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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 

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Terms of Use and Service

Introduction

These Terms of Use and Service (as amended from time to time, “Terms” or “Agreement”) govern your access to and use of this Worldwide Golf Shops LLC (“Get Clubs”,  “Company”, “we”, “us”, or “our”) website (the “Website”), our online or mobile services or applications, stores, events, outings or trips, rewards programs, rental programs, shipping services, trade-in programs, sweepstakes or lotteries, and any other interaction with us in any way (collectively with the Website, “Services”).

This Agreement is a legally binding contract between you and Get Clubs regarding your use of the Services. By accessing the Website and Services, you indicate your acknowledgment and acceptance of the terms of this Agreement and the Privacy Policy, which is hereby incorporated by reference, including any changes or modifications to these agreements and/or policies that may be made by the Company from time to time.  The Website is not intended for residents of or visitors from or located in countries that are subject to the General Data Protection Regulation (“GDPR”). Our Services are also not targeted toward children under the age of sixteen (16).

You may not use the Services if you do not accept this Agreement. You accept the Agreement by using the Services or by otherwise clicking to accept or agree to the Agreement, where this option is made available to you by the Company in the user interface for any Service. Your continued use of the Services means you are consenting to any amendments to the Agreement, as described below. If you do not want to accept the Agreement, do not access, view or use any Services.

About Us

Our Company is one of the nation’s largest golf supply retailers with over 90 stores across the United States and is the owner of brands such as Roger Dunn Golf Shops, Edwin Watts Golf Shops, Golfer's Warehouse, The Golf Mart, Van's Golf Shops, Golfdom, Swing’Em Again Golf, Mike’s Golf Outlet, Golfdom and Uinta Golf. Our goal is to have our customers completely satisfied with their purchases, and our customer service staff is dedicated to providing complete customer satisfaction.

Our Company is an authorized dealer for major golf brands like Titleist, Ping, TaylorMade, Callaway, Adams, Bridgestone, Nike, Cobra, Srixon, Puma, Ashworth, Travis Mathew, Adidas, Ecco, FootJoy, Acushnet, Cleveland, Mizuno, Scotty Cameron and many more. We take pride in our huge selection of golf products, apparel and accessories.

Get Clubs is part of the Worldwide Golf Shops LLC family of brands and offers golfers of all skill levels the highest quality club rental experience. Get Clubs makes golf travel easy, by making available and delivering premium rental clubs or your clubs to any hotel, golf course or staffed business. Whether you are on vacation or traveling for business, we make it easy to get clubs where you need them, when you need them, so you can play your best game anywhere.

Club Rentals and Club Shipping

We offer several services to get you the clubs you need.  Whether you’re looking to get your own set of clubs shipped across the country for a destination golf trip or looking to borrow a set for a few days or a few months, we’ve got you covered.

Short Term Club Rentals:  First-time on the course? Hoping to try out the latest and greatest?  A short-term rental might be right for you.

Long Term Club Rentals: Sometimes you need a rental set for more than a few rounds.  Say no more. Our Long-Term Rental Club program gives you the chance to rent clubs for months at a time.    

Ship-For-You: Vacation in Hawaii?  Quick cross-country work trip with enough time to catch a quick 18?  You’ve already got the perfect set of clubs, but lugging them to the airport, hotel, and golf course can be pretty inconvenient.   With our Ship-For-You service, we handle the logistics and get your clubs from Point A to Point B and back again.

Our Short-Term Club Rental program, Long-Term Club Rental program, and Ship-For-You service are subject to their own separate terms and conditions, which you may access by clicking the appropriate link below, and which are incorporated herein by reference.  By making a Short-Term or Long-Term Club Rental or using our Ship-For-You service, you are agreeing to the applicable terms & conditions associated with such program or service.  

Hours of Operation

Monday-Friday: 10:00 a.m. to 5:00 p.m. PST

Saturday & Sunday: Closed

You may contact us via email at info@getclubs.com or by calling +1 (866) 410-8238.

Payment Methods

We accept most major credit cards, including: Visa, American Express, Discover, and MasterCard.  We also accept Shop Pay, Apple Pay and Google Pay. Unfortunately, we cannot accept checks, C.O.D. or money orders.

If you have any questions regarding your payment, feel free to send us an e-mail to info@getclubs.com.

Sales Tax

If you are purchasing from us, we will charge and collect sales tax in accordance with state and local laws. Generally, the tax rate is based on the type of product or service purchased and the location your purchase is shipped, delivered or picked up. Where sales tax is applicable, the order total during the checkout process reflects estimated sales taxes. The final sales tax charged on your order will be displayed in your order confirmation sent via e-mail. Shipping charges may also be subject to tax in certain states.

Product Availability

We do everything we can to ensure that the items shown on our Website are available at the time of your order and that you are able to get your order when you want it. We will promptly notify you via e-mail of when we expect to ship your order. At that time, if you wish to cancel or change your order, just let us know at info@getclubs.com.

Please Note: All orders are subject to acceptance by Get Clubs, and we reserve the right to reject and refuse delivery or shipment of any orders we suspect may be fraudulent, a violation of these Terms (including any additional terms incorporated herein by reference), or if we are unable to fulfill your order for other reasons. We also reserve the right to limit quantities of product when we deem necessary.

Pricing Policies

Get Clubs strives to constantly maintain accurate, competitive pricing on every item we offer. However, occasionally mistakes occur. If you feel there is a pricing error on our Website, feel free to contact us at info@getclubs.com. We will do everything we reasonably can to ensure your complete satisfaction.

Prices and product availability are subject to change without notice. If there is a price discrepancy on our Website, Worldwide reserves the right to not honor the price listed in error. We will commend those who point out the error and will consider a favorable resolution for helping us recognize the error.

Our Rights to Use Content

By accessing and using our Services, you grant us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content (defined below) that you make available, on any of our social media, Website, or on any third party website, media or forum relating to the Services, and in any form, format, or forum now known or hereafter developed. Get Clubs is, and will be, under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any Content. You grant to Get Clubs the right to use any name associated with any Content that you make available, but Get Clubs has no obligation to provide any attribution for any Content. “Content” means mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials). This Section should be read in conjunction with, and interpreted consistent with, our Privacy Policy. In the event there is a conflict between this Section and our Privacy Policy, the terms of our Privacy Policy shall control.

Disclaimers

Get Clubs makes every effort to ensure the accuracy of the information in our stores and on this Website. The content in our stores or on this Website may include some inaccuracies, typographical errors and/or omissions. As such, Get Clubs does not accept any responsibility for errors or omissions.

THIS GET CLUBS WEBSITE IS PROVIDED BY GET CLUBS ON AN "AS IS, AS AVAILABLE" BASIS. GET CLUBS MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR RELIABILITY OF THIS WEBSITE, THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THIS WEBSITE, OR THE QUALITY OR SAFETY OF ANY PRODUCTS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GET CLUBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, GET CLUBS DOES NOT WARRANT THAT THIS WEBSITE OR ITS CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Get Clubs makes every effort possible to display all product availability and variations (i.e., colors) for the items it sells, where applicable. We cannot control, however, the settings or computer monitor quality of our users. We cannot, therefore, guarantee the color you see on your monitor will be the exact color of the item offered for sale, where applicable.

Exercising and golf can be a potentially hazardous activity which involves a risk of injury to any and all parts of the user’s body and potentially even death. By purchasing or using any golf products or services from our Website, or by following any golf-related advice or tips found on our Website, you hereby freely and expressly assume and accept any and all risks of injury while walking, swinging golf clubs and playing golf.

Intellectual Property

Except as expressly provided herein, no license, right, title, or interest in or to any of our Intellectual Property (defined below) is transferred to you as a result of your use of the Services or your accessing, viewing, downloading, or printing of any materials from the Website. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use our Services, but solely for personal, non-commercial purposes. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Websites without our prior written consent. The Website may be used only as a golf product and service shopping resource . Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Websites is strictly prohibited. For the avoidance of doubt, Get Clubs is the exclusive owner of the Content and third-parties are expressly prohibited from utilizing automated programs, software or any other method of screen scraping to retrieve Content from or on our Website and using such Content for any commercial purpose.  “Intellectual Property” means any of our copyrights and other rights associated with works of authorship, trade secrets and other confidential information, patents, patent disclosures and all rights in inventions (whether patentable or not), trademarks, trade names, internet domain names, and registrations and applications for the registration thereof together with all of the goodwill associated therewith, all other intellectual and industrial property rights of every kind and nature throughout the world and however designated, whether arising by operation of law, contract, license, or otherwise, and all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in effect.

Limitation of Liability; Indemnification

To the maximum extent permitted by applicable law, Get Clubs will not be liable or responsible for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of or damage to property, or damages for loss of profits, revenue, or data, however caused, and regardless of cause of action or theory of liability (even if advised of the possibility of such damages), arising out of, or resulting from, your access to or use of the Services. By using the Services, you (or, if you are a minor, your parent or legal guardian) willingly and knowingly consent and agree to the foregoing.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU  AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) TO INDEMNIFY, DEFEND AND HOLD HARMLESS GET CLUBS AND ITS RESPECTIVE SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, MANAGERS, VENDORS, DISTRIBUTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, REPRESENTATIVES, AND AGENTS  FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF YOUR USE OF OR ACCESS TO THE SERVICES OR BREACH OF THESE TERMS.

If Get Clubs is found to be liable to you in any manner, or if any of the foregoing limitations on liability are found by a court of competent jurisdiction to be invalid or unenforceable, then our aggregate liability for all claims under such circumstances shall not exceed the value of the lesser of (i) the amount paid by you to Get Clubs during the 6-month period preceding the date the liability accrued; or (ii) $100.

Class Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the parties to these Terms waive their rights to litigate in a court any claims or disputes arising out of or relating to these Terms as a class or on a collective action basis and agree that any claims or disputes must be on an individual basis.

Third Party Links

Our Website contains links to or may interact with third party sites that we do not own, operate or control. Such links or functionality are provided for convenience and are not an endorsement from us. Use of these links will cause you to leave our Website. Get Clubs is not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site.

How to Contact Us

If you have any questions or comments, please contact us via email at: info@getclubs.com or by mail at the following address: Get Clubs, 4800 Hampden Lane, Suite 900, Bethesda, MD 20814. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

If you prefer to call us, please feel free to reach out toll-free at +1 (866) 410-8238.

Amendments

We maintain the right to amend the terms of this Agreement at any time in our sole discretion, with or without notice to you. Our most up-to-date Terms will be posted to this page at all times and we may, in some instances, post a change notice. Your continued use of the Website and Services will constitute binding acceptance of all changes to these Terms.

Other

This Agreement makes up the entire, complete, and exclusive agreement between the parties regarding the Company and Services, and supersedes prior agreements, representations and understandings, whether oral, written or established by custom, practice, policy or precedent.

Failure or delay by the Company to enforce an obligation or exercise a right under this Agreement does not constitute a waiver of that obligation or right. The Company reserves the right to seek any and all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular internet address to the Websites.

If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable by a court of competent jurisdiction for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them and the remainder of the Terms shall remain in full force and effect.

Any waiver of this Agreement must be made in writing and signed by a duly authorized representative of the Company.

All of the Company’s rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

You agree to resolve any claim, charge, investigation, cause of action or dispute (“Claim”) against the Company and/or its affiliates, subsidiaries, officers, directors, managers, employees or agents, arising out of or relating to this Agreement exclusively in a state or federal court located in Clark County, Nevada, United States of America, regardless of your country of origin or access point of the Services. The laws of the State of Nevada will govern this Agreement, as well as any Claim that might arise between you and the Company, without regard to conflict of law provisions. You agree to be subject to the personal jurisdiction of the courts sitting in the State of Nevada, in the event that any litigation results concerning any aspect arising out of your use of the Website. You agree that any Claim against the Company shall be brought within one year from when the Claim arose. Any Claims not brought within such period of time shall be deemed waived. Your access to and use of the Website is subject to your compliance with all applicable law. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. Notwithstanding the above, you agree that the Company shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

If the Company or its affiliates take action to enforce this Agreement, such parties shall be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and court costs, in addition to any other relief, at law or in equity, to which such parties may be entitled.

The Company reserves all rights not expressly granted to you herein.

Last updated September 12, 2025

Ship For You Service 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 

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