Short-Term Rental Agreement
The following terms and conditions shall constitute the Rental Agreement (the “Agreement”) under which Worldwide Golf Shops LLC, a Delaware limited liability company (the “Lessor” or “We” / “Us”) shall rent golf equipment (“Rental Equipment”) to you (the “Lessee” or “You” / “Your”). Lessor and Lessee each a “Party” and together the “Parties”.
Please note that when You make a Reservation (as later defined), We will charge Your credit card for the amount due for the entire Rental Period (as defined below). By acknowledging this Agreement, You also authorize Us to charge Your credit card for any late, lost, stolen, broken, or non-returned equipment, and for all other amounts payable under the terms and conditions of this Agreement. As used herein and throughout this Agreement, “Reservation” shall mean Lessee’s request, via Lessor’s web portal located at www.getclubs.com (the “Website”), to rent the Rental Equipment for the Rental Period at the price specified therein.
By making a purchase, using the Rental Equipment, or acknowledging this Agreement at the time of Reservation, You are agreeing to the terms and conditions of this Agreement.
Article 1
THE RENTAL
1.1 Title. Title to and ownership of the Rental Equipment is and at all times shall remain with the Lessor, and Lessee shall not encumber, pledge, or otherwise seek to transfer to any third party any Lessor rights or interest in the Rental Equipment.
1.2 Subject to Availability. Lessor will use commercially reasonable efforts to provide Lessee with the Rental Equipment Lessee requests for the duration requested. However, due to factors unknown at the time the Reservation is made, such as, by way of example, Rental Equipment not being returned on time, insufficient lead time, or lost or stolen Rental Equipment, all Rental Equipment is subject to availability. If the Rental Equipment Lessee requests is unavailable during the time period requested on the Reservation, Lessor will contact the Lessee and the Parties shall agree to either (a) alternative Rental Equipment or (b) a refund of any pre-paid amounts and cancellation of the Rental Equipment request.
1.3 Rental Period. The Rental Period will begin either: (a) with respect to Rental Equipment to be picked-up at a Lessor Retail Location (defined below), on the date and at the time of scheduled Retail Location pick-up specified in the Reservation or (b) with respect to shipped Rental Equipment, on the first day of play specified on the Reservation (the “First Rental Day”) and will end either: (x) with respect to Rental Equipment originally picked-up at a Lessor Retail Location, on the date and at the time of scheduled Retail Location drop-off specified in the Reservation or (y) with respect to shipped Rental Equipment, on the first business day immediately following the last day of play specified on the Reservation (the “Last Rental Day”). By way of example and not limitation (and solely with respect to shipped Rental Equipment), if the last day of play specified on the Reservation is on a Saturday, the Last Rental Day for shipped Rental Equipment shall be the immediately following Monday. By no later than the Last Rental Day, Lessee shall ensure the Rental Equipment is picked up by the carrier specified by Lessor (the “Carrier”), dropped off by Lessee at a Carrier-staffed location, or returned to the Retail Location (as later defined). The “Rental Period” includes the First Rental Day, the Last Rental Day, and all days in between. The duration of any one (1) Rental Period shall not exceed one (1) calendar month in duration unless otherwise agreed to by Lessor in writing (email sufficient) in Lessor’s sole and absolute discretion.
1.4 Reservation Changes and Extension of Rental Period. Lessor will attempt to accommodate requested changes to the Reservation, including any extensions to the Rental Period. Any such changes are subject to availability and will be made at Lessor’s sole and absolute discretion.
1.5 Prices. All rental prices shall be as listed on the Website and are subject to change without notice until a rental purchase is completed on the Website.
1.6 Payments.
a. All rentals that Lessee makes through Lessor will be transacted by means of a valid credit card at the time of making a Reservation and/or purchase (the “Initial Payment”). Notwithstanding the foregoing, Lessee agrees that the Initial Payment is calculated based on the Rental Period specified in the Reservation and understands that if Rental Equipment is not picked up by the Carrier for return to Lessor, dropped off at a Carrier-staffed location for return to Lessor, or returned to a Retail Location (as later defined) by the Last Rental Day, Lessee will be charged an additional fee on a daily basis until the Rental Equipment is picked up by the Carrier for return to Lessor, dropped off at a Carrier-staffed location for return to Lessor, or returned to a Retail Location (as later defined). The additional daily fee will be equal to the Initial Payment divided by the total number of days in the Rental Period originally specified in the Reservation (the “Additional Daily Fee(s)”). Additional Daily Fees will be charged for up to thirty (30) days, after which the Rental Equipment will be deemed lost or stolen and Lessor will charge the No Return Charge (as defined below). Lessee hereby authorizes Lessor to charge Lessee’s credit card for the Initial Payment, Additional Daily Fees (as applicable), No Return Charge (as applicable), and any late, lost, stolen, or broken Rental Equipment, and for any other amounts payable under the terms and conditions of this Agreement. Lessor may also charge an authorization amount of up to Two Hundred and Fifty Dollars ($250) on Lessee’s credit card prior to shipping to cover missing or damaged Rental Equipment, which amount will be fully refunded to Lessee’s card upon return of the Rental Equipment to Lessor, provided that Lessor does not identify any missing or damaged Rental Equipment.
b. In addition to the Initial Payment and Additional Daily Fees, Lessor may charge Lessee’s credit card with the following additional charges, under the following circumstances:
i. Failure to Return the Rental Equipment: Lessee is obligated to return the Rental Equipment to Lessor on the Last Rental Day or upon demand if Lessor reasonably demands the return of the Rental Equipment sooner. Lessee’s failure to return the Rental Equipment to Lessor for any reason, including if the Rental Equipment was lost or stolen, may result in Lessor charging Lessee’s credit card an amount up to five (5) times the full retail price for the Rental Equipment (the “No Return Charge”), provided, however, for purposes of calculating the No Return Charge, Lessor will credit all Additional Daily Fees to the No Return Charge. In addition, nothing herein shall constitute a waiver of any available Lessor rights and remedies available under law, or prohibit Lessor from taking additional action, including but not limited to the filing of a police report, the filing of a civil action against Lessee, or other similar activities intended to permit Lessor to recover the Rental Equipment or recoup any losses caused by Lessee’s failure to return the Rental Equipment.
ii. Condition of Rental Equipment upon Return: Lessee is obligated to return the Rental Equipment to Lessor in the same condition, normal wear and tear from proper use excepted, as Lessor rented it to Lessee. If Lessee fails to do so, Lessor may charge Lessee’s credit card in a sum sufficient to fully restore the Rental Equipment to its condition at the start of the Rental Period. The amount Lessor charges for these repairs shall be in Lessor’s sole discretion. Such charges shall not, however, exceed five (5) times the retail price for the damaged Rental Equipment.
1.7 Delivery. Delivery to residences or unstaffed locations is not permitted. Rental Equipment shall only be delivered to location types described below.
a. Staffed locations where a person is present to receive delivery, such as hotels with a front desk attendant, golf course pro-shops, a Carrier-staffed location, or other staffed business locations. By providing an address of such a location in the Reservation, Lessee agrees that an employee of such staffed location may accept delivery and sign on Lessee’s behalf.
b. The retail location specified by Lessor on the Website and selected by Lessee at the time of Reservation (the “Retail Location”).
1.8 Acceptance.
a. Retail Location Rental Equipment: At the time of pick-up of the Rental Equipment by Lessee from a Retail Location, Lessee shall inspect the Rental Equipment for any incorrect, damaged, and/or missing items and shall immediately report the same to a representative of Lessor at the Retail Location. If Lessee does not report any incorrect, damaged and/or missing items at that time, the Rental Equipment shall be deemed correct, undamaged and complete at the time of pick-up by Lessee.
b. Shipped Rental Equipment: Upon delivery of the Rental Equipment to Lessee, Lessee shall inspect the Rental Equipment for any incorrect, damaged and/or missing items. Lessee shall have twenty-four (24) hours from delivery of the Rental Equipment to contact Lessor to report any incorrect, damaged or missing items, after which point the Rental Equipment shall be deemed correct, undamaged and complete at the time of delivery to Lessee.
By failing to report any incorrect, damaged and/or missing items as described in (a) or (b) above, Lessee shall be deemed to have found the Rental Equipment acceptable, and such Reservation shall thereafter be non-cancellable based on any of the foregoing reasons, unless otherwise agreed to in writing by Lessor.
1.9 Reservation Cancellations. Lessee may cancel this Agreement without penalty if cancelled at least five (5) business days prior to the First Rental Day Reservations cancelled less than five (5) business days prior to the First Rental Day will be charged a minimum of one-day’s Additional Daily Fee. Reservations may be cancelled online or by calling Lessor’s customer service number at (866) 410-8238.
1.10 Unused Rental Equipment. Rental Equipment that is delivered to a location, signed for, and not picked up by Lessee or delivered to a Retail Location during the Rental Period will be charged to Lessee for the full Rental Period. Lessee will be solely responsible for notifying the delivery location that they must open the Rental Equipment and read the Return Instructions in order to return the Rental Equipment to Lessor. For the avoidance of doubt, Lessee shall remain solely responsible for the return of the Rental Equipment pursuant to this Agreement and shall be solely liable for any charges associated with late or incomplete return of the Rental Equipment, including Additional Daily Fees.
1.11 Repossession of Rental Equipment. Lessor reserves the right to demand the return of the Rental Equipment, repossess the Rental Equipment, and take other reasonable action, including but not limited to the filing of a police report or civil action, to secure the prompt return of Rental Equipment from Lessee if the Rental Equipment is being used in a manner that violates applicable law, rule or regulation, violates the terms of this Agreement, or if the Rental Equipment appears to be abandoned, or if Lessee fails to return the Rental Equipment by the agreed upon Last Rental Day. Lessor reserves the right to charge Lessee for any accrued, but unpaid amounts due and owing to Lessor and for any out-of-pocket costs (including but not limited to attorneys’ fees) incurred by Lessor in connection with procuring the return of the Rental Equipment.
1.12 Additional Terms. 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
COVENANTS OF LESSEE
2.1 Age. Lessee is at least 18 years old and possesses the legal authority to enter into this Agreement.
2.2 Use of Rental Equipment. Lessee shall use the Rental Equipment solely for the purpose of playing golf and in compliance in all material respects with all laws, rules and regulations of every governmental authority having jurisdiction over the Rental Equipment or Lessee. Lessee agrees not to transport or use the Rental Equipment outside of the United States of America. Only Lessee or the person specified on the Reservation is authorized to use the Rental Equipment. Lessee will not permit the Rental Equipment to be used by any other person without the express written consent of Lessor. Lessee agrees not to abandon or relinquish possession of the Rental Equipment except to Lessor or Lessor’s agent. Lessee shall pay all costs, expenses, fees and charges incurred in connection with the use and operation of the Rental Equipment.
2.3 Return. Lessee shall return the Rental Equipment no later than the last Rental Day by way of one (1) of the following options:
a. By drop-off at any Carrier-staffed location.
b. By scheduling a pickup by the Carrier.
c. By returning to the Retail Location.
2.4 Risk of Loss; Damage or Casualty. With respect to the Rental Equipment covered under this Agreement, Lessee shall bear the risk of such Rental Equipment being damaged, lost, stolen, destroyed, condemned, confiscated, seized or expropriated or otherwise becoming permanently unfit or unavailable for use from any cause whatsoever. Accordingly, Lessee shall be obligated to return the Rental Equipment to Lessor in the same condition, normal wear and tear from proper use excepted, as Lessor rented it to Lessee.
2.5 Release and Hold Harmless. Lessee hereby and forever discharges, releases, and holds harmless Lessor, its successors, assigns, directors, managers, officers, and employees, from all claims, demands, damages, actions and causes of action whatsoever, which Lessee may now have or may hereafter have, due to Lessee’s use of the Rental Equipment.
2.6 Indemnity. Lessee will indemnify, defend (with counsel reasonably acceptable to Lessor), and hold harmless Lessor, its affiliates and its and their agents, directors, officers, managers, members, employees, consultants, successors, and assigns, all at Lessee’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) Lessee’s violation (by act or omission) of any applicable federal, state or local law, regulation, ordinance, or similar legal or regulatory requirement; (ii) Lessee’s breach of any representation, warranty, covenant, term or other obligation of Lessee under this Agreement; or (iii) an actual or alleged injury, illness, or death to any person or damage to property or other resulting harm, that results or arises from an action or inaction of Lessee.
2.7 Representations. Lessee will be financially responsible for all rentals and purchases from Lessor. All information supplied by Lessee will be true and accurate. Lessee understands that unique risks are involved in the game of golf and in using the Rental Equipment and Lessee hereby assumes such risks. Lessee possesses the skill, knowledge, and experience to use the Rental Equipment in a safe and proficient manner not reasonably expected to cause harm to Lessee or others or damage to the Rental Equipment (ordinary wear and tear excepted). Lessee will comply with all laws, ordinances, and governmental rules and regulations relating to the use of the Rental Equipment. Lessee will report to Lessor immediately any material damage to or loss of the Rental Equipment.
2.8 No Assignment. Lessee will not sell, assign, sublease or transfer any of Lessee’s interest in this Agreement or the Rental Equipment. Any such attempted sale, assignment, sublease or transfer is void and of no effect, and Lessor shall have the right to immediately repossess the Rental Equipment and assess any applicable charges as specified in this Agreement. Lessor may sell, transfer or assign its interest in this Agreement or the Rental Equipment without the consent of Lessee.
Article 3
WARRANTIES AND DISCLAIMERS
3.1 Warranties; Disclaimers. Lessor warrants and covenants to Lessee that Lessor has title to the Rental Equipment and is authorized to provide the Rental Equipment to Lessee as provided in this Agreement. The Parties agree that Lessor is neither the manufacturer of Rental Equipment, nor an agent of the manufacturer and that no warranty is given against evident or hidden defects in material, workmanship, or fitness for a particular purpose. Except for (i) the warranties set forth above and (ii) any implied or express warranties made by Lessor elsewhere herein, LESSEE RENTS THE RENTAL EQUIPMENT “AS IS” AND LESSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE RENTAL EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, OR OTHERWISE IN ANY RESPECT. WITHOUT LIMITING THE FOREGOING, LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LIABILITY, THIRD-PARTY CLAIM, OR DAMAGE OF ANY KIND (INCLUDING STRICT LIABILITY IN TORT) CAUSED DIRECTLY OR INDIRECTLY BY THIS AGREEMENT, ANY LEASE OR THE SELECTION, MANUFACTURE, POSSESSION, OWNERSHIP, USE, CONDITION, OR RETURN OF ANY OF THE RENTAL EQUIPMENT.
3.2 Limitation of Liability. The total liability of Lessor, its affiliates and its and their agents, directors, officers, managers, members, employees, suppliers, consultants, successors, and assigns for all claims, whether in contract, tort (including negligence and product liability), or otherwise, arising out of, or connected with, this Agreement shall not exceed the amount paid by Lessee to Lessor in the six (6) months immediately prior to the event giving rise to the claim. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, COST OF CAPITAL, CLAIMS FOR SERVICE INTERRUPTIONS, AND COSTS AND EXPENSES INCURRED IN CONNECTION WITH LABOR, OVERHEAD, TRANSPORTATION, INSTALLATION, OR REMOVAL OF RENTAL EQUIPMENT OR SUBSTITUTE SUPPLY SOURCES.
3.3 Class Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Parties to this Agreement irrevocably 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.
3.4 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.
Article 4
MISCELLANEOUS
4.1 Section Headings. Section headings are inserted for convenience of reference only and shall not affect any construction or interpretation of this Agreement.
4.2 Entire Agreement. This Agreement constitutes the entire agreement between Lessor and Lessee with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether oral or written with respect to such subject matter.
4.3 Amendments. Lessor maintains the right to amend the terms of this Agreement at any time in Lessor’s sole discretion, with or without notice to Lessee. The most up-to-date Agreement will be posted to the Website at all times, and Lessor may, in some instances, post a change notice. Your continued use of the website and rental services will constitute binding acceptance of all changes to the Agreement.
4.4 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.
4.5 Attorneys’ Fees. Should Lessor be required to institute any action or proceeding to enforce this Agreement, Lessor shall be entitled to receive from Lessee all reasonable out-of-pocket costs and expenses, including, without limitation, reasonable attorneys’ fees.
4.6 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.
4.7 Force Majeure. Lessor 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 Lessor.
4.8 Legal Relationship. The relationship between the Parties is that of independent entities. Nothing contained in this Agreement will be deemed to be construed by the Parties or any third party as creating a partnership, an agency relationship or joint venture between the Parties or any of their respective employees, representatives or agents.
4.9 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 Lessee to make payments to Lessor for any outstanding amounts due under this Agreement, (ii) provisions where survival thereof is expressly provided herein, and (iii) Sections 1.1, 1.6, 1.11, 2.5, 2.6, 3.2, 3.3, 3.4, 4.5, 4.6; each of which shall survive such termination or expiration.
4.10 Term and Termination. This Agreement shall be effective from the date You make a purchase, use the Rental Equipment or acknowledge this Agreement at the time of making a Reservation, and shall continue in full force and effect until such time that the Rental Equipment is returned to Us.
Effective Date: September 12, 2025