Terms and Conditions

Updated: June 29, 2026

FIVE IRON GOLF - GIFT CARDS & PRODUCTS TERMS & CONDITIONS

5i GIFT CARDS

5i Gift Cards cannot be used towards membership payment, private events, or as account credit, have no fees and no expiration dates except as permitted by law, and are not refundable or redeemable for cash except as required by law. Same-day use of purchased 5i Gift Cards is prohibited. Pricing may not be combined with other offers or discounts and any "Bonus Bucks" (promotional credits that have no cash value and may be subject to separate promotional expiration terms) obtained in connection with special offer gift cards may not be applied to discounted or promotional items.

CTF GIFT CARDS

Callaway Tour Fitting ("CTF") Gift Cards cannot be used towards membership payment, private evetns, or as account credit, have no fees and no expiration dates except as permitted by law, and are not refundable or redeemable for cash except as required by law. Same-day use of purchased gift cards is prohibited. CTF Gift Cards may be redeemed exclusively for clubs ordered through Callaway Tour Fitting by Five Iron Golf and for service fees associated with such purchases. CTF Gift Cards cannot be redeemed through the Callaway Golf online store or used for any other Five Iron Golf services. Any "Free Fitting Value" or other promotional benefits obtained in connection with special offer gift cards may not be applied to discounted or promotional items.

GOLF PRODUCTS

Limit one (1) Swing Evaluation and/or Intro to Golf Lesson per Mindbody account. Pricing may not be combined with other offers or discounts, and any "Bonus Bucks" (promotional credits that have no cash value and may be subject to separate promotional expiration terms) obtained in connection with special offer gift cards may not be applied to discounted or promotional items.

LESSON PACKAGES

Pricing may vary by location. Discounted lesson package pricing is applicable only for Senior Golf Coach level instruction and below. Lesson packages are non-refundable. Only one (1) lesson package may be applied per Mindbody account.

FIVE IRON GOLF CANADIAN RESIDENT OFFER - TERMS & CONDITIONS

Offer valid for residents of Canada. To redeem, present a valid Canadian government-issued ID (e.g., provincial driver’s license, provincial ID card, or Canadian passport) at check-in. Discount provides 10% off bay reservations at participating Five Iron Golf U.S. locations. Not valid on food, beverages, merchandise, events, or other services. One discount per person per visit. Not combinable with other offers, promotions, or discounts. No cash value. Offer valid 6/26/26 through 12/31/26. Five Iron Golf reserves the right to modify or cancel this offer at any time. Void where prohibited by law. Participating locations only.

FIVE IRON GOLF - MEMBERSHIP TERMS & CONDITIONS

GENERAL MEMBERSHIP TERMS (APPLICABLE TO ALL MEMBERSHIPS)

Billing occurs on the day of the original contract purchase. By purchasing any membership, you consent to your credit card or other payment method being charged on an automatic, recurring basis in the amount of the applicable membership fee. All simulator rentals/lessons/services must be booked in advance and are subject to availability. All members must sign a liability waiver before participating. If any part of this membership agreement is deemed by a court to be unenforceable, that part will be severed from the agreement and the remainder of the agreement will continue in full force and effect. You and Five Iron Golf agree that you may bring or participate in claims against Five Iron Golf only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Notwithstanding any other clause contained herein, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Terms and conditions of the membership agreement are subject to change at any time.

STANDARD MEMBERSHIP ADDITIONAL TERMS

Your credit card or other payment method will be charged automatically every month unless you cancel. You may cancel the Standard Membership at anytime.

See Full Membership Terms & Conditions

FIVE IRON GOLF - MOBILE MESSAGING TERMS & CONDITIONS

PROMOTIONAL MOBILE MESSAGING (5i GOLF PROGRAM)

The Range NYC LLC dba Five Iron Golf ("Five Iron Golf", "we", or "us") operates a promotional mobile messaging program (the "5i Golf Program") subject to these Mobile Messaging Terms and Conditions (the "Mobile Messaging Terms").

The 5i Golf Program and our collection and use of your personal information is also subject to our Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the 5i Golf Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy.

1. 5i Golf Program Description

We may send promotional mobile messages in various formats as part of the 5i Golf Program. Promotional messages advertise and promote our products and services and may include promotions, special deals, and other marketing offers (e.g., abandoned cart reminders). Mobile messages may be sent using an automated system, or automatic telephone dialing system. Message frequency may vary. Message and data rates may apply. We do not charge for mobile messages sent through the 5i Golf Program, but you are responsible for any message and data rates imposed by your mobile provider. If you have any questions about your text plan or data plan, please contact your wireless provider.

2. User Opt-In

You may opt-in to receive the 5i Golf Program promotional messages by filling out a form, entering your mobile number, and clicking submit on our website. By opting in to receive the 5i Golf Program promotional messages, you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal "Do Not Call" list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. By opting in, you are confirming that you are over the age of 13. Your participation in the 5i Golf Program is not required to make any purchase from us; your participation in the 5i Golf Program is completely voluntary.

3. User Opt-Out & Support

You may opt-out of receiving 5i Golf Program promotional messages at any time by texting STOP, QUIT, or CANCEL to any promotional mobile messages from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out of the 5i Golf Program.
For additional information or assistance, reply HELP to a 5i Golf Program text, contact [email protected] or call Customer Support at 1-800-513-5153.
Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the 5i Golf Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Warranty & Liability

The 5i Golf Program is offered on an "as-is" basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the 5i Golf Program.

5. Modifications

We may modify or cancel the 5i Golf Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the 5i Golf Program will constitute your acceptance of those modifications.

6. Supported Carriers are:

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer Plateau, Revol Wireless, RINA, SI Wireless / Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont / Sagebrush. Carriers are not liable for delayed or undelivered messages.

7. Arbitration & Class Action Waiver Agreement

Arbitration

By using or purchasing Five Iron Golf products or services (including the 5i Golf Program), you agree that any controversy, claim, action, or dispute between you and Five Iron Golf arising out of or relating to: (a) these Mobile Messaging Terms, or the breach thereof; or (b) your access to or use of Five Iron Golf website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a "Claim"), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator's award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party's attorneys' fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures

Claims shall be heard by a single arbitrator. Arbitrations shall be held in New York County, New York, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act ("FAA") and by the internal laws of the state of New York, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion From Arbitration

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt out of these arbitration procedures within thirty (30) days from the date that you first use or purchase any of Five Iron Golf's products or services (the "Opt-Out Deadline"). You may opt-out by mailing a written notification to 883 Avenue of the Americas, Floor 3, New York, NY 10001. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Five Iron Golf. You are responsible for ensuring Five Iron Golf's receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver

You and Five Iron Golf agree that you may bring or participate in Claims against Five Iron Golf only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Five Iron Golf agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained herein, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

8. Florida Law

To the extent the law is relevant and applicable to the 5i Golf Program, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the 5i Golf Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-in to the 5i Golf Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Florida Statutes Section 501 (including but not limited to Sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

9. Washington Law

To the extent the law is relevant and applicable to the 5i Golf Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to Sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the 5i Golf Program, the area code for the phone number used to opt-in to the 5i Golf Program is a Washington area code.

10. Oklahoma Law

To the extent the law is relevant and applicable to the 5i Golf Program, we endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the 5i Golf Program, the area code for the phone number used to opt-in to the 5i Golf Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Oklahoma Statutes Title 15 (including but not limited to Sections 775C.1, 775C.2, 775C.3, 775C.4, and 775C.5), to the extent the law is otherwise relevant and applicable.

TRANSACTIONAL MOBILE MESSAGING

The Range NYC LLC dba Five Iron Golf ("Five Iron Golf", "we", or "us") sends transactional mobile messages ("5i Transactional Messaging") subject to these Mobile Messaging Terms & Conditions (the "Mobile Messaging Terms").

5i Transactional Messaging and our collection and use of your personal information is also subject to our Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in 5i Transactional Messaging, you accept and agree to these Mobile Messaging Terms and our Privacy Policy.

1. 5i Transactional Messaging Description

We may send transactional mobile messages in various formats. Transactional messages relate to an existing or ongoing transaction and may include account management messages, schedule changes, booking confirmations and reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency may vary. Message and data rates apply. We do not charge for messages relating to 5i Transactional Messaging, but you are responsible for any message and data rates imposed by your mobile provider. If you have any questions about your text plan or data plan, please contact your wireless provider.

2. User Opt-In

You opt-in to receive messages from 5i Transactional Messaging by providing your mobile phone number to us in connection with a booking or other transaction. By opting in to receive messages from 5i Transactional Messaging, you agree to receive mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal "Do Not Call" list. By opting in, you are confirming that you are over the age of 13. Your participation in 5i Transactional Messaging is not required to make any purchase from us; your participation in 5i Transactional Messaging is completely voluntary.

3. User Opt-Out & Support

To unsubscribe from 5i Transactional Messaging, including Account Management, Booking Confirmations, and Reminders and Schedule Changes, update your preferences here: Five Iron Golf Form.
For additional information or assistance, reply HELP to a 5i Transactional Messaging text, contact [email protected] or call Customer Support at (315) 613-4653.
Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the 5i Transactional Messaging and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Warranty & Liability

The 5i Transactional Messaging is offered on an "as-is" basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the 5i Transactional Messaging.

5. Modifications

We may modify or cancel the 5i Transactional Messaging or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the 5i Transactional Messaging will constitute your acceptance of those modifications.

6. Supported Carriers are:

7. Arbitration & Class Action Waiver Agreement

Arbitration

By using or purchasing Five Iron Golf products or services (including the 5i Transactional Messaging), you agree that any controversy, claim, action, or dispute between you and Five Iron Golf arising out of or relating to: (a) these Mobile Messaging Terms, or the breach thereof; or (b) your access to or use of Five Iron Golf website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a "Claim"), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator's award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party's attorneys' fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures

Exclusion From Arbitration

Class Action Waiver

8. Florida Law

To the extent the law is relevant and applicable to the 5i Transactional Messaging, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the 5i Transactional Messaging, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-in to the 5i Transactional Messaging is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Florida Statutes Section 501 (including but not limited to Sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

9. Washington Law

To the extent the law is relevant and applicable to the 5i Transactional Messaging, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to Sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the 5i Transactional Messaging, the area code for the phone number used to opt-in to the 5i Transactional Messaging is a Washington area code.

10. Oklahoma Law

To the extent the law is relevant and applicable to the 5i Transactional Messaging, we endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the 5i Transactional Messaging, the area code for the phone number used to opt-in to the 5i Transactional Messaging is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Oklahoma Statutes Title 15 (including but not limited to Sections 775C.1, 775C.2, 775C.3, 775C.4, and 775C.5), to the extent the law is otherwise relevant and applicable.

FIVE IRON GOLF APP - TERMS & CONDITIONS

Effective Date: May 4th, 2025

These Terms & Conditions ("Terms") govern your access to and use of the Five Iron App ("App"), a platform operated by Five Iron App LLC ("Company", "we", or "us"). The App facilitates participation in skill-based virtual golf competitions with entry fees and prize pools ("Tournaments"). By creating an account or entering a Tournament, you agree to be bound by these Terms and our separate Tournament Rules, which may change from time to time without notice.

1. Eligibility

You must be at least 18 years of age and physically located in a jurisdiction where participation in skill-based contests for cash prizes is legal.
You may not enter into or participate in a Tournament if you are located in a Prohibited Jurisdiction, including but not limited to: CT, DE, NV, PA, WA.
You are solely responsible for compliance with local laws. Participation is void where prohibited.

2. Nature of Competitions

All Tournaments on the App are games of skill involving virtual golf play through authorized simulations.
Tournament formats may include:
- Gross Scoring: Based on total strokes.
- Net Scoring: Uses player handicaps to calculate adjusted scores. For example, a 10 handicap may win over a 0 handicap with more strokes, based on a fair play adjustment.

3. Entry Fees & Prize Structures

Entry into a Tournament requires payment of an Entry Fee, which is split into:
- A Registration Fee retained by Five Iron App LLC to cover operational costs.
- A Prize Pool Contribution distributed to winners based on tournament outcomes.
Prize payouts follow a tiered payout structure similar to poker tournaments, awarding top-ranked players a percentage of the Prize Pool. Specific payout structures are disclosed in the tournament lobby.
Entry Fees are non-refundable once a Tournament begins.

4. Tournament Rules

Each Tournament is governed by a separate set of Tournament Rules that cover scoring, tie-breakers, handicaps, disqualification criteria, and gameplay mechanics.
The Tournament Rules are incorporated by reference into these Terms.
The Company reserves the right to update Tournament Rules at any time, without prior notice. Your continued participation constitutes acceptance of those changes.

5. Handicaps & Fair Play

For Net Tournaments, players must submit valid handicap data, which may be verified through gameplay history or third-party services.
The Company reserves the right to:
- Adjust handicaps based on performance history.
- Investigate suspected manipulation.
- Suspend or disqualify players engaging in conduct that undermines fair competition.

6. Payouts & Taxes

Prize money is deposited to users' in-app wallets and may be withdrawn via approved payment methods, subject to identity, eligibility, and location verification.
Deductions
- Tournament Entry Fee
- Wallet Load Fee
- Wallet Unload Fee
Players are responsible for reporting adn paying all applicable taxes on winnings.
The Company may issue tax forms (e.g., 1099-MISC) to players as required by law.

7. Dispute Resolution & Match Integrity

All Tournament outcomes are determined by Five Iron App LLC in its sole discretion based on simulator data and App performance records.
Disputes must be reported within 24 hours of Tournament completion via the App's help system.
For legal claims, you agree to binding arbitration under the rules of the American Arbitration Association, and waive your right to a jury trial or class action. Arbitration will be conducted in New York.

8. Compliance With Laws

By using the App to enter Tournaments, you represent that:
- You are legally allowed to participate in skill-based competitions in your jurisdiction.
- You will not use VPNs or falsify your location or age.
- You are not on any list of restricted or prohibited persons under U.S. or international law.
The App uses geolocation tools to enforce eligibility and will restrict access in prohibited jurisdictions.

9. Platform Integrity

You agree not to:
- Interfere with or manipulate simulator software or App functionality.
- Use bots, scripts, or any automated systems.
- Create multiple accounts for the purpose of gaining advantage.

Violations may result in account suspension, disqualification, forfeiture of winnings, and legal action.

10. Limitation of Liability

The App and all tournaments are provided "as-is," without warranties of any kind.
In no event shall Five Iron App LLC be liable for any indirect, or consequential damages, even if advised of the possibility.

11. Modifications

We may update these Terms at any time. Changes will be posted on the App or website and take effect immediately.
Continued use of the App after changes constitutes your acceptance.

12. Contact Information

Questions? Reach out to:

Five Iron App LLC 883 AVENUE OF THE AMERICAS FL 3. NEW YORK, NY 10001

[email protected]

FIVE IRON GOLF COMPETITION APP - TERMS & CONDITIONS

1. ACCEPTANCE OF TERMS

1.1 These Terms and Conditions (these “Terms”) constitute a legally binding agreement between you (“you” or “Player”) and Five Iron App LLC, an affiliate of The Range NYC LLC d/b/a Five Iron Golf (“Five Iron,” “we,” “us,” or “our”), governing your participation in skill-based competitions through the Five Iron Golf competition application (the “App”).

1.2 By entering, registering for, accessing Competition features, or participating in any Competition through the App, or by clicking “I Agree” (or a similar acceptance mechanism), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease participating in Competitions.

1.3 These Terms expressly incorporate by reference the Lucra Terms of Service, which apply to your use of the Lucra Wallet, payment processing, identity verification, deposits, withdrawals, and related Lucra services:

Lucra Terms of Service, available at https://lucrasports.com/pages/terms-of-service.html.

1.4 In the event of a conflict between these Terms and the incorporated Lucra Terms of Service, these Terms and the applicable Tournament Rules shall control with respect to Competition format, scoring, eligibility, tiebreakers, disqualification, payout holds, and dispute administration for Competitions offered through the App.

1.5 Your continued participation in Competitions following any updates or modifications to these Terms constitutes your ongoing acceptance of the revised Terms as set forth in Section 15.

2. DEFINITIONS

As used in these Terms, the following capitalized terms have the meanings set forth below:

“App” means the Five Iron Golf competition application, including all associated software, interfaces, and updates, through which Players access and participate in Competitions.

“Competition” means any skill-based golf contest, tournament, or challenge offered through the App.

“Entry Fee” means the amount a Player pays to enter a Competition.

“Five Iron” means Five Iron App LLC, The Range NYC LLC d/b/a Five Iron Golf, and their respective affiliates, officers, directors, employees, and agents.

“Lucra Platform” means the third-party platform operated by Lucra Sports, Inc. that provides wallet, payment processing, and contest infrastructure services integrated into the App.

“Lucra Terms” means the Lucra Terms of Service, available at https://lucrasports.com/pages/terms-of-service.html.

“Lucra Wallet” or “Wallet” means the digital wallet provided through the Lucra Platform for depositing funds, paying Entry Fees, and receiving Prize payouts.

“Player” or “you” means any individual who creates an account on the App and participates, or seeks to participate, in Competitions.

“Prize” means any cash or other award distributed to Players based on Competition results.

“Terms” means these Terms and Conditions, as amended from time to time.

“Tournament” means a Competition consisting of multiple rounds or stages governed by specific posted rules.

3. ELIGIBILITY

To access or use the App and participate in any Competition, you must satisfy each of the following eligibility requirements at all times:

(a) You must be at least twenty-one (21) years of age, regardless of the jurisdiction in which you reside or from which you access the App.

(b) You must be a natural person and a legal resident of the United States, physically located in a jurisdiction where participation in skill-based contests for prizes is permitted under applicable law.

(c) You must not be an employee, officer, director, agent, or contractor of Five Iron, Lucra, or any of their respective parent companies, subsidiaries, or affiliates, nor a member of the immediate household of any such individual.

(d) You must satisfy all applicable federal, state, and local legal requirements for participation in skill-based contests, including any registration, licensing, or identity verification obligations.

(e) You must not appear on any government-maintained list of prohibited, restricted, or sanctioned persons.

(f) You must maintain a valid, verified Account and Lucra Wallet in good standing as described in Section 6, with no active suspension, ban, unresolved chargeback, payment dispute, fraud flag, integrity review, self-exclusion, or other restriction that Five Iron determines makes you ineligible to participate.

(g) Five Iron reserves the right to verify your eligibility at any time and to request documentation, including government-issued identification, proof of age, and proof of residency. Failure to provide requested documentation within the timeframe specified by Five Iron may result in account suspension, disqualification from Competitions, and forfeiture of any pending Prizes. Any misrepresentation of eligibility constitutes a material breach of these Terms.

(h) Participation in Competitions is prohibited where Five Iron determines, in its sole discretion, that paid-entry skill-based contests are not permitted, present elevated legal or operational risk, or are otherwise unavailable. Without limiting the foregoing, you may not enter or participate in any Competition unless Five Iron expressly makes Competitions available in such jurisdiction. Five Iron may update the list of prohibited, restricted, or approved jurisdictions at any time by posting updates in the App or otherwise making them available through the App.

4. GEOLOCATION AND JURISDICTION CONTROLS

4.1 Geolocation Requirement. The App uses geolocation technology to verify each Player’s physical location at the time of entry into, and participation in, any Competition. By using the App, you consent to the collection and use of your precise location data for this purpose.

4.2 Location Services. You must enable location services on your mobile device and grant the App permission to access your location. If location services are disabled or the App is unable to verify your location, you will be unable to enter or participate in any Competition.

4.3 Jurisdictional Restrictions. Competitions are available only in jurisdictions where Five Iron determines, in its sole discretion, that skill-based contests are permitted and operationally available. The App may restrict access to Competitions based on your verified physical location, account information, residency, venue, or other eligibility criteria. Five Iron reserves the right to add, remove, or restrict jurisdictions, locations, or Competition formats at any time without prior notice.

4.4 Prohibition on Circumvention. Any attempt to circumvent, manipulate, or interfere with the App’s geolocation controls, including through the use of VPNs, GPS spoofing tools, proxy servers, or any other location-masking technology, is strictly prohibited. Violation of this provision constitutes grounds for immediate disqualification from any active Competition, forfeiture of Entry Fees and Prizes, and suspension or termination of your account.

4.5 Accuracy of Location Data. Five Iron does not guarantee the accuracy of geolocation technology and shall not be liable for errors in location verification. You are solely responsible for ensuring that you are physically located in an eligible jurisdiction before entering any Competition.

5. SKILL-BASED CONTEST CHARACTERIZATION

5.1 All Competitions offered through the App are skill-based contests. The outcome of each Competition is determined by the relative golf skill and performance of the participating Players as measured by simulator technology. Competitions are not games of chance, lotteries, or gambling.

5.2 Each Player’s result in a Competition depends on objective factors within the Player’s control, including but not limited to: shot accuracy, club selection, course management, and consistency of play. No element of chance, random number generation, or luck-based mechanic determines or materially influences Competition outcomes.

5.3 By entering any Competition, each Player acknowledges and agrees that (a) the Competition constitutes a bona fide contest of skill under applicable law, (b) the Player’s own skill and effort are the predominant factors in determining results, and (c) Five Iron has structured each Competition format to reward superior golf performance.

5.4 Nothing in these Terms shall be construed as an offer to participate in any form of wagering or gambling. If any jurisdiction reclassifies or otherwise determines that a Competition format does not qualify as a permissible skill-based contest, Five Iron reserves the right to restrict or discontinue that format in the affected jurisdiction without prior notice.

6. ACCOUNT REGISTRATION AND LUCRA WALLET

6.1 Account Creation. To participate in any Competition, you must create an account through the App and provide accurate, complete, and current registration information. You represent that all information submitted during registration is truthful and that you will promptly update any changes.

6.2 Identity Verification. Five Iron and its third-party partners, including Lucra, may require identity verification before you may enter Competitions, deposit funds, or withdraw winnings. You agree to cooperate with all verification requests and acknowledge that failure to verify your identity may result in account restrictions or closure.

6.3 Lucra Wallet. The App integrates the Lucra Wallet for processing Entry Fees, deposits, and Prize withdrawals. Your use of the Lucra Wallet is governed by the Lucra Terms of Service (https://lucrasports.com/pages/terms-of-service.html), which are incorporated herein by reference solely with respect to the Lucra Wallet, payment processing, identity verification, deposits, withdrawals, and related Lucra services. You are responsible for reviewing and complying with those terms.

6.4 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify Five Iron immediately at [email protected] upon discovering any unauthorized use of your account.

6.5 Single Account Requirement. Each Player may maintain only one account. Creating, controlling, or using multiple accounts, or sharing account access with any other person, is prohibited and constitutes grounds for immediate disqualification, forfeiture of funds, and account termination.

7. ENTRY FEES, PRIZES, AND TAXES

7.1 Entry Fees. Each Competition requires payment of the applicable Entry Fee as specified in the App at the time of registration. All Entry Fees are collected through the Lucra Wallet. By submitting an Entry Fee, the Player acknowledges that the fee is final and non-refundable except as expressly provided in these Terms or applicable law.

7.2 Prize Pools and Payouts. Prize pool structures, payout percentages, and distribution schedules are posted in the App for each Competition prior to registration. Five Iron reserves the right to deduct platform fees, processing fees, and any other applicable charges from Prize pools before distribution. All Prize payouts are made exclusively through the Lucra Wallet, subject to the Lucra Terms of Service.

7.3 Payout Timing. Prizes will be credited to the winning Player’s Lucra Wallet within a commercially reasonable period following the conclusion of the applicable Competition and verification of results. Five Iron may delay payouts pending investigation of potential rule violations or disputes.

7.4 Taxes. Each Player is solely responsible for reporting and paying all federal, state, and local taxes applicable to any Prizes or other winnings received through the App. Five Iron (or its payment processing partners) will issue IRS Form 1099 or other required tax documentation where mandated by law. Players must provide accurate taxpayer identification information upon request; failure to do so may result in withholding of Prizes.

7.5 Questions. For questions regarding Entry Fees, Prizes, or Wallet matters, contact [email protected].

7.6 Wallet Holds, Reversals, and Chargebacks. Five Iron and its payment processing partners may hold, freeze, reverse, offset, or condition any deposit, Entry Fee, Prize, Wallet balance, or withdrawal as necessary to address identity verification, eligibility verification, tax documentation, chargebacks, payment reversals, payment disputes, suspected fraud, suspected prohibited conduct, suspected rule violations, geolocation concerns, or Competition integrity reviews. If any deposit, Entry Fee, or payment method is subject to a chargeback, reversal, or payment dispute, Five Iron may invalidate any Competition entry made with the disputed funds, withhold or forfeit any related Prize, deduct amounts owed from the Player’s Wallet balance, suspend or terminate the Player’s account, and recover any costs, fees, or expenses incurred by Five Iron or its payment processing partners.

7.7 Responsible Play. Five Iron may make responsible play tools available for Competitions, including voluntary self-exclusion, deposit limits, Entry Fee limits, Competition limits, cool-off periods, and account restrictions. Five Iron may impose, modify, or maintain such limits or restrictions in its sole discretion where it determines that doing so is appropriate for Player protection, platform integrity, legal compliance, payment risk, or responsible operation of Competitions. A Player who self-excludes or becomes subject to responsible play restrictions may be unable to enter Competitions, deposit funds, or withdraw Prizes except as permitted by Five Iron and applicable law.

8. TOURNAMENT RULES AND SCORING

8.1 Competition Formats. Five Iron may offer Competitions in various formats, including but not limited to head-to-head matches, multi-player tournaments, leaderboard-based contests, gross stroke play, net stroke play, closest-to-the-pin contests, longest drive contests, and target challenges. The specific format, rules, scoring methodology, simulator settings, eligibility requirements, entry requirements, Prize structure, tiebreakers, and any re-entry or re-buy rules for each Competition will be posted within the App prior to the start of that Competition (the “Tournament Rules”).

8.2 Binding Tournament Rules. By entering a Competition, each Player agrees to be bound by the applicable Tournament Rules as posted. Tournament Rules are incorporated into these Terms by reference.

8.3 Scoring. All scores are recorded automatically by the simulator systems used in the Competition. The scoring methodology (e.g., stroke play, points-based, or other metric) will be specified in the Tournament Rules. Five Iron’s recorded scores are presumed accurate absent manifest error.

8.4 Simulator Settings. Five Iron will designate the simulator software, course selection, difficulty settings, and environmental parameters for each Competition. Players may not alter designated simulator settings. Any unauthorized modification of settings will result in disqualification.

8.5 Tiebreakers. Tiebreaker procedures will be set forth in the applicable Tournament Rules. If no tiebreaker procedure is specified, Five Iron will determine the resolution method in its sole discretion, which may include splitting the applicable Prize among tied Players, applying scorecard countback, applying simulator-recorded performance metrics, or using any other skill-based or objectively disclosed method selected by Five Iron.

8.6 Modifications. Five Iron reserves the right to modify Tournament structures, formats, schedules, or rules at any time with reasonable notice to affected Players through the App. Continued participation following such notice constitutes acceptance of the modified Tournament Rules.

8.7 Player Identity and Account Matching. The individual physically taking each shot during a Competition must be the same natural person who created and controls the applicable App account, Lucra Wallet, and simulator or TrackMan profile under which the Competition round is recorded. Proxy play, surrogate play, substitute play, account sharing, credential sharing, or use of another person’s wallet, account, simulator profile, identity, or eligibility information is prohibited and may result in disqualification, forfeiture of Entry Fees and Prizes, suspension or termination, and any other remedy available to Five Iron.

8.8 Tournament Committee. Five Iron may designate a tournament committee, administrator, employee, vendor, or other designee (the “Tournament Committee”) to administer Competitions, review scoring issues, investigate suspected rule violations, determine eligibility, resolve disputes, apply Tournament Rules, and make disqualification, forfeiture, payout, and corrective decisions. The Tournament Committee’s determinations are final and binding for Competition administration purposes, subject only to Section 14 for legal claims that may not be finally resolved by Five Iron as a matter of applicable law.

8.9 Handicaps and Divisions. If a Competition uses handicaps, divisions, tee assignments, or skill tiers, Five Iron may determine, verify, adjust, freeze, override, or reject any handicap, division, tee assignment, or skill classification in its sole discretion based on gameplay history, simulator data, third-party handicap information, account information, eligibility information, or suspected manipulation. Any handicap, division, tee assignment, or skill classification applied to a Competition will be determined under the Tournament Rules or other methodology made available by Five Iron.

8.10 Misreads, Non-Reads, and Simulator Issues. A “Non-Read” occurs when the simulator fails to detect or record a shot. Unless the Tournament Rules provide otherwise, a Player may re-take a shot after a Non-Read without penalty. A “Misread” occurs when the simulator records a shot but the Player believes the recorded ball flight, distance, or score is materially inconsistent with the shot taken. A Player who believes a Misread occurred must immediately stop play, refrain from self-correcting the scorecard, refrain from pressing any mulligan or similar correction function unless instructed by Five Iron, and report the issue through the App or to on-site staff. Five Iron may review available simulator data, video, account activity, and other evidence and may determine in its sole discretion whether to correct a score, void a shot, allow replay, deny relief, or take any other action.

8.11 Payout Holds. Five Iron may delay, hold, freeze, suspend, reverse, or condition any Prize payout, Wallet withdrawal, leaderboard result, or Competition settlement pending review of any scoring issue, Misread, technical issue, eligibility concern, chargeback, payment dispute, suspected fraud, suspected collusion, suspected prohibited conduct, or other matter affecting Competition integrity. Five Iron may extend a Competition window, pause automatic payout, or require additional verification before releasing any Prize.

8.12 No Expected-Winnings Compensation. If a technical issue, simulator issue, Misread, Non-Read, connectivity failure, app issue, venue issue, or other disruption affects a Competition, Five Iron may, in its sole discretion, provide a refund, Wallet credit, replay opportunity, score adjustment, or other remedy expressly authorized by these Terms or the Tournament Rules. Under no circumstances will Five Iron be required to pay, credit, or otherwise compensate any Player based on any Prize, placement, score, leaderboard position, or winnings the Player believes the Player would have, could have, or should have achieved absent the issue.

9. FAIR PLAY AND PROHIBITED CONDUCT

9.1 Commitment to Fair Play. All Players must compete honestly and in good faith. Five Iron is committed to preserving the integrity of every Competition offered through the App.

9.2 Prohibited Conduct. The following activities are strictly prohibited in connection with any Competition:

(a) Collusion: coordinating with other Players to manipulate the outcome of any Competition.

(b) Cheating: using any method to gain an unfair advantage, including exploiting simulator bugs or glitches.

(c) Unauthorized Devices or Software: employing any hardware, software, bot, script, or tool not expressly approved by Five Iron.

(d) Simulator Tampering: altering, manipulating, or interfering with simulator equipment, settings, or calibration.

(e) Multi-Accounting: creating, maintaining, or using more than one account, or allowing another person to use your account.

(f) Match Fixing: intentionally losing, underperforming, or arranging predetermined outcomes.

(g) Abusive Behavior: harassing, threatening, or directing abusive language toward other Players, Five Iron staff, or venue personnel.

(h) Circumvention: attempting to bypass geolocation controls, eligibility requirements, or any other safeguard implemented by Five Iron or Lucra.

(i) Any other conduct that, in Five Iron’s sole determination, undermines the integrity, fairness, or proper operation of a Competition.

9.3 Consequences. Violations of this Section 9 may result in disqualification, forfeiture of Entry Fees and Prizes, account suspension or termination, and any other remedies available under these Terms or applicable law, as further described in Section 10.

10. SCORING DISPUTES, TECHNICAL ISSUES, AND DISQUALIFICATION

10.1 Scoring Disputes. A Player who believes a scoring error has occurred must submit a dispute to [email protected] within twenty-four (24) hours after the affected Competition concludes. Disputes submitted after this period are waived. Five Iron will review available simulator data and render a final, binding determination within a commercially reasonable timeframe.

10.2 Technical Issues. If a simulator malfunction, connectivity failure, or other technical disruption occurs during a Competition, Five Iron may, in its sole discretion: (a) void the affected round and issue a refund of the applicable Entry Fee; (b) restart the affected round; or (c) adjust scores based on available data. Five Iron is not liable for any technical issues attributable to third-party hardware, software, or network infrastructure.

10.3 Disqualification. Five Iron reserves the right to disqualify any Player who violates these Terms, the Tournament rules, or any applicable law. Disqualification may result in: (a) forfeiture of all Entry Fees paid for the affected Competition; (b) forfeiture of any Prizes won or pending; and (c) immediate or permanent suspension of the Player’s account.

10.4 Forfeiture and Suspension. Forfeited Entry Fees and Prizes will not be returned or redistributed to the disqualified Player. Five Iron may, in its sole discretion, redistribute forfeited Prizes among remaining eligible Players or retain such amounts. Account suspension may include a freeze on Lucra Wallet withdrawals pending investigation. All determinations regarding disqualification, forfeiture, and suspension are final and binding.

11. USER CONTENT, GAMEPLAY DATA, AND PRIVACY

11.1 License to Gameplay Data. By using the App, you grant Five Iron and its affiliates a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, display, distribute, and create derivative works from your gameplay data, scores, statistics, usernames, avatars, and any other content you submit or generate through the App (collectively, “User Content”). This license applies for promotional, operational, analytical, and marketing purposes.

11.2 No Obligation. Five Iron has no obligation to use, display, or retain any User Content and may remove or modify User Content at its sole discretion.

11.3 Representations. You represent and warrant that you own or hold sufficient rights in all User Content to grant the license described in Section 11.1 and that your User Content does not infringe the intellectual property or privacy rights of any third party.

11.4 Privacy Policy. Five Iron collects, processes, and stores personal information in connection with the App in accordance with the Five Iron Privacy Policy, available at https://fiveirongolf.com/privacy and incorporated herein by reference. By using the App or participating in Competitions, you acknowledge and consent to such data practices, including the collection and use of precise geolocation data, device identifiers, account information, identity verification information, tax documentation, gameplay data, simulator data, video or other venue records where available, and transaction records for Competition administration, eligibility verification, fraud prevention, platform integrity, payment processing, tax reporting, legal compliance, analytics, and customer support.

11.5 Data Sharing with Third Parties. You acknowledge that certain personal information, account data, location data, gameplay data, simulator data, device information, tax information, and transaction records may be shared with Lucra, payment processors, identity verification providers, tax reporting vendors, simulator technology providers, analytics providers, fraud prevention vendors, customer support providers, and other service providers in connection with Lucra Wallet functionality, identity verification, eligibility verification, Competition administration, scoring, payouts, fraud prevention, tax reporting, and compliance obligations. Such data sharing is governed by the Five Iron Privacy Policy, the Lucra Terms of Service, and the Lucra privacy policy referenced therein, as applicable.

11.6 Aggregated and De-Identified Data. Five Iron may aggregate or de-identify data derived from your use of the App. Aggregated or de-identified data is not subject to the restrictions of this Section 11 and may be used by Five Iron for any lawful purpose.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties. THE APP, ALL COMPETITIONS, SIMULATOR EQUIPMENT, AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIVE IRON, ITS AFFILIATES, AND LUCRA EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FIVE IRON DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT SIMULATOR PERFORMANCE WILL BE ACCURATE OR CONSISTENT.

12.2 Third-Party Platforms. Five Iron disclaims all liability for errors, outages, or failures originating from Lucra’s platform, payment processors, or any other third-party service integrated with the App.

12.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIVE IRON’S AGGREGATE LIABILITY TO ANY PLAYER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR ANY COMPETITION SHALL NOT EXCEED THE TOTAL ENTRY FEES PAID BY THAT PLAYER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.4 Exclusion of Damages. IN NO EVENT SHALL FIVE IRON, ITS AFFILIATES, OR LUCRA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST PRIZES, OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 Jurisdictional Limitations. Some jurisdictions do not permit certain warranty exclusions or liability limitations. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law.

12.6 On-Site Activity and Simulator Risk. Participation in Competitions may involve physical activity and use of golf clubs, balls, simulator bays, launch monitors, screens, mats, flooring, fixtures, and other venue equipment. You voluntarily assume all risks associated with participation in Competitions and related on-site activity, including personal injury, property damage, equipment malfunction, venue conditions, actions of other Players or guests, and inaccuracies or limitations of simulator technology. To the maximum extent permitted by applicable law, Five Iron shall not be liable for any injury, loss, damage, claim, or expense arising out of or relating to such risks, except to the extent liability cannot be waived under applicable law. Five Iron may require execution of a separate liability waiver or venue release as a condition to participating in any Competition or on-site activity.

13. INDEMNIFICATION; SUSPENSION AND TERMINATION

13.1 Indemnification. You agree to indemnify, defend, and hold harmless Five Iron, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and Lucra (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App or participation in any Competition; (b) your breach of these Terms or any incorporated terms; (c) your violation of any applicable law, regulation, or third-party right; or (d) any content you submit through the App.

13.2 Suspension and Termination. Five Iron may, in its sole discretion and without prior notice, suspend or terminate your account and access to the App for any reason, including but not limited to: (a) violation of these Terms or any Tournament rules; (b) suspected fraudulent, abusive, or unlawful activity; (c) failure to satisfy Eligibility requirements; or (d) conduct that threatens the integrity of any Competition.

13.3 Effect of Termination. Upon termination: (a) your right to access the App and participate in Competitions ceases immediately; (b) any pending Competition entries may be canceled and associated Entry Fees forfeited at Five Iron’s discretion; and (c) remaining Lucra Wallet balances, if any, will be handled in accordance with the Lucra Terms of Service. Sections of these Terms that by their nature should survive termination (including indemnification, limitation of liability, and dispute resolution) shall remain in full force and effect.

14. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

14.1 Agreement to Arbitrate. You and Five Iron agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or any Competition (each, a “Dispute”) shall be resolved exclusively through final and binding individual arbitration, except as set forth below. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

14.2 Arbitration Procedures. 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. Unless the parties agree otherwise, any hearing shall take place in New York County, New York. The arbitrator may award any relief that a court of competent jurisdiction could award.

14.3 Class Action and Collective Action Waiver. YOU AND FIVE IRON EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one party.

14.4 One-Year Limitation Period. Any Dispute must be filed within one (1) year after the date the claim first arose; otherwise, the claim is permanently barred.

14.5 Opt-Out. You may opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must include your full name, App account username, and a clear statement that you decline arbitration.

14.6 Governing Law and Venue. These Terms shall be governed by the laws of the State of New York, without regard to conflict-of-law principles. For any claim permitted to proceed in court, exclusive jurisdiction and venue shall lie in the state and federal courts located in New York County, New York.

14.7 Informal Dispute Resolution. Before initiating arbitration or a court proceeding, the party asserting a Dispute must first provide written notice describing the Dispute, the facts supporting it, and the relief requested. The parties will attempt in good faith to resolve the Dispute informally for at least sixty (60) days after Five Iron receives such notice. During that period, the parties will participate in at least one telephone or videoconference if requested by either party. This informal dispute resolution process is a condition precedent to arbitration or court proceedings, except for claims seeking emergency injunctive or equitable relief.

14.8 Exceptions to Arbitration. Either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court. Five Iron may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, platform integrity, payment systems, geolocation controls, Competition integrity, or to prevent fraud, abuse, unauthorized access, or prohibited conduct.

14.9 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FIVE IRON EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE, WHETHER IN ARBITRATION OR IN COURT.

14.10 Mass Arbitration Procedures. If twenty-five (25) or more similar Disputes are asserted against Five Iron by the same or coordinated counsel or are otherwise coordinated, Five Iron may require the Disputes to proceed in batches of up to one hundred (100) Disputes per batch, with only one batch proceeding at a time unless the parties agree otherwise or the arbitration administrator requires a different procedure. The parties will participate in a mediation after the first batch is resolved if any Disputes remain pending. These procedures are intended to promote efficient, individualized resolution and do not authorize class, collective, consolidated, private attorney general, or representative proceedings.

15. CHANGES TO TERMS; ELECTRONIC COMMUNICATIONS; CONTACT INFORMATION

15.1 Changes to Terms. Five Iron reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Five Iron will provide notice of material changes by posting the revised Terms within the App or by sending notice to the email address associated with your account. The revised Terms will indicate the date of the most recent update. Your continued participation in Competitions following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop participating in Competitions.

15.2 Electronic Communications. By creating an account or using the App, you consent to receive electronic communications from Five Iron, including notices, agreements, disclosures, transaction confirmations, and other information related to your account and Competitions. You agree that all communications provided electronically satisfy any legal requirement that such communications be in writing. You are responsible for maintaining a valid email address and reviewing communications sent to that address.

15.3 Contact Information. For questions regarding Competitions, Entry Fees, Prizes, or Wallet matters, please contact: [email protected]. Written correspondence may be directed to Five Iron App LLC at its principal business address.