suitable meals for all Challenge participants and guests.

PAYMENT: Payments are made via our Airwallex account and/or Stripe, as notified to you on the payment page upon registration. Any additional fees or charges that apply to your payment, including for domestic and international cards, will also be notified to you on the payment page upon registration.

CANCELLATION & REFUNDS: Cancellation requests must be provided in writing. If you or a member of your Team cancels or withdraws from a Challenge for any reason, all deposits and payments already made are non-refundable, regardless of how far in advance of the Challenge the cancellation is made. This also applies to any pre, post or optional packages added to your registration. Airlines and our suppliers may have their own additional cancellation fees or terms. There is no refund for unused services or if any portion of the Challenge is missed once travel has commenced, including due to illness or injury — this is a matter for your travel insurance (see Insurance below), not Golf Getaway. Where Golf Getaway cancels a Challenge for failing to reach the Minimum Teams, the Minimum Teams & Event Confirmation clause above applies instead.

DISPUTE RESOLUTION: You agree that should a disagreement or dispute arise between you and any third party, including another Challenge participant, Golf Getaway will have absolute discretion and authority to resolve the same and you will comply with those directions.

MOTORISED CARTS: To drive a motorised cart, you agree to possess a current driver’s licence, have previous experience driving a golf cart equal to a minimum of four rounds and comply with the rules of the applicable venue, course or establishment. In the event you cause, or partially cause, an incident resulting in personal or property damage, you are responsible for the costs to repair the cart and any property damaged, as well as being liable for any personal injury claims and you fully indemnify Golf Getaway for any liability, loss or damage you cause.

LIABILITY: Further to any liability you assume otherwise, including by venues, courses or establishments during a Challenge, you agree that you travel and participate at your own risk. Golf Getaway, its officers, directors, employees, contractors (including golf professionals, coaches and support staff, whether engaged directly by Golf Getaway or engaged by a venue, course, hotel or other supplier in connection with a Challenge), agents, representatives, volunteers, hosts and other suppliers of goods and services (together, the “Golf Getaway Parties”) accept no liability for any death, injury, property loss or damage incurred during or arising out of any aspect of the conduct of the Challenge, and you fully indemnify and hold harmless the Golf Getaway Parties from any and all damage, loss or claim made in relation to your act or omission, to the maximum extent permitted by law.

AUSTRALIAN CONSUMER LAW: Nothing in these Booking Terms is intended to exclude, restrict or modify any condition, warranty, guarantee, right or remedy conferred on you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. To the extent permitted by law, Golf Getaway’s liability for a failure to comply with any such non-excludable guarantee is limited, at Golf Getaway’s option, to the resupply of the relevant services or the cost of having the relevant services resupplied.

INSURANCE: It is a condition of your registration that you are adequately insured for your Challenge, whether that be insurance applicable to health, travel or otherwise. We recommend you take out adequate insurance at the time of registration to protect yourself from anything that may occur during a Challenge. You must have access to a copy of your certificate of insurance while travelling. Golf Getaway will provide assistance with any insurance claim you need to make to your insurer.

PRIVACY: Golf Getaway collects, uses, stores and discloses your personal information (and, where you register a Team, the personal information of your Team members and any guests you register) in accordance with our Privacy Policy, available at [www.golfgetaway.tv/privacy-policy]. This may include sharing your information with third parties involved in delivering the Challenge, such as hotels, golf courses, transport providers and payment processors, including Airwallex and Stripe. By registering, you consent to your personal information being collected, used and disclosed in this way, including where a Team member or guest’s information is provided to Golf Getaway by the Team Captain on their behalf.

PHOTOGRAPHY, VIDEO & PROMOTIONAL USE: By registering for a Challenge, you consent, on your own behalf and on behalf of each member of your Team and any accompanying guest you register, to Golf Getaway photographing and filming you during the Challenge and using, editing and publishing that photography and footage for the advertising, marketing and promotion of Golf Getaway and its events, including on social media, its website and future promotional materials. You acknowledge that neither you, your Team members nor your registered guests are entitled to inspect, approve or otherwise control the photography or footage prior to its use. This consent is given as a condition of registering for the Challenge. Golf Getaway does not use this photography or footage for television broadcast and no talent release or filming waiver is required for participation in the Challenge.

GOVERNING LAW: These Booking Terms and all disputes arising hereunder and/or relating hereto shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without reference to any principles of conflict of laws.

ARBITRATION: The parties agree that in relation to any dispute relating to these Booking Terms, an attempt must first be made to resolve it through final and binding arbitration conducted by an arbitrator in Sydney, NSW and administered by the Institute of Arbitration and Mediation of Australia (“IAMA”) in accordance with the then-existing commercial rules of IAMA. Judgment upon the matter and any award rendered will be final and binding.

NO WAIVER: No waiver of any right or remedy in respect of any occurrence or event on one occasion shall be deemed a waiver of such right or remedy in respect of such an occurrence or event on any other occasion.

INTEGRATION: These Booking Terms and any exhibits and schedules attached constitute the entire understanding of the parties with respect to their subject matter and supersede all prior agreements, proposals and representations, written or oral, between the parties relating to that subject matter.

HEADINGS: The paragraph headings appearing in these Booking Terms are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such paragraph or otherwise affect it.

SEVERABILITY: If any provision of these Booking Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions of these Booking Terms will continue in full force and effect.

INTERPRETATION: The following rules of interpretation apply unless the context requires otherwise: (i) the singular includes the plural and conversely; (ii) where a word or phrase is defined, its other grammatical forms have a corresponding meaning; (iii) a reference to a person includes a body corporate, an unincorporated body or other entity and conversely; and (iv) unless otherwise stated, all references herein to dollars or $ are to the currency in which your registration and payments are processed, as set out in the pricing and registration materials for the relevant Challenge.