Terms & Conditions

Membership Terms, Conditions and Policies

This membership agreement is entered into between the Member identified below on the signature page of this agreement and BWB Entertainment, LLC (hereinafter BWB). In consideration of the opportunity to use BWB’s Premises (“Premises” shall be defined as the BWB facility located at 949 N. 13th Street, Fort Calhoun, NE 68023, parking lot, common areas of the building for access purposes only, golf simulators and related equipment, and components), the Member agrees to the following terms and conditions of membership.

Access Policy/Hours of Operation. Booking a reservation is required. You may book your reservation via our website at thebunkerfc.com. You will be given a code to access the Premises. You understand that BWB will be busier at certain times than others on different days of the week. The Premises will generally be open for use 7 days per week and holidays 24 hours per day, but BWB reserves the right to close the Premises as necessary and in the discretion of BWB. The access code is only permitted to be used by the Member.

Pricing. BWB offers two different membership fee arrangements for access to the Premises:
1. Option 1 – Monthly Unlimited Plan: Members who sign up for the Monthly Unlimited Plan will be responsible for paying $125.00 per month. The Monthly Unlimited Plan provides unlimited access to the Premises on a monthly basis with a recurring monthly charge of $125.00. This fee shall be billed to your payment method on the first day of each month of your membership, in advance. This fee covers use of the Premises by the Member along with one guest pass. Additional guest passes may be purchased for an additional $25.00 per guest pass per tee time.
2. Option 2 – Annual Plan: Members who sign up for the Annual Plan will be responsible for paying $1,000.00 in one lump sum each year. The Annual Plan provides unlimited access to the Premises throughout the one-year period in which it is in effect. This fee covers use of the Premises by the Member along with one guest pass. Additional guest passes may be purchased for an additional $25.00 per guest per tee time.

Members. Members must be 21 years of age or older.

Payment. You are solely responsible for all Fees charged to your Payment Method by the issuer, bank or financial institution including, but not limited to, membership, overdraft, and insufficient funds fees. If you wish to terminate your membership, you must notify BWB no later than 7 days before the end of the applicable membership period. If you fail to so notify, your membership will be renewed under the same membership term that was previously agreed upon and you will not receive reimbursement for that following period but will be able to continue to access the Premises during that time.

Suspension/Termination of Membership. BWB may suspend or terminate your membership at any time for breach of this Agreement or for any other reason by giving you written notice of such suspension or termination, with or without cause. If BWB suspends or terminates your Membership, your access code will be suspended or erased, as appropriate, and you will remain liable for all unpaid Fees (including any recurring Fees and all other charges against your account). If your membership is terminated for cause, as solely determined by BWB, you will not receive a refund on any amounts paid pursuant to this Agreement. If your membership is terminated without cause, the Fees you have paid in advance for the remainder of the payment term will be prorated and BWB will refund the unused portion.
Changes to Policies, Premises: BWB may publish and amend policies and regulations regarding the Premises via email communication or modify the Membership Fee via email communication from time to time and for any reason; provided, however, that BWB will give prior notice via e-mail to you of any Fee changes. You agree that, unless you cancel your Membership prior to the effective date of the change, you will be charged the new Fee (plus applicable taxes) on each Payment Date after the effective date of such change, and you authorize BWB to charge the new Fee (plus applicable taxes) to your Payment Method. BWB reserves the right to suspend, modify or end your Membership without prior notice, in its sole discretion.
Guest Policy. You may invite guests to join you when visiting the Premises. Guests shall be subject to all the rules and policies YOU WILL BE RESPONSIBLE FOR, AND WILL INDEMNIFY AND DEFEND BWB AGAINST, ANY AND ALL CLAIMS BROUGHT BY A GUEST AGAINST BWB TO THE SAME EXTENT AS YOUR OBLIGATIONS TO BWB UNDER THIS AGREEMENT. GUESTS ARE SUBJECT TO THE POLICIES AND RULES SET FORTH IN THIS AGREEMENT AS WELL.
Waiver, Indemnity, Release. You understand that your use of the Premises will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and using the Premises (including the parking lot) and you assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property (“Risks”). Accordingly, you (“Releasing Party”) agree to the following:
1. I hereby release, indemnify, defend, and hold harmless BWB, its members, managers, employees, agents, and contractors (collectively, “Releasees”) from and against any claim, demand, loss, liability, injury, damages, attorneys’ fees and costs whatsoever (“Claims”), arising from, related to, or resulting from these Risks. I further acknowledge and assume all risks, both foreseeable and unforeseeable, associated with my occupying and use of the Premises.

I recognize the physical exertion involved in the use of the Premises and attest and certify that I am physically fit to participate safely.

As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation at BWB.

I will be personally liable for any and all damage to the Premises caused by my negligent, reckless, or intentional actions and the actions of my guest(s).

I hereby waive, to the fullest extent permitted by applicable law, any right to a trial by a jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or any injury sustained or caused by any person in connection with the Activities (whether based on contract, tort or any other theory). I further expressly acknowledge, on behalf of myself and the Releasing Parties, that this waiver is made for the express purpose of expediting resolution of any dispute relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities between the Releasing Parties and the Released Parties.

This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a claim on my behalf or on behalf of my estate.

You further agree that BWB, its affiliates, subsidiaries, members, managers, employees, and agents (“BWB Parties”) will not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you, your guests or your property (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or connected with the use of any of the services at the facility. You expressly release and discharge the BWB Parties from all such Claims except to the extent any Claims result directly from any negligence on the part of one or more of the BWB Parties. You further agree to defend, indemnify and hold harmless the BWB Parties from and against any and all such Claims, attorneys’ fees and costs, and costs of collection incurred by the BWB Parties in connection with the Claims as well as any damages incurred by the BWB Parties for breach of this Agreement.

Safety and Conduct Policy. By participating at the BWB facility, you agree to abide by the following safety and conduct rules, as well as other rules posted at the Premises or communicate to you via email from BWB:
1. Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.
2. Members and guests must hit from the mat. No running starts or other movement that would move your feet from the mat during your swing are allowed.
3. Only the player taking a turn is allowed near or on the mat. All other guests must stand behind the turf and on the carpet at all times until their turn to hit. Members and guests are responsible for the safety of others around them and should always check their surroundings before swinging a club.
4. Please wear appropriate shoes; tennis shoes and spike-less golf shoes are permitted.
5. Use clean clubs and golf balls free of debris, markings, abrasions etc.
6. Golf swings to be made in the hitting bay only.
7. You are under video surveillance; any damages to the BWB Premises or equipment must be reported immediately and repair fees may be charged to your member account.
8. No pets allowed.
9. No smoking.
10. No use of facilities while intoxicated, including under the influence of any drug, whether legal (prescribed or over-the-counter), or illegal. Any use of illegal drugs on the Premises is grounds for immediate revocation of membership and no prorated portion of the Fee will be refunded.
11. In emergencies, call 911 and notify BWB immediately.
12. At least one member must accompany any guest(s) during Premises access and use.
13. Any minor(s) must be accompanied by a member 21 or older who will physically remain on site to supervise the minor for the duration of the minor’s stay.
14. Aim for the targets at all times. Members are responsible for damages or injuries caused by any balls hit outside of the hitting bay.
15. Throwing golf balls is prohibited.
16. Only dispense and hit one golf ball at a time.

Violation Of Posted Rules and Regulations. All members and guests are subject to compliance with any rules and regulations of BWB that may be posted from time to time on the Premises or via email from BWB. In the event that you fail to comply with said rules and regulations, BWB may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. BWB reserves the right to amend or alter these rules and regulations at any time in its sole discretion. All amendments to these rules and regulations shall be effective immediately.
Injuries. You will immediately report any accident or injury suffered on the BWB Premises.
Dress Code/Personal Conduct. Appropriate clothing and footwear is required within the Premises at all times. Bare feet are not acceptable anywhere in the Premises. Inappropriate, foul and/or lewd language or behavior is not acceptable and may result in suspension or cancellation of your membership. You and your guests agree to conduct yourselves in a well-mannered fashion when in or about the Premises and shall not cause any disturbances or interfere with the safe use or enjoyment of BWB by other members or their guests.

Damage To Facilities. You agree to pay for damage to BWB Premises and third-party property outside of BWB caused by your and/or your guests’ careless use of equipment or other intentional or negligent acts.
Temporary Closure. BWB may temporarily close the facility in its sole discretion for repairs or cleaning.
Limitation Of Liability. In no event shall BWB be liable to you for indirect, special or consequential damages of any nature whatsoever. BWB’s liability hereunder shall be capped at the amounts paid by Member hereunder.
Miscellaneous:
1. No Waiver. No waiver of any provision in this Agreement by either party shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.
2. Assignment. BWB may assign this Agreement and, provided that the assignee agrees to assume the obligations of BWB in this Agreement, BWB will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your membership to another person.

Governing Law. This Agreement is governed by the laws of the State of Nebraska.

Invalid Provisions. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.

Entire Agreement & Definition. This document incorporates the entire Agreement between Members and BWB. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between the parties hereto except as specified in this Agreement.

I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS, AND POLICIES OF THIS MEMBERSHIP SUBSCRIPTION AGREEMENT AND ANY EMAIL AMENDMENTS OR CHANGES WHICH WILL BE AUTOMATICALLY INCLUDED HEREIN. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, LIMITATION OF LIABILITY, WAIVER, DEFENSE, INDEMNITY AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN IN THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH BWB. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS SUSPENDED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF SUSPENSION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED.