Last Updated: August 7, 2025
IMPORTANT: By accessing and using the services, website, or facilities of Scratch Lab ("Scratch Lab," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). This is a legally binding contract. If you do not agree to these Terms, you may not use our services or access our facilities. Please read this document carefully and in its entirety before proceeding with any transaction or use of our premises, as it contains a mandatory arbitration clause and a class-action waiver that affects your legal rights.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you, the individual user, and Scratch Lab, and they supersede all prior communications, representations, and agreements, whether electronic, oral, or written. These Terms govern your use of all Scratch Lab services, including but not limited to, online and in-person simulator bookings, golf lessons, golf performance training, memberships, purchasable merchandise, and any beverages or other products sold on-site. Your access to and continued use of our website, utilization of our online booking systems, and/or your physical presence on our premises, whether as a paying customer or an invited guest, constitutes your express, irrevocable, and unconditional acceptance of these Terms. Scratch Lab reserves the absolute and sole right to amend, modify, or update these Terms at any time without prior notification. It is your exclusive and non-delegable responsibility to review these Terms periodically for any and all changes. Your continued engagement with our services after the posting of any modifications signifies your unconditional acceptance of the revised Terms.
2. Use of Services and Facility Rules
a. Eligibility, Supervision, and Age Representation: To book services online, to execute a membership agreement, or to make any purchases on your own behalf, you must be at least 18 years of age. Minors are permitted to use the Scratch Lab facility and services only when they are accompanied and under the direct, constant, and active supervision of a legal guardian who is also a party to these Terms. By entering our facilities, you represent and warrant that you are of legal age to enter into this contract or that you are the responsible legal guardian of any minor in your party. You further agree and acknowledge that any misrepresentation of your or a minor's age is a direct and material violation of these Terms and that Scratch Lab is not and shall not be liable for any damages, injuries, or losses arising from such misrepresentation. The legal guardian, by bringing the minor to the facility, assumes full and complete responsibility for the minor's conduct, safety, and any and all liabilities, including but not limited to financial liability for any damage the minor may cause to Scratch Lab's property or to third parties. This provision is material to the agreement and any breach may result in immediate expulsion from the facility and forfeiture of any and all fees paid. You agree that usage of the facilities are limited to two hours per day and are restricted to you and one guest.
b. Assumption of Risk and Physical Condition: You acknowledge and understand that participation in golf, use of golf simulators, engaging in performance training, and taking lessons are all inherently physical activities that carry a significant risk of serious injury, property damage, or even death. These risks include, but are not limited to: slips, trips, and falls on our premises; impacts from errant or projectile golf balls, clubs, or other equipment; collisions with walls, other patrons, or facility furnishings; muscle strains, sprains, or tears; fractures; and other injuries resulting from improper technique, poor judgment, or equipment failure. By using our facilities and services, you voluntarily and knowingly assume all such risks, both known and unknown, and waive any claims against Scratch Lab related to them. This waiver and assumption of risk does not, however, apply to claims based on our gross negligence, willful injury to you or your property, or fraud, as provided by California Civil Code §1668. You represent that you are in adequate physical condition to participate in these activities and are not aware of any medical conditions, injuries, or physical limitations that would make your participation inadvisable or unsafe.
c. Code of Conduct and Property Damage: You and your guests agree to adhere strictly to all Scratch Lab rules and regulations, including maintaining a safe, respectful, and appropriate environment for all patrons and staff. This includes, but is not limited to: following all instructions from Scratch Lab staff; using equipment and simulators only as intended; refraining from any behavior that may be disruptive or dangerous, such as horseplay, running, or swinging a club outside of a designated bay; and using profane or offensive language. You will be held financially responsible for any and all damage that you or your guests cause to Scratch Lab's property, including but not limited to simulators, screens, projectors, clubs, furnishings, and other equipment. Scratch Lab reserves the right to immediately remove any individual from the premises for any violation of this code of conduct, without refund or recourse.
d. Alcoholic Beverages, Outside Food and Drink: Alcoholic beverages may be purchased on-site and consumed responsibly by individuals who present a valid government-issued ID proving they are of legal drinking age. We maintain a zero-tolerance policy for outside alcoholic beverages. Scratch Lab staff reserves the right to refuse service to any individual at our sole discretion, particularly to those who appear intoxicated or are behaving in an unsafe or disruptive manner. We also reserve the right to remove any individual from the premises who becomes disruptive due to alcohol consumption. A limited amount of outside food and non-alcoholic beverages may be permitted at staff's discretion.
e. Access Code Confidentiality and Revenue Forfeiture: In-house and partner coaches acknowledge that any access code provided by Scratch Lab (“Access Code”) is personal, confidential, and intended solely for Coaches’ individual use. Coaches shall not share, disclose, transfer, or otherwise make the Access Code available to any third party. In the event that Scratch Lab determines, in its sole discretion, that Coach has shared or permitted unauthorized use of the Access Code, Coach employment or partnership will be terminated and shall immediately forfeit to Scratch Lab any and all revenues, compensation, or other amounts generated, directly or indirectly, through such unauthorized use, and Scratch Lab shall have the unrestricted right to recover and retain such amounts.
3. Bookings, Cancellations, and Refunds
a. Online Bookings and Payment: All bookings for services, including simulators, lessons, and training, must be made through our official website. A valid credit card or other approved payment method is required to secure all reservations. You are responsible for ensuring the accuracy of all information provided during the booking process. By providing your payment information, you authorize Scratch Lab to charge for the booked services, as well as any applicable cancellation or no-show fees as described in these Terms. All bookings are subject to availability and confirmation.
b. Strict Cancellation and No-Show Policy: You may cancel a booking up to 24 hours in advance of the scheduled time to receive a full refund to your original payment method. Cancellations made within the 24-hour window will be charged the full amount of the booking. This policy is necessary because a late cancellation or no-show prevents Scratch Lab from re-booking the slot and results in lost revenue. If you fail to show up for a booking without any prior cancellation, you will be charged the full amount as a no-show fee. This policy is strictly enforced and no exceptions will be made.
c. Scratch Lab's Right to Cancel: Scratch Lab reserves the unconditional right to cancel any booking for any reason, including but not limited to: equipment malfunction, unforeseen facility closures, natural disasters, power outages, safety concerns, or staffing issues. In the event of a cancellation by Scratch Lab, you will be offered a full refund to your original payment method or a credit for a future booking at your discretion. This refund or credit is the sole and exclusive remedy available to you for any such cancellation, and Scratch Lab is not liable for any other costs or damages you may incur as a result of the cancellation.
4. Memberships
a. Membership Agreement and Fees: All memberships are subject to a separate, detailed written agreement that outlines the specific terms, benefits, fees, and cancellation policies. This Membership Agreement is an extension of these Terms of Service. In the event of a conflict between these Terms and your Membership Agreement, the Membership Agreement shall prevail. All membership fees, including initiation fees and monthly dues, are non-refundable, non-transferable, and you are responsible for timely payment regardless of your usage of the facility.
b. Membership Termination: Scratch Lab reserves the right to immediately terminate your membership and revoke your access to our facilities for any reason, including but not limited to: a violation of these Terms, failure to make timely payments, fraudulent activity, unsafe conduct, or any action deemed detrimental to the safety and well-being of other patrons or staff. In the event of a termination due to your violation of these Terms, no refunds for any prepaid membership fees will be provided.
5. Limitation of Liability and Indemnification
a. Waiver of Claims: To the maximum extent permitted by law, you hereby knowingly and voluntarily waive, release, and discharge any and all claims, demands, damages, and causes of action against Scratch Lab, its owners, employees, contractors, agents, and affiliates, for any and all injuries, damages, or losses, whether foreseeable or not, arising from or related to your use of our services or facilities. This waiver and limitation of liability is intended to be as broad and inclusive as is permitted by California law, and it does not apply to claims for gross negligence, willful injury to you or your property, or fraud as provided by California Civil Code §1668.
b. Limitation of Liability: In no event shall Scratch Lab, its owners, employees, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, property damage, lost profits, or lost opportunities, arising from or in any way related to your use of our services or facilities. This limitation applies to all damages, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Scratch Lab was advised of the possibility of such damage. Our total aggregate liability to you for any and all claims shall not exceed the amount you paid to us in the one (1) month preceding the event giving rise to the claim.
c. Indemnification: You agree to indemnify, defend, and hold harmless Scratch Lab, its owners, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising from or related to your violation of these Terms, your unsafe conduct, or the actions of your guests while on our premises. This indemnification obligation will survive the termination of your use of our services.
6. Intellectual Property
All content on our website and in our facilities, including but not limited to text, graphics, logos, images, software, trade dress, branding, and the compilation thereof, is the exclusive property of Scratch Lab and is protected by intellectual property laws, including copyright and trademark law. You are expressly prohibited from using, reproducing, modifying, distributing, or displaying any of this content for any commercial purpose without our express written permission. You may not use the Scratch Lab name, logo, or any related trademarks without our prior written consent.
7. Dispute Resolution and Governing Law
a. Mandatory Arbitration and Waiver of Jury Trial: Any and all disputes, claims, or controversies arising out of or relating to these Terms or your use of our services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the county where Scratch Lab's principal place of business is located in California. By agreeing to these Terms, you and Scratch Lab are each waiving the right to a trial by jury or to participate in a class-action lawsuit. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
b. No Class Actions: You agree that any arbitration or legal proceeding shall be conducted solely on an individual basis. You explicitly waive any right to participate in any class-action lawsuit or class-wide arbitration against Scratch Lab. This waiver is a material provision of these Terms.
c. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the county where Scratch Lab's principal place of business is located for any and all disputes that are not subject to arbitration.
8. General Provisions
If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. These Terms, along with any separate Membership Agreement, constitute the entire agreement between you and Scratch Lab and supersede all prior agreements and understandings, whether electronic, oral, or written. The failure of Scratch Lab to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. The headings in these Terms are for convenience only and have no legal or contractual effect. You may not assign your rights or obligations under these Terms without our prior written consent.
