Golf Club Rental Agreement

This Golf Club Rental Agreement ("Agreement") is made and entered into the dates that are specified by the customer on the website by the customer, by and between MyGolfStarter, LLC, a North Carolina Limited Liability Company hereinafter referred to as "Owner", and the renter, hereinafter referred to as "Renter", collectively referred to as the "Parties". The Owner agrees to rent to the Renter, and the Renter agrees to rent from the Owner, the golf clubs (the "Clubs") described herein under the terms and conditions set forth in this Agreement.

1. Description of Clubs. The Clubs to be rented under this Agreement are described as follows: [Insert detailed description of the golf clubs, including make, model, and any identifying marks or numbers].

2. Rental Period.

a. The standard rental period shall commence on the start date provided by the customer on the website shall terminate on the end date provided by the customer on the website unless earlier terminated in accordance with the provisions of this Agreement ("Rental Period").

b. Short-Term Rental Option: Notwithstanding the above, the Renter may opt for a short-term rental period of three (3) days ("Short-Term Rental Period"). The Short-Term Rental Period must be specified at the time of the Agreement execution, with the exact commencement and termination dates duly noted.

c. Month-to-Month Rental Option: The Renter may opt to rent on a month-to-month basis. This Month-to-Month Rental Period commences on the agreed-upon date when this agreement is executed and payment has been received, and will continue on a month-to-month basis until either Party provides notice of termination as outlined in the termination section of this Agreement.

3. Rental Fee.

a. Standard Rental Period: For rental periods other than the Short-Term Rental Period or a Monthly Payment Structure, the total Rental Fee specified on the website, payable in full before the commencement of the Rental Period.

b. Short-Term Rental Period: For the Short-Term Rental Period, the Renter agrees to pay the rental fee specified on the wesbite, payable in full before the commencement of the Short-Term Rental Period.

c. Month-to-Month Rental Period: If the Renter opts for a month-to-month rental arrangement, the Rental Fee shall be paid in monthly installments with the first installment being due and payable on or before the commencement of the Rental Period. Second and all following installments shall be due on the first day of each month of the Rental Period.

A late fee of $300 will be charged for any installment not received within five (5) days of its due date.

4. Credit Card Authorization for Charges.

a. Provision of Credit Card Information. The Renter shall provide to the Owner a valid credit card number as a guarantee for payment of fees, damages, loss, or theft associated with the rental of the Clubs. The Renter agrees that the Owner may pre-authorize the provided credit card to ensure its validity.

b. Authorization to Charge. The Renter hereby authorizes the Owner to charge the provided credit card for any of the following occurrences during or after the Rental Period:

i. For month-to-month rentals, the Renter agrees to provide a valid credit card which will be charged for each monthly installment due, ensuring uninterrupted rental service and compliance with the payment terms outlined in this Agreement. The Renter hereby authorizes recurring charges on the first of each month of the rental period, following the initial commencement payment, for the duration of the Agreement.

ii. Payment of the Rental Fee, if not paid by other means before the commencement of the Rental Period.

iii. Costs associated with the repair of the Clubs due to damage occurring during the Rental Period, as outlined in Section 6 ("Damage and Repairs").

iv. The replacement cost of the Clubs if they are lost or stolen, as outlined in Section 8 ("Lost or Stolen Rental Equipment").

v. Any other fees or charges the Renter has agreed to under the terms of this Agreement.

c. Notification of Charges. The Owner agrees to notify the Renter and provide an itemized statement of charges before processing the charge to the credit card, except in cases where the Rental Fee is due before the commencement of the Rental Period.

d. Dispute of Charges. The Renter has the right to dispute any charges believed to be incorrect. The Owner agrees to review and adjust any charges that are proven to be in error.

e. Security of Information. The Owner agrees to keep the credit card information secure and to use it only for authorized purposes as outlined in this Agreement.

5. Use of Clubs. The Renter agrees to use the Clubs solely for their intended purpose and in a manner that does not violate any laws or regulations. The Renter shall be responsible for any permits or fees associated with the use of the Clubs.

6. Damage and Repairs:

a. Responsibility for Damages. The Renter shall be responsible for any damage to the Clubs that occurs during the Rental Period, normal wear and tear excepted.

b. Notification and Assessment. In the event of damage, the Renter agrees to notify the Owner immediately. Upon notification, the Owner will assess the damage and provide an estimate of the repair costs. This assessment may be conducted by the Owner directly or through a professional golf equipment repair service chosen by the Owner.

c. Option to Repair or Pay. After the assessment, the Owner shall have the option to either: (i.) Have the Clubs repaired by a professional of the Owner's choosing, the cost of which shall be paid by the Renter, or (ii.) Require the Renter to pay the estimated cost of repair directly to the Owner. Payment for repairs must be made within [Specify Number of Days] days of receiving the cost estimate.

d. Determination of Repair Costs. The cost of repairs will be determined based on the fair market value of the necessary repairs, including parts and labor, as quoted by the repair service or assessed by the Owner. The Renter will receive a detailed invoice itemizing the repairs and associated costs.

e. Damage Beyond Repair. If the Clubs are deemed damaged beyond repair, as determined by the Owner or a professional golf equipment repair service, the Renter shall pay the Owner the replacement value of the Clubs. The replacement value will be based on the current retail price of the Clubs or similar make and model if the exact model is no longer available.

f. Dispute Resolution. Should there be a dispute regarding the extent of the damages or the cost of repairs, the Parties agree to seek a resolution through mediation before a neutral third party agreed upon by both Parties. If mediation does not resolve the dispute, either Party may pursue legal action in accordance with the jurisdiction clause of this Agreement.

7. Bodily Injury and Waiver of Liability.

a. Assumption of Risk. The Renter acknowledges that the use of the Clubs and participation in activities involving the Clubs carry inherent risks, including but not limited to the risk of bodily injury. The Renter hereby assumes all risks associated with the use of the Clubs.

b. Waiver of Liability. To the fullest extent permitted by law, the Renter hereby releases, waives, discharges, and covenants not to sue the Owner, its officers, employees, and agents from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Renter, or to any property belonging to the Renter, while participating in any activity, using the Clubs, or while on premises where the Clubs are being used, regardless of whether such loss is caused by the negligence of the Owner, its officers, employees, or agents, or otherwise.

c. Indemnification. The Renter agrees to indemnify and hold harmless the Owner from any loss, liability, damage, or costs the Owner may incur due to the Renter's use of the Clubs or participation in activities involving the Clubs, whether caused by the negligence of the Renter or otherwise.

d. Acknowledgment. The Renter expressly acknowledges and agrees that the activities involved in the use of the Clubs may be dangerous and involve the risk of serious injury and/or death and/or property damage. The Renter further acknowledges and agrees that any injuries received may be compounded or increased by negligent rescue operations or procedures of the Owner.

8. Lost or Stolen Rental Equipment.

a. Notification of Loss or Theft. The Renter agrees to notify the Owner immediately upon discovery that the Clubs have been lost or stolen during the Rental Period.

b. Liability for Lost or Stolen Equipment. The Renter acknowledges and agrees that they are solely responsible for the Clubs during the Rental Period. In the event that the Clubs are lost or stolen, the Renter shall be liable to the Owner for the replacement value of the Clubs.

c. Charges for Replacement. The Owner is entitled to charge the Renter for the full replacement cost of the lost or stolen Clubs. The replacement value will be determined based on the current retail price of the Clubs or a similar make and model if the exact model is no longer available. The Renter agrees to pay the specified amount within seven (7) days of receiving an invoice from the Owner for the replacement cost.

d. Payment Method. The Renter shall provide a valid credit card number, debit card number, or another agreed-upon payment method to the Owner for the purposes of covering charges related to the replacement of lost or stolen Clubs. The Owner is authorized to charge the provided payment method for such costs upon confirmation of the loss or theft.

e. Termination. The Owner may terminate this Agreement immediately if the Renter fails to comply with any of its terms and conditions. Upon termination, the Renter shall return the Clubs to the Owner immediately.

f. Short-Term Rental Period. The Parties may agree to a short-term rental period for the Clubs, which shall be specified in writing and signed by both Parties. The terms and conditions of this Agreement shall apply to any short-term rental period unless otherwise stated in writing by the Parties.

g. Month-to-Month Rental Period. The Parties may agree to a month-to-month rental period for the Clubs. The terms and conditions of this Agreement shall apply to any short-term rental period unless otherwise stated in writing by the Parties.

9. Cancellation Policy. The Renter may cancel this Agreement without penalty up to one (1) week prior to the commencement of the Rental Period. Cancellations must be made in writing and received by the Owner at least seven (7) days before the start date of the Rental Period to be eligible for a full refund of any rental fees paid for the upcoming period. Cancellations made less than one (1) week but more than forty-eight (48) hours before the commencement of the Rental Period will result in a 50% refund of the total rental fee due for that period. The Renter must notify the Owner in writing of such cancellations. No refunds will be issued for cancellations made less than forty-eight (48) hours before the start of the Rental Period. If the Renter fails to cancel before this deadline or fails to collect the Clubs at the start of the Rental Period, the Renter will be responsible for the full rental fee for the period in question. This cancellation policy applies to the standard Rental Period, the Short-Term Rental Period, and any Month-to-Month rental.

10. Shipping and Delivery Terms.

a. Shipping Methods. The Owner reserves the right to ship the rental equipment through any carrier or method deemed appropriate (including but not limited to UPS, FedEx, freight, or otherwise) based on the specific requirements of the order. The selection of the shipping method will consider various factors such as the base rental cost, any applicable discounts, the origin and destination of the shipment, the timing of the delivery within the week, and any requirements for expedited delivery.

b. Shipping Delays and Refunds. In the event of a shipping delay where the shipping carrier has had the equipment in its possession with sufficient time to fulfill the delivery, but fails to do so, Owner will refund the cost of the marginal portion of the rental period that the customer cannot use. For example, if the customer will not have the equipment in time for his or her first day of play during a three-day Rental Period, Owner will reimburse the customer for the cost of his or her third rental day.

c. Pricing and Quotations. The pricing provided on the Owner's website accounts for multiple elements including the base rental cost, applicable discounts, shipping origin and destination, delivery timing, and expedition needs. Due to the complex nature of these calculations, the Owner does not guarantee that the pricing quoted on the website will be identical to the pricing provided in response to inquiries made via phone, chat, email, or other forms of communication.

d. Receipt of Equipment. The customer, or an authorized representative of the customer at the delivery destination, must be available to receive the equipment during the two business days prior to the customer's first scheduled use of the rented equipment. This requirement applies even if the customer has chosen residential delivery. Failure to receive the equipment due to the absence of the customer or their representative will render the order ineligible for any form of refund.

e. Receipt of Order and Liability. Upon receipt of the order, responsibility for the equipment shifts to the customer. The customer acknowledges the importance of providing a Secure Shipping Address for deliveries. A “Secure Shipping Address” is defined as a location where an individual can physically receive the order(s). In cases where an unsecured shipping address is provided, Owner will not be liable for orders that are left unattended and subsequently lost or stolen. The customer remains liable for the rented equipment until the package is shipped back to Owner and is confirmed to be in the carrier's possession. If the return package does not show as tracked with the carrier, the customer will be held liable for the full replacement cost of the gear or for late fees, should the package begin to track with the carrier subsequently. To mitigate this risk Owner strongly recommends that customers drop off their return orders at a staffed drop-off point and secure a receipt as proof of return.

f. Confirmation of Holding Fees at Pickup Locations. In certain cases, Owner may, as a courtesy, contact one or more UPS Store locations to inquire about the holding fee that the customer may incur when picking up their order. While Owner aims to provide accurate information regarding such fees, it cannot guarantee that the initially quoted fee by a UPS Store location will remain unchanged or that any UPS Store location will honor it. Owner is not responsible for any variance in the fee amounts charged by UPS Store locations or any other third-party pickup location.

11. Return of Clubs. The Renter agrees to return the Clubs to the Owner in the same condition as received, reasonable wear and tear excepted, at the end of the Rental Period. Failure to return the Clubs on time and in the proper condition may result in additional fees.

a. Condition of Return Clubs. The Renter agrees to return the Clubs to the Owner in the same condition as received, reasonable wear and tear excepted, at the end of the Rental Period. Failure to return the Clubs on time and in the proper condition may result in additional fees or charges to the Renter for repair, restoration, or replacement costs necessary to return the Clubs to their original condition. The Renter acknowledges that they have inspected the Clubs at the commencement of the Rental Period and accept them as being in good and usable condition unless otherwise noted at that time.

b. Return Drop-off Procedures. When returning the equipment, the customer is required to perform the “return drop-off” through one of several designated intermediaries, including but not limited to a golf course pro shop, hotel front desk, or directly to our shipping partner. The specific procedures are as follows:

i. Non-shipping Partner Drop-offs. For returns through intermediaries such as golf courses or hotels, the equipment must be left with the appropriate representative by 8 PM local time on the last day of the Rental Period (the “return drop-off deadline.”) When returning equipment to a non-shipping partner, the customer must note the first name of the person accepting the equipment and be prepared to provide this information to Owner upon request.

ii. Shipping Partner Drop-offs. For returns directly to a shipping partner, such as UPS, the equipment must be left with a representative at the designated location by 12 PM local time on the day following the last day of the Rental Period (also referred to as the “return drop-off deadline”). When using a shipping partner for return, the customer must obtain a drop- off receipt and be ready to present a clear photograph or scan of this receipt to Owner if requested.

iii. Exceptions for Public Holidays. If local UPS Store locations (or affiliate locations) are closed on the day following the last date of the Rental Period due to typical or holiday opening hours, the customer is allowed to return the equipment by 12 PM one day later without incurring additional charges.

iv. Late Returns. Owner reserves the right to charge the full, un-discounted additional-day price for any equipment not confirmed to be in possession of the intended handler (hotel, golf course, or UPS affiliate) by the return drop- off deadline. While Owner may assist in facilitating the return, the responsibility of delivering the equipment to the shipping partner ultimately lies with the customer.

v. Packaging and Handling. All rented equipment must be returned in its original packaging, typically a box or duffel bag, with individual head covers replaced to ensure safe return. The provided packaging is intended solely for the return shipment and must not be kept by the customer. If a travel bag provided by Owner for the shipment is not returned, the customer will be charged the full retail value of the bag. Owner will provide all necessary return labels.

vi. Customer Responsibility. The customer bears full responsibility for ensuring the timely handoff of equipment to the designated return party. Delays caused by the customer, including but not limited to failure to properly attach the return label or returning empty boxes, will result in the customer being held responsible.

vii. Failure to Return. Owner reserves the right to charge the full retail value of any rental equipment not confirmed to be in the possession of the intended handler by noon local time on the second calendar day following the last playing date.

12. Liability. The Renter shall be solely responsible for any loss, theft, or damage to the Clubs during the Rental Period and agrees to indemnify and hold the Owner harmless from any claims, damages, or expenses arising out of the Renter's use of the Clubs.

13. Force Majeure. Neither Party shall be held liable for any failure to perform its obligations under this Agreement where such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other natural disaster, strike, governmental action, or any other cause beyond the reasonable control of the party affected, provided that the party affected gives prompt notice to the other party of such force majeure condition. The affected Party's performance under this Agreement shall be suspended for the duration of the delay caused by the force majeure condition and will require a reasonable extension of time for performance. If the force majeure condition continues for a period exceeding thirty (30) days, either Party may terminate this Agreement without penalty upon written notice to the other Party.

14. Default. In the event that the Renter fails to comply with any of the terms and conditions of this Agreement, including but not limited to the timely payment of rental fees, return of the Clubs in the condition required, or any other obligations herein, such failure shall constitute a default under this Agreement. Upon default, the Owner shall provide written notice to the Renter specifying the nature of the default and allowing a cure period of ten (10) days from the date of notice for the Renter to rectify such default. If the Renter fails to cure the default within the specified period, the Owner shall have the right to terminate this Agreement immediately and take any legal action necessary to recover damages or possession of the Clubs. Additionally, the Renter shall be responsible for all costs, including reasonable attorney’s fees, incurred by the Owner in enforcing the terms of this Agreement or recovering any damages or equipment from the Renter.

15. Termination by Owner. Notwithstanding any other provision of this Agreement, the Owner reserves the right to terminate this Agreement at any time upon providing [Notice Period, e.g., 24 hours] written notice to the Renter under the following conditions:

a. Breach of Agreement. If the Renter breaches any term or condition of this Agreement and fails to remedy such breach within a specified period after receiving written notice of the breach from the Owner.

b. Illegal Activity. If the Owner has reasonable grounds to believe that the Clubs are being used for any unlawful activity or in a manner that is inconsistent with local, state, or federal laws or regulations.

c. Safety Concerns. If the Owner determines, at their sole discretion, that the continued use of the Clubs poses a safety risk to the Renter, any third party, or the Clubs themselves. Upon termination of this Agreement by the Owner for any of the above reasons, the Renter shall immediately cease use of the Clubs and return them to the Owner in accordance with the return policies set forth in this Agreement. Any prepaid rental fees for periods after the effective date of termination will be refunded to the Renter on a prorated basis. The Owner's right to terminate this Agreement as provided in this section shall be in addition to any other rights and remedies available to the Owner under this Agreement or applicable law.

16. Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising from this Agreement shall be resolved in the courts located in North Carolina.

17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties.

18. Amendment. No amendment, modification, or addition to this Agreement shall be effective unless it is in writing and signed by both Parties.

19. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.