Ship-For-You Agreement
The following terms and conditions shall constitute the Ship-For-You Agreement (the “Agreement”) under which Worldwide Golf Shops LLC, a Delaware limited liability company (“Get Clubs", “We” or “Us”), shall facilitate the shipment of your golf equipment (“Golf Equipment”) via third-party common carrier from and to certain destinations of a customer’s (the “Customer”, “You” or “Your”) choosing (such services, the “Services”). Get Clubs and Customer may be referred to individually as a “Party” and collectively as the “Parties”.
THIS AGREEMENT INCLUDES IMPORTANT INFORMATON CONCERNING YOUR RIGHTS AND OBLIGATIONS RELATED TO YOUR USE OF THE SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MUST NOT USE THE SERVICES IN ANY MANNER. BY MAKING A PURCHASE, USING THE SERVICES OR ACKNOWLEDGING THIS AGREEMENT AT THE TIME OF PURCHASING SERVICES, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
Article 1
THE SERVICES
1.1 Overview of Services. Get Clubs will provide to Customer shipping labels authorizing the shipment of Your Golf Equipment through a third-party common carrier (“Third-Party Service Provider”) from a domestic (U.S.) Drop-Off Location (defined below) to a domestic (U.S.) Pick-Up Location (defined below). “Drop-Off Location” means the Customer selected location where the Golf Equipment will be left for pick-up by the Third-Party Service Provider. Permitted Drop-Off Locations shall include: a residential U.S. address, a U.S. shipping center operated by or on behalf of a Third-Party Service Provider, or Customer’s original Pick-Up Location. “Pick-Up Location” means the Customer selected location where the Golf Equipment will be delivered by the Third-Party Service Provider for Customer pick-up. Permitted Pick-Up Locations may include: a residential U.S. address (signature required), a U.S. business address (e.g., a hotel or golf course) (signature required), or a U.S. shipping center operated by or on behalf of a Third-Party Service Provider. International shipping may be available on a case-by-case basis. Please contact us at +1(866) 410-8238 or info@getclubs.com for additional information on shipping to or from international locations.
1.2 Packing. Customer is responsible for packaging and securing the Golf Equipment prior to delivery to a Drop-Off location, and Company disclaims any and all liability arising out of or related to Customer’s failure to properly package and secure the Golf Equipment.
1.3. Lost or Damaged Golf Equipment. Our liability with regard to Golf Equipment lost or damaged while in-transit during Our provision of the Services (whether attributable to Us or Our Third-Party Service Provider) will be limited to the declared value of the Golf Equipment, which will be $1,000.00 unless You (i) declare a higher value for the Golf Equipment at the time of purchasing the Services and (ii) pay the associated fee at the time of purchase to increase the declared value. Declared value of Golf Equipment may be increased above $1,000.00 in increments of $500.00 up to a maximum of $7,500.00 at check-out. The declared value at check-out represents Our maximum liability to You in connection with Golf Equipment lost or damaged in-transit. In the event of loss or damage to Golf Equipment while in-transit, reimbursement for loss or damage will only be made to the extent You provide sufficient proof that We or Our Third-Party Service Provider is at fault for the loss or damage to your Golf Equipment. To be eligible for reimbursement, Customers must take and retain photos of their Golf Equipment immediately prior to packing to document Golf Equipment condition prior to shipping and immediately after packing to document that Golf Equipment was packed correctly (“Condition Photos”). In no event will Get Clubs be responsible for Customer’s failure to securely pack the Golf Equipment or increase the declared value for the Golf Equipment or for any losses or damages resulting therefrom. Requests for reimbursement must be submitted directly to Us by emailing info@getclubs.com or calling +1(866) 410-8238 within ten (10) days of delivery (or scheduled delivery) of Your Golf Equipment and must include a detailed description of the basis for reimbursement (including, as applicable, photos documenting any damage) and the Condition Photos (a “Reimbursement Request”). We will review Reimbursement Requests in the order received and may contact You during the Reimbursement Request review process with questions or to request additional information about your Reimbursement Requests. After reviewing your Reimbursement Request, We will determine in Our sole and absolute discretion whether your Reimbursement Request has been approved or denied and will provide You with notice of Our determination. If a Reimbursement Request is denied, We will provide Our basis for the denial. Payment for Reimbursement Requests will be in an amount equal to the actual cost of repairing the damaged Golf Equipment or if repair is not possible, the replacement cost based on the published value of the Golf Equipment set forth in the “Golf Blue Book” located at https://www.golfbluebook.com/, provided that in the event there is no published value for the Golf Equipment available in the Golf Blue Book, the replacement cost will be determined by Us in Our sole discretion (“Reimbursement Amount”). In the event the Reimbursement Amount is less than the declared value, We will not pay, and You will not be entitled to, the difference between the declared value and the Reimbursement Amount. In no event will You receive an amount in excess of the declared value. For approved Reimbursement Requests involving damaged Golf Equipment, You may elect to either: (i) have the Golf Equipment repaired at a third-party Golf Equipment repair shop and submit a receipt to Us for reimbursement, or (ii) receive store credit in an amount equal to the cost of repairing the Golf Equipment, which store credit may be used to repair the Golf Equipment at one of Our retail stores. Likewise, in the event of a total loss of the Golf Equipment, You may elect to either: (a) receive a payment in an amount equal to the Reimbursement Amount, or (b) receive store credit in an amount equal to the Reimbursement Amount. FOR THE AVOIDANCE OF DOUBT, WE ARE NOT AN INSURANCE PROVIDER AND THIS SECTION IS NOT INSURANCE COVERAGE OF ANY KIND. If You desire insurance coverage for your Golf Equipment, You should purchase an insurance policy separately through an insurance carrier of Your choice.
1.4. Prohibited Items. The Services are only intended to permit the shipment of Golf Equipment, and Customer agrees that the Services will not be used to facilitate the shipment of any other goods or products. For the avoidance of doubt, in no event shall Customer use the Services to ship any of the following goods or products:
• Ammunition, firearms or explosives;
• Alcohol, including without limitation, alcoholic beverages;
• Drugs or narcotics, including without limitation, illicit, illegal or controlled substances and prescription or over-the-counter medications;
• Gambling devices or articles, including without limitation, lottery tickets;
• Live animals, including without limitation, pets or insects;
• Animal carcasses, including without limitation, parts intended for taxidermy, and meat or poultry products intended for human consumption;
• Human remains;
• Hazardous materials, including without limitation, poisons, mace, pepper spray, gasoline and any other corrosive, combustible or flammable goods or products;
• Electronics, including without limitation, range finders, cell phones, personal audio devices and laptops;
• Batteries, including all wet or lithium batteries, and including those that may be integrated into or within an electronic device;
• Pressurized containers, including without limitation, shaving cream, sunscreen, bug spray, spray-on deodorants and hair spray;
• Hazardous waste, medical waste or general refuse;
• Tobacco products, including without limitation, cigarettes, e-cigarettes, cigars, pipes and chewing tobacco;
• Cash, currency or other negotiable papers; and
• Any other items prohibited under applicable law, rule or regulation, or the terms and conditions of a Third-Party Service Provider (collectively, all of the foregoing, the “Prohibited Items”).
In addition to violating this Agreement, shipment of the foregoing goods or products may violate applicable law, rule or regulation. We reserve the right, in our sole and absolute discretion, to reject, refuse, cancel or delay any Services that we suspect violates this Section.
1.5 Price and Payment. All Services will be transacted by means of a valid credit card at checkout. Rates will be based on the Drop-Off Location address, Pick-Up Location address, requested deliver-by date, and other shipment details provided at checkout; provided, however, that rates may be adjusted upward in the event (i) there is a difference between the actual shipment details and the shipment details provided during the check-out process; and (ii) such differences cause the Third-Party Service Provider to increase the shipping rate charged at check-out (a “Rate Adjustment”). We will provide You with a summary of any fees or adjustments charged by the applicable Third-Party Service Provider associated with a Rate Adjustment, and You may contact Us within ten (10) days to dispute such Rate Adjustment. We will use commercially reasonable efforts to look into any disputed Rate Adjustment; provided, however, final determination on any Rate Adjustments will ultimately be at the sole discretion of our Third-Party Service Providers. Customer will also be solely responsible for any additional fees charged by third-parties, including but not limited to, hotels, resorts or golf courses, for handling Customer’s Golf Equipment regardless of whether the same are billed to Get Clubs (“Handling Fees”). Rate Adjustments and any Handling Fees billed to Get Clubs will be charged to the credit card used at checkout, and Customer consents to Us billing Customer’s credit card for any Rate Adjustment or Handling Fee incurred by Get Clubs without further notice or authorization.
1.6 Changes and Cancellations.
a. Changes. You may request changes to the Services at any time prior to your original pickup date at no additional cost; provided, however, that you shall be responsible for paying any additional fees, expenses or costs in the event any requested change results in additional Third-Party Service Provider fees, expenses or costs. Customer agrees that Get Clubs may bill Customer’s credit card for any additional fees, expenses or costs arising from a Customer change to the Services. In the event a Customer change results in a reduction in total fees, Get Clubs will refund to Customer’s original form of payment the difference between the original amount paid for the Services and the actual cost of the Services.
b. Cancellations. You may cancel the Services for a full refund at any time prior to the Third-Party Service Provider taking possession of the Golf Equipment at the Drop-Off Location. Services may not be cancelled, and a refund will not be offered, once the Golf Equipment is in the Third-Party Service Provider’s possession.
1.7 Delayed, Lost, and Damaged Golf Equipment. Customer assumes all risks associated with using the Services. Customer further acknowledges that Third-Party Service Providers will be used to ship, handle and deliver the Golf Equipment, and that Customer’s Golf Equipment may be lost or damaged while in-transit or may otherwise be delayed in reaching a Pick-Up Location (“Shipping Issue”). GET CLUBS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS, INJURIES OR HARM ARISING OUT OF OR RELATED TO ANY SHIPPING ISSUE AND CUSTOMER HEREBY RELEASES AND HOLDS HARMLESS GET CLUBS, GET CLUBS’S AFFILIATES AND ITS AND THEIR AGENTS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS (DEFINED BELOW) ARISING OUT OF OR RELATED TO ANY SHIPPING ISSUE. Nonetheless, Get Clubs agrees to use commercially reasonable efforts to assist Customer following a Shipping Issue; provided, however, such assistance will generally be limited to assisting Customer with their submission of their claim or complaint to the applicable Third-Party Service Provider following a Shipping Issue. To contact us, please call +1(866) 410-8238 or email us at: info@getclubs.com. For the avoidance of doubt, in no event shall Get Clubs be responsible for compensating Customer for any Shipping Issue, and Customer’s sole recourse will be through the Third-Party Service Provider. Get Clubs does not represent or warrant that the submission of a claim with a Third-Party Service Provider will result in a favorable outcome or action on Customer’s behalf.
1.8 Additional Terms. By entering into this Agreement, You acknowledge that the Services may be subject to terms and conditions established by our Third-Party Service Providers. Our Third-Party Service Providers currently include FedEx. For additional information, please click here. This Agreement is also subject to our Privacy Policy and Terms of Use and Service, which terms are hereby incorporated herein by this reference.
Article 2
REPRESENTATIONS OF CUSTOMER
2.1 Age and Authority. Customer is at least 18 years old and possesses the legal authority to enter into this Agreement.
2.2 Prohibited Items. Customer’s use of the Services will not result in the shipment of any Prohibited Items.
2.3 Compliance with Law. Customer’s use of the Services will comply in all material respects with applicable laws, rules and regulations.
Article 3
DISCLAIMERS, INDEMNIFICATION AND LIMITATION OF LIABILITY
3.1 Disclaimers. THE SERVICES ARE PROVIDED “AS IS”, AND GET CLUBS AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICES PROVIDED HEREUNDER BY GET CLUBS, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SERVICE PROVIDERS, AND DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIRD-PARTY SERVICE PROVIDERS PROVIDING SERVICES ON GET CLUBS’S BEHALF ARE NOT AGENTS OR EMPLOYEES OF GET CLUBS OR ITS AFFILIATES, AND GET CLUBS WILL NOT BE LIABLE FOR THE ACT OR OMISSIONS OF ANY THIRD-PARTY SERVICE PROVIDER OR ANY INJURIES, DAMAGES, COSTS OR CLAIMS ARISING OUT OF OR RELATED THERETO. YOU ACKNOWLEDGE THAT EXERCISING AND GOLF CAN BE A POTENTIALLY HAZARDOUS ACTIVITY WHICH INVOLVES RISK OF INJURY OR DEATH AND YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU HEREBY FREELY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY WHILE USING, TRANSPORTING, SHIPPING OR POSSESSING THE GOLF EQUIPMENT, INCLUDING BUT NOT LIMITED TO WHILE WALKING, SWINGING GOLF CLUBS AND PLAYING GOLF.
3.2 Indemnification. Customer will indemnify, defend (with counsel reasonably acceptable to Get Clubs), and hold harmless Get Clubs, its affiliates and its and their agents, directors, officers, managers, members, employees, consultants, successors, and assigns at Customer’s sole cost and expense from and against any and all claims, demands, suits, proceedings, investigations, and causes of actions and any and all losses, liabilities, fines, penalties, judgments, settlements, fees (including reasonable accountants’, attorneys’, and experts’ fees), expenses, or damages (regardless of form or theory) related thereto (each a “Claim” and collectively, the “Claims”), made, brought or threatened by a third party arising out of or related to: (i) Customer’s breach of any representation, warranty, covenant, term or other obligation of Customer under this Agreement; or (ii) an actual or alleged injury, illness, or death to any person or damage to property or other resulting loss or harm, that results or arises from Customer’s negligence, fraud or willful misconduct.
3.3 Limitation of Liability. IN NO EVENT SHALL GET CLUBS, GET CLUBS’S AFFILIATES AND ITS AND THEIR AGENTS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, SUCCESSORS AND ASSIGNS BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR THE COST OF SUBSTITUTE GOODS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL GET CLUBS, GET CLUBS’S AFFILIATES AND ITS AND THEIR AGENTS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY LOSS OF OR DAMAGE TO ANY CUSTOMER PRODUCTS OR GOODS (INCLUDING GOLF EQUIPMENT), FOR ANY DELAYS IN THE SHIPMENT OF ANY CUSTOMER PRODUCTS OR GOODS (INCLUDING GOLF EQUIPMENT) OR FOR THE SHIPMENT OF ANY PROHIBITED ITEMS, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL THE LIABILITY OF GET CLUBS, GET CLUBS’S AFFILIATES AND ITS AND THEIR AGENTS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, SUCCESSORS AND ASSIGNS TO CUSTOMER EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO GET CLUBS IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CONDUCT GIVING RISE TO THE LIABILITY OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE FIRST TO OCCUR OF: (i) THE TERMINATION OR EXPIRATION OF THIS AGREEMENT; OR (ii) THE EVENT GIVING RISE TO SUCH LIABILITY.
Article 4
MISCELLANEOUS
4.1 Class Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Parties to this Agreement waive their rights to litigate in a court any claims or disputes arising out of or relating to this Agreement as a class or on a collective action basis and agree that any claims or disputes must be on an individual basis. For the avoidance of doubt, this waiver shall also waive each Party’s right to participate in any class or collective action brought by any third-party.
4.2 Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
4.3 Section Headings. Section headings are inserted for convenience of reference only and shall not affect any construction or interpretation of this Agreement.
4.4 Waiver. Failure or delay by Get Clubs to enforce an obligation or exercise a right under this Agreement does not constitute a waiver of that obligation or right. Get Clubs reserves the right to seek any and all remedies available at law and in equity for violations of this Agreement.
4.5 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof.
4.6 Amendments. Get Clubs maintains the right to amend the terms of this Agreement at any time in Get Clubs’s sole discretion, with or without notice to Customer. Any amendments to this Agreement will be in writing, and the most up-to-date Agreement will be posted to getclubs.com at all times and Get Clubs may, in some instances, post a change notice. Your continued use of the Services will constitute binding acceptance of all changes to the Agreement.
4.7 Severability. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
4.8 Attorneys’ Fees. In the event Get Clubs institutes an action or proceeding to enforce this Agreement, and Get Clubs is found to be the prevailing party (as determined by the final judgment of a court of competent jurisdiction), Get Clubs shall be entitled to receive from Customer all reasonable out-of-pocket costs and expenses, including, without limitation, reasonable attorneys’ fees.
4.9 Governing Law and Jurisdiction. This Agreement shall be governed in all respects by the laws of the state of Nevada. Each Party hereby consents and submits to the jurisdiction of the federal or state courts located in Clark County, Nevada and expressly waives any right to challenge the venue and jurisdiction of any federal or state court located in Clark County, Nevada.
4.10 Force Majeure. Get Clubs shall not be deemed to be in default of this Agreement if its performance is delayed or prevented by acts of God, pandemic, public enemy, war, civil disorder, fire, flood, explosion, riot, labor disputes work stoppage or strike, any act or order of any governmental authority, or any other cause beyond the control of Get Clubs.
4.11 Term and Termination. This Agreement shall be effective from the date You make a purchase, use the Services or acknowledge this Agreement at the time of purchasing Services, and shall continue in full force and effect until the later of (i) You cancelling the Services; or (ii) such time that the Services have been completed.
4.12 Survival. Upon the termination or expiration of this Agreement, all rights, duties, and obligations of the Parties to one another shall cease, except for (i) all obligations of Customer to make payments to Get Clubs under this Agreement (ii) provisions where survival thereof is expressly provided therein, and (iii) Sections 1.5, 1.7, 3.1, 3.2, 3.3, 4.1, 4.2, 4.4, 4.8, and 4.9; each of which shall survive such termination or expiration.
Effective Date: December 5, 2025