Terms and Conditions

Section 1 — Platform Overview & Definitions

1.1 Platform Overview

GolfClubsNow ("GolfClubsNow", the "Platform", "we", "us", or "our") operates an online marketplace that enables individuals ("Caddies") to offer golf clubs ("Equipment") for temporary lease to other individuals ("Players") within specified regional service areas. The Platform facilitates listing, discovery, booking, payment processing, insurance administration, and certain logistics features but does not itself own, manufacture, maintain, or operate any Equipment listed by Caddies.

1.2 Role of the Platform

GolfClubsNow provides digital tools, communication functionality, payment and payout facilitation through third-party payment processors, and integrated insurance coverage. The Platform acts solely as a facilitator and is not a party to any lease agreement directly between Caddies and Players. All lease agreements are formed exclusively between the relevant Caddie and Player.

1.3 Geographic Coverage

At launch, GolfClubsNow services are provided exclusively within the greater Phoenix, Arizona region. Users acknowledge that bookings, scheduling, and insurance coverage are valid only within designated service areas as published by the Platform and subject to update.

1.4 Community Terminology

For the purposes of these Terms and associated Policies:

• "Caddie" means the owner of Equipment who lists such Equipment on the Platform for temporary lease.
• "Player" means the individual who books Equipment for temporary use through the Platform.
• "Equipment" refers to golf clubs and related golf equipment approved for listing and use through the Platform.
• "Booking" means a confirmed reservation of Equipment by a Player.
• "Lease Period" means the start and end time during which the Player is authorized to possess and use the Equipment.
• "Service Areas" means geographic zones in which the Platform permits Bookings and provides logistics and insurance coverage.

1.5 Payment & Payout Facilitation

The Platform utilizes integrated third-party payment processing services (e.g., Stripe Connect) to facilitate payments from Players and payouts to Caddies. Users agree to comply with all onboarding, verification, and compliance requirements imposed by the payment processor.

1.6 Insurance Coverage

As a condition of Platform participation, all eligible Bookings include Platform-provided insurance coverage during the Lease Period. Insurance protects against certain qualifying losses, subject to coverage limits, exclusions, deductibles, and claims procedures described in the Insurance Policy Addendum. Insurance does not replace or supplement a Player's general liability or personal insurance.

1.7 Logistics & Hand-Off Options

The Platform may enable multiple Equipment hand-off and return methods, including:

• (a) Caddie meets Player;
• (b) Player pickup from Caddie-designated location;
• (c) Caddie delivery; and/or
• (d) Drop-off return zones.

Hand-off options vary by Caddie listing, location, and Platform availability.

1.8 Modifications and Updates

GolfClubsNow may update Platform features, service areas, policies, and these Terms with or without notice to enhance functionality, safety, compliance, or business operations. Continued use of the Platform constitutes acceptance of the most current version of these Terms.

Section 2 — User Eligibility & Account Requirements

2.1 Eligibility Requirements

To use the Platform as a Caddie or Player, individuals must:

• (a) Be at least 18 years of age;
• (b) Have the legal capacity to enter into binding contracts;
• (c) Possess a valid government-issued identification; and
• (d) Comply with all applicable local, state, and federal laws.

GolfClubsNow may request identity verification at any time to confirm Platform eligibility.

2.2 Regional Use Requirement

The Platform is currently available only within the greater Phoenix, Arizona region. Users agree not to perform Bookings, transfers, or hand-offs outside designated service areas without explicit Platform authorization.

2.3 Account Registration

To access Platform services, Users must create an account and provide accurate, complete, and up-to-date information. Required registration information may include:

• Legal name
• Date of birth
• Email address
• Phone number
• Billing/payment method
• Payout details for Caddies (via Stripe Connect onboarding)

Failure to maintain current and accurate information may result in account suspension or termination.

2.4 Identity & Compliance Verification

GolfClubsNow and/or its authorized vendors (including payment processors and insurance partners) may require Users to provide identity, payment, or claim-related documentation. This may include government-issued ID, billing authorization, and insurance claim data. Users agree to comply promptly with such requests.

2.5 Account Security & Responsibility

Users are responsible for maintaining the confidentiality of their login credentials and all activity conducted under their account. Users agree to notify the Platform immediately if they suspect unauthorized access. GolfClubsNow is not liable for losses arising from unauthorized account usage.

2.6 Multiple Accounts Prohibited

Each individual may maintain only one Player account and one Caddie account. Duplicate or fraudulent accounts may be suspended or permanently removed at the Platform's discretion.

2.7 Background Screening (If Applicable)

GolfClubsNow reserves the right, but has no obligation, to conduct background screenings or compliance checks using third-party providers. Such screenings may include identity verification, fraud risk assessment, and insurance eligibility checks. The Platform does not guarantee the identity, intentions, or behavior of any User.

2.8 User Conduct Requirements

Users agree not to use the Platform to:

• (a) Violate laws or regulations;
• (b) Engage in fraud, deception, or misrepresentation;
• (c) Harm, damage, misuse, or steal Equipment or Platform property;
• (d) Circumvent fees or policies;
• (e) Interfere with Platform operations or security; or
• (f) Abuse, harass, or harm others, including Caddies, Players, or Platform personnel.

Violations may result in account suspension, termination, financial recovery, and/or legal action.

2.9 Account Suspension & Termination

GolfClubsNow may suspend or terminate accounts for violations of these Terms, fraud suspicion, insurance issues, non-payment, expired identity credentials, or unlawful activity. Users may terminate their accounts at any time; however, outstanding financial, insurance, or claims obligations survive account closure.

Section 3 — Listing Rules for Caddies

3.1 Listing Eligibility

To list Equipment on the Platform, Caddies must:

• (a) Legally own the Equipment;
• (b) Be authorized to lease the Equipment; and
• (c) Have a compliant Caddie account in good standing.

Caddies may only list Equipment located within designated service areas at the time of Booking.

3.2 Equipment Standards

All Equipment listed must meet the following standards:

• (a) Equipment must be golf clubs or golf-related equipment explicitly permitted by the Platform;
• (b) Equipment must be clean, functional, and safe for use;
• (c) Equipment must include the components described in the listing (e.g., specified set composition);
• (d) Equipment must not be counterfeit, stolen, or subject to third-party claims.

GolfClubsNow reserves the right to deny or remove listings that do not meet platform standards.

3.3 Listing Content Requirements

Listings must accurately describe Equipment condition, components, brand/model, and hand-off options. Required fields may include:

• Brand & model
• Shaft type & flex
• Set configuration (e.g., 4-PW + wedges)
• Condition rating
• Availability calendar
• Hand-off/return method(s)
• Pricing

Caddies may not provide false, misleading, or incomplete information.

3.4 Pricing & Fees

Caddies may set their own Equipment lease price subject to:

• (a) Minimum pricing thresholds;
• (b) Platform service fees; and
• (c) Applicable taxes and surcharges.

By listing Equipment, Caddies authorize the Platform to: (i) Display pricing to Players; (ii) Collect payments on their behalf; and (iii) Disburse payouts via Stripe Connect.

3.5 Hand-Off & Return Methods

Caddies may offer one or more Platform-supported logistics methods, including:

• (a) Caddie meets Player;
• (b) Player pickup at Caddie location;
• (c) Caddie delivery; and/or
• (d) Platform-approved drop-off zones.

Availability of methods may vary by region and platform feature set.

3.6 Availability & Calendar Accuracy

Caddies must maintain accurate availability calendars. Accepting a Booking and subsequently failing to deliver Equipment constitutes a service violation and may result in:

• (a) Booking cancellation;
• (b) Refunds to the Player;
• (c) Financial penalties;
• (d) Listing suspension; and/or
• (e) Account removal.

3.7 Equipment Verification & Photos

GolfClubsNow may require photographic verification of Equipment prior to listing approval or claims handling. Required documentation may include:

• (a) Serial numbers (if applicable);
• (b) Photos showing brand/model markings;
• (c) Photos showing condition and components.

Failure to comply may limit listing eligibility or insurance benefits.

3.8 Condition Disclosure

Caddies must disclose known defects or wear that could affect Player safety or usage, including but not limited to:

• Shaft cracks or bends
• Loose heads
• Grip tears
• Missing components
• Bag or zipper failures (if included)

Non-disclosure of material defects may limit or void insurance protections and may subject the Caddie to financial responsibility.

3.9 Maintenance & Safety

Caddies are responsible for maintaining Equipment in safe operating condition. The Platform does not provide maintenance services or inspections and makes no warranties regarding Equipment safety or suitability.

3.10 Prohibited Equipment

Caddies may not list Equipment that is:

• (a) Damaged in a way that affects safety;
• (b) Illegal to sell, lease, or possess;
• (c) Owned by a third party without authorization;
• (d) Stolen, counterfeit, or fraudulent.

GolfClubsNow may remove such listings and notify relevant authorities where appropriate.

3.11 Insurance Enrollment Requirement

All active Bookings are subject to Platform-provided insurance coverage. Caddies acknowledge and agree that:

• (a) Insurance coverage is mandatory;
• (b) No security deposit is collected from Players;
• (c) Claims are subject to policy terms, limits, and exclusions;
• (d) Caddies must cooperate with claims investigations.

Insurance coverage does not guarantee payout for non-covered events.

3.12 Cancellation Responsibilities

Caddies may cancel Bookings subject to Platform cancellation policies. Excessive cancellations may result in reduced listing visibility, financial penalties, or account restrictions.

3.13 Liability for Misuse

Caddies agree not to bypass the Platform by:

• (a) Transacting off-platform;
• (b) Soliciting Players for direct payment;
• (c) Circumventing fees or insurance protections.

Such conduct may result in account termination and financial recovery actions.

Section 4 — Booking Rules for Players

4.1 Booking Eligibility

To book Equipment as a Player, Users must: (a) Have a verified Player account in good standing; (b) Agree to all Platform policies and insurance terms; (c) Provide a valid payment method; and (d) Meet any additional requirements imposed by the Platform.

4.2 Booking Process

A Booking is confirmed when: (a) The Player submits a Booking request; (b) The Platform confirms availability; and (c) Payment authorization is successfully captured.

Upon confirmation, a legally binding lease agreement is formed between the Player and the Caddie.

4.3 Payment Authorization

By submitting a Booking request, Players authorize the Platform to: (a) Charge the listed Booking amount; (b) Charge applicable service fees, taxes, and insurance premiums; (c) Charge additional amounts for damages, late returns, loss, or other policy-triggered costs.

Charges are processed through Stripe Connect or another approved payment provider.

4.4 Use of Equipment

Players agree to: (a) Use Equipment solely for standard golf-related activities; (b) Avoid misuse, abuse, or negligent operation; (c) Comply with course rules and safety guidelines; (d) Prevent theft, vandalism, or unauthorized use by third parties.

Unauthorized or improper use may void insurance coverage and result in financial liability.

4.5 Pickup, Delivery & Return

Players must adhere to the chosen hand-off and return method for each Booking, which may include: (a) Caddie meets Player at agreed location; (b) Player picks up at Caddie-designated location; (c) Caddie delivery; (d) Platform-approved drop-off zone.

Players are responsible for verifying condition and completeness of Equipment at hand-off and return.

4.6 Inspection Requirement

Players must inspect Equipment at hand-off and notify the Caddie of any visible defects, missing components, or safety concerns prior to departing. If the Player departs without objection, Equipment is deemed delivered in acceptable condition.

4.7 Care, Control & Custody During Lease Period

From the moment of hand-off until the moment of confirmed return, Players are responsible for: (a) The condition of Equipment; (b) Secure transportation and storage; (c) Preventing loss, theft, or environmental damage; (d) Protecting Equipment from misuse by third parties.

Insurance coverage applies only during the Lease Period as defined in the Booking.

4.8 Return Requirements

Players must return Equipment: (a) On or before the scheduled return time; (b) Using the agreed return method; (c) In substantially the same condition as received, normal wear and tear excepted.

Failure to return Equipment properly may result in additional charges.

4.9 Late Returns

Late returns may incur fees, including but not limited to: (a) Hourly or daily late fees; (b) Additional insurance charges; (c) Replacement value charges if return is not made within designated grace periods.

Repeated late returns may result in suspension of Player account privileges.

4.10 Damage, Loss & Theft

Players must report damage, loss, or theft immediately to both the Platform and the Caddie. Insurance coverage may apply subject to policy terms, limitations, and exclusions. Players may be financially responsible for: (a) Non-covered damages; (b) Excluded causes of loss; (c) Deductibles (if applicable); and (d) Negligent or intentional damage.

4.11 Prohibited Conduct

Players may not: (a) Sublease Equipment; (b) Modify, alter, or permanently mark Equipment; (c) Transport Equipment outside approved geographic areas; (d) Use Equipment for commercial or tournament rental purposes without consent; (e) Attempt to bypass Platform payments or policies.

Violations may result in suspension, termination, or legal action.

4.12 Booking Cancellations & Modifications

Players may cancel or modify Bookings in accordance with Platform-defined cancellation policies, which may be based on notice periods and refund eligibility. Certain cancellations may be non-refundable.

4.13 No Off-Platform Transactions

Players agree not to solicit or engage in Equipment transactions outside the Platform. Off-platform transactions circumvent insurance protections and fee structures and may result in account suspension.

Section 5 — Payments, Fees, Payouts & Insurance

5.1 Payment Overview

All payments on the Platform are processed via approved third-party payment processors, including Stripe Connect. By participating as a Caddie or Player, Users authorize the Platform and its processors to charge and remit funds in accordance with these Terms.

5.2 Player Charges

Players must pay all applicable charges at the time of Booking, including:

• (a) Rental Rate — set by the Caddie
• (b) Service Fee — collected by GolfClubsNow for platform operation
• (c) Insurance Fee — mandatory, funding coverage under the GolfClubsNow Insurance Program
• (d) Delivery or Logistics Fees — if applicable
• (e) Applicable Taxes — local, state, or federal

All payments are final upon authorization unless otherwise addressed under Section 5.7 (Refunds & Adjustments).

5.3 Caddie Payouts

Caddies will receive payouts for completed Bookings as follows:

Payout = Rental Rate – Service Fees – Insurance Fee Allocation (if applicable)

Payouts are remitted via Stripe Connect to the Caddie's verified account after:

• Confirmation of Equipment return,
• Verification of condition by the Platform, and
• Completion of any pending claims or disputes.

The Platform reserves the right to delay payouts for compliance, claims investigation, or other operational reasons.

5.4 Timing of Payouts

Unless otherwise communicated, payouts are typically released 24–48 hours after the end of the Lease Period. Delays may occur due to:

• Damage or loss claims,
• Disputes between Caddie and Player,
• Regulatory, insurance, or compliance reviews.

5.5 Insurance Fee & Coverage

All Bookings include mandatory Platform-provided insurance, administered through the GolfClubsNow Insurance Program. Coverage applies only during the Lease Period and protects against certain qualifying losses, subject to the following:

5.5.1 Coverage Scope

• Accidental Damage: Includes breakage of club heads, shafts, or grips.
• Theft by Third Parties: Applies if reasonable precautions were taken by the Player.
• Damage During Transit: Only for approved delivery methods facilitated by the Platform or Caddie.
• Weather-Related Damage: Sudden and unforeseen events only.

5.5.2 Exclusions

Insurance does not cover:

• Intentional or reckless damage,
• Cosmetic wear and tear,
• Non-return or abandonment,
• Use outside the Lease Period,
• Unauthorized modifications,
• Equipment misused for non-golf activities,
• Personal injury or third-party property damage.

5.5.3 Claim Process

• Caddies must submit claims within 48 hours of Equipment return, including photos, written descriptions, Booking ID, and repair estimates.
• GolfClubsNow investigates and determines claim eligibility at its sole discretion.
• Reimbursements are limited to documented repair, fair market value, or replacement value, whichever is lower.
• Players authorize the Platform to recover uninsured losses via their payment method.

5.6 Player Responsibilities (Insurance-Related)

Players agree to:

• Use Equipment solely for golf-related activities;
• Secure Equipment against theft, loss, or damage;
• Return Equipment on time via the agreed hand-off method;
• Report damage or theft immediately.

Failure to comply may result in loss of insurance coverage and financial liability.

5.7 Refunds & Adjustments

Refunds or adjustments may be issued solely through the Platform and are subject to:

• Cancellation policies selected by Caddies,
• Timing of Player cancellation,
• Damage, loss, or insurance claims.

The Platform has sole discretion in approving or denying any refund or adjustment.

5.8 Taxes

Caddies and Players are responsible for reporting and paying all applicable taxes. The Platform may collect and remit taxes where legally required and Users agree to provide necessary information.

5.9 Payment Disputes & Off-Platform Prohibition

• All payment disputes must be resolved through the Platform.
• Unauthorized chargebacks, off-platform transactions, or fee circumvention may result in suspension, account termination, and legal recovery.

5.10 Risk of Loss & Transfer

Risk of loss of Equipment is governed by the hand-off method:

• Caddie Meets Player (in-person): Risk transfers at physical handoff.
• Unattended Pickup or Drop-Off: Risk transfers when the Player confirms pickup in the Platform (via timestamp/photo verification/QR Code scan).

Players are financially responsible for all loss or damage occurring while Equipment is in their possession, subject to insurance coverage.

5.11 Liability & Indemnification (Payment & Insurance Context)

• Insurance coverage does not replace or limit Players' obligations to return Equipment in acceptable condition.
• Players and Caddies indemnify GolfClubsNow against claims arising from damage, misuse, or payment disputes.
• GolfClubsNow is not responsible for payment defaults, delayed payouts, or partial reimbursements beyond insurance limits.

Section 6 — Booking Cancellations, Modifications & Refunds

6.1 Cancellation Policies Overview

Caddies may select a cancellation policy for each Booking from the Platform-defined options. Players agree to each listing's cancellation policy at the time of Booking. Available policies may include:

• Flexible: Players may cancel up to 48 hours before the Lease Period for a full refund.
• Moderate: Players may cancel up to 24 hours before the Lease Period for a full refund.
• Strict: Players receive a partial refund if booking reservation is 1+ days and no refund for cancellations less than 24 hours before the Lease Period.

The Platform may adjust or add policies over time. Caddies must display their selected policy clearly on each listing.

6.2 Player-Initiated Cancellations

Players may cancel a Booking through the Platform. Refund eligibility depends on:

• The Caddie-selected policy;
• Timing of the cancellation relative to the Lease Period;
• Any incurred delivery or logistics costs;
• Platform discretion for exceptional circumstances.

Refunds will be processed exclusively through the Platform. Off-platform agreements or reimbursements are prohibited.

6.3 Caddie-Initiated Cancellations

Caddies may cancel Bookings under circumstances including, but not limited to:

• Equipment unavailability or damage prior to the Lease Period,
• Safety concerns,
• Verified emergencies.

Caddie cancellations may result in:

• Refunds to the Player,
• Reduced listing visibility,
• Platform-assessed penalties for repeated cancellations.

6.4 Modifications

Players may request modifications to the Lease Period or hand-off method prior to Booking confirmation. Once a Booking is confirmed:

• Modifications require Caddie approval.
• Platform approval may be required for logistical changes, insurance recalculations, or payment adjustments.
• Unapproved modifications are not binding.

6.5 Refund Calculations

Refunds are calculated according to the applicable cancellation policy and include:

• Deduction of Platform Service Fees (if specified),
• Insurance Fee adjustments (coverage remains during canceled Lease Period if charged),
• Delivery/logistics fees (if applicable).

The Platform reserves the right to partially or fully withhold refunds where:

• Player abuse, fraud, or policy violation is identified,
• Equipment is not returned or is damaged,
• Disputes are under investigation.

6.6 Late Cancellations

Cancellations made after the time limits specified in the Caddie's selected policy may result in:

• Partial or zero refund to the Player,
• Automatic dispute resolution through Platform mechanisms,
• Potential insurance implications for loss coverage.

6.7 No-Show or Failure to Return

Players failing to pick up or return Equipment as scheduled are considered in breach of Booking:

• Late pickup may be treated as a canceled Booking with applicable fees.
• Failure to return Equipment triggers insurance claims and/or direct Player liability for replacement value.
• Repeated no-shows may result in Platform suspension or termination.

6.8 Platform Discretion

GolfClubsNow reserves the right to:

• Adjust refund amounts in extenuating circumstances,
• Override standard cancellation policy in favor of dispute resolution,
• Protect Caddies and Players from financial harm due to misuse or miscommunication,
• Implement automatic adjustments to future bookings or payouts based on historical behavior.

6.9 Binding Agreement

All cancellations, modifications, and refund requests processed through the Platform constitute a legally binding amendment to the original Booking between the Player and the Caddie. Players and Caddies agree to abide by the Platform's final determination.

Section 7 — Equipment Care, Damage & Claims

7.1 Equipment Care Responsibilities

Players are responsible for the care and custody of Equipment during the Lease Period. Players must:

• Use Equipment only for standard golf-related activities.
• Handle Equipment carefully to prevent accidental damage, theft, or loss.
• Secure Equipment when unattended (e.g., in vehicles, lockers, or drop-off zones).
• Avoid modification, alteration, or misuse of Equipment.
• Inspect Equipment upon handoff and report any pre-existing damage to the Caddie via the Platform.

Caddies are responsible for:

• Providing Equipment in safe, functional condition, free from defects that could cause injury or damage.
• Accurately representing Equipment condition, components, and specifications in the listing.
• Documenting Equipment condition prior to and after each Booking (photos recommended).

7.2 Risk of Loss & Transfer

Risk of loss of Equipment transfers according to the hand-off method:

• Caddie Meets Player (in-person): Risk transfers at physical handoff.
• Unattended Pickup or Drop-Off: Risk transfers when the Player confirms pickup in the Platform (timestamp/photo verification).

Players are financially responsible for all loss, theft, or damage occurring while Equipment is in their custody, subject to coverage under the GolfClubsNow Insurance Program.

7.3 Reporting Damage, Loss, or Theft

Players must immediately notify both the Caddie and the Platform if Equipment is:

• Damaged, broken, or stolen;
• Lost or missing during transit, storage, or use;
• Suspected to have been subjected to misuse or abuse.

Failure to timely report may limit insurance coverage and result in direct Player liability.

7.4 Insurance Claims Process

Submission: Caddies submit claims via the Platform within 48 hours of Equipment return, including:

• Photos of damage,
• Written description of incident,
• Booking ID,
• Repair estimates or documentation,
• Police report if theft is claimed.

Investigation: The Platform may:

• Contact the Player for statements,
• Verify photos and timestamps,
• Review messages or metadata on the Platform,
• Consult third-party repair or appraisal sources.

Determination: The Platform evaluates claims based on compliance with Policy terms, evidence submitted, applicable exclusions, and reasonable valuation of Equipment. All determinations are final and binding.

7.5 Valuation of Equipment

Reimbursement for covered claims will generally be based on the lesser of:

• Documented repair cost,
• Fair market value of Equipment,
• Replacement cost, where repair or valuation is not feasible.

Fair market value considers brand, model, age, condition, and resale data from industry sources.

7.6 Player Financial Responsibility

Players remain liable for:

• Loss, damage, or theft not covered by insurance,
• Costs arising from excluded causes,
• Intentional or reckless damage,
• Failure to return Equipment.

The Platform may charge the Player's authorized payment method for such amounts.

7.7 Platform Discretion

The Platform reserves the right to:

• Adjust claims outcomes in extenuating circumstances,
• Recover uninsured amounts from Players,
• Deny claims where misuse, abuse, or policy violations occur,
• Withhold future payouts until claims are resolved.

7.8 Maintenance & Safety

Caddies are solely responsible for the maintenance and safety of Equipment. The Platform does not perform maintenance or safety inspections and makes no warranties regarding Equipment safety or suitability.

7.9 Documentation

Caddies are encouraged to maintain:

• Photos and records of Equipment condition before and after each Booking,
• Serial numbers or unique identifiers,
• Any communications related to damage or disputes.

Such documentation supports timely and accurate claims resolution.

Section 8 — Liability, Disclaimers & Indemnification

8.1 Limitation of Platform Liability

To the maximum extent permitted by law, GolfClubsNow is not liable for any:

• Loss, damage, or theft of Equipment;
• Personal injury or property damage to Players, Caddies, or third parties;
• Delays, cancellations, or failures in Equipment delivery, hand-off, or return;
• Payment processing errors or delays;
• Misrepresentation or misconduct by Caddies or Players;
• Losses arising from insurance claims being denied or partially covered;
• Indirect, consequential, special, punitive, or incidental damages.

The Platform's total aggregate liability to any User, whether in contract, tort, negligence, or otherwise, shall not exceed the total fees collected by the Platform from that User in the preceding 12 months.

8.2 Equipment Use & Risk Acknowledgment

Players acknowledge that:

• GolfClubsNow does not guarantee Equipment safety, performance, or suitability.
• Participation in golfing activities carries inherent risks, including injury.
• Players assume all risk associated with Equipment use outside the scope of the Platform-mandated insurance coverage.

Caddies acknowledge that:

• The Platform does not guarantee the safety, condition, or usage of Player-provided Equipment.
• Responsibility for Caddie-owned Equipment remains with the Caddie, subject to insurance claims provisions.

8.3 Indemnification

Users agree to indemnify, defend, and hold harmless GolfClubsNow, its affiliates, officers, directors, agents, and employees from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Their use or misuse of the Platform or Equipment;
• Violation of these Terms, Policies, or applicable law;
• Damage, injury, or loss caused by the User to third parties or their property;
• Any off-platform transactions or circumvention of Platform rules;
• Breach of insurance obligations or misrepresentation of Equipment condition.

8.4 Third-Party Services

The Platform may integrate with third-party services (e.g., payment processors, insurance administrators, logistics providers). GolfClubsNow is not responsible for the actions, omissions, or errors of these third parties. Users must comply with all third-party terms and conditions, which supplement Platform policies.

8.5 Disclaimer of Warranties

The Platform is provided "as is" and "as available", without warranties of any kind, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose;
• Accuracy, reliability, or timeliness of listings or information;
• Uninterrupted or error-free operation;
• Safety, security, or suitability of Equipment.

8.6 Enforcement & Survival

The limitations of liability, disclaimers, and indemnification provisions survive the termination or suspension of Platform accounts, completion of Bookings, or expiration of Policies.

Users acknowledge that these provisions are essential to the risk-sharing model of the Platform and that the fees collected from Players and Caddies are calculated accordingly.

Section 9 — Dispute Resolution & Governing Law

9.1 Informal Resolution

Users agree to first attempt to resolve disputes informally by contacting GolfClubsNow through the Platform support channels.

• The Platform will make reasonable efforts to mediate conflicts between Caddies and Players, including issues related to Bookings, payments, claims, or insurance.
• Informal resolution is not binding, but is encouraged before initiating formal proceedings.

9.2 Binding Arbitration

Except where prohibited by law, Users agree that any dispute, claim, or controversy arising out of or relating to the Platform, these Terms, or a Booking shall be resolved exclusively by binding arbitration, and not in court.

Key provisions:

• Arbitration Rules: Conducted under the rules of the American Arbitration Association (AAA) or another mutually agreed-upon provider.
• Location: Arbitration will occur in Maricopa County, Arizona unless otherwise mutually agreed.
• Fees & Costs: Each party pays their own attorney fees unless the arbitrator decides otherwise. The Platform may advance administrative fees to facilitate arbitration.
• Scope: Arbitration covers all claims, including but not limited to: payment disputes, damage or loss claims, insurance disputes, alleged breaches of Terms, and negligence or misrepresentation.
• Judgment: The arbitrator's award is final, binding, and enforceable in any court with jurisdiction.

9.3 Class Action Waiver

Users agree that any arbitration will be individual only; class actions, class arbitrations, and representative actions are prohibited.

• Users waive the right to participate in class-wide claims against GolfClubsNow.
• Disputes must be brought solely on an individual basis.

9.4 Small Claims Option

Nothing in this Section prevents Users from filing claims in a small claims court in Maricopa County, Arizona, for disputes falling within the jurisdictional limits, without engaging in arbitration.

9.5 Governing Law

These Terms, Policies, and Bookings are governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law principles.

• Users consent to jurisdiction and venue exclusively in the state or federal courts located in Maricopa County, Arizona for matters not subject to arbitration.
• Users waive objections based on forum non conveniens or venue.

9.6 Injunctive Relief

The Platform may seek equitable relief or injunctive remedies in any court to prevent breaches of intellectual property rights, misuse of the Platform, off-platform transactions, or threats to safety or reputation.

Users acknowledge that such remedies are necessary to protect the Platform and community.

9.7 Survival

All dispute resolution provisions, including arbitration, governing law, and class action waivers, survive account termination, cancellation of Bookings, or expiration of Policies.

Section 10 — Miscellaneous / General Provisions

10.1 Entire Agreement

These Terms, including all incorporated Policies, Agreements, and platform instructions, constitute the entire agreement between Users and GolfClubsNow regarding the use of the Platform and Bookings.

• They supersede all prior communications, representations, or understandings, whether oral or written.
• No oral statements or third-party representations may alter or expand these Terms.

10.2 Amendments & Modifications

GolfClubsNow reserves the right to update or modify these Terms at any time, including:

• Platform features or policies,
• Fees, insurance terms, or payment processing,
• Cancellation, refund, or dispute procedures.
• Continued use of the Platform after changes constitutes acceptance of the revised Terms.
• Users are responsible for reviewing the most current version on the Platform.

10.3 Force Majeure

GolfClubsNow is not liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to:

• Natural disasters,
• Acts of God,
• War, terrorism, or civil unrest,
• Government actions or regulations,
• Power outages, cyberattacks, or Internet service disruptions,
• Pandemic or public health emergencies.

Force majeure events excuse Platform performance without penalty.

10.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions shall remain in full force and effect.

• The invalid provision shall be modified or interpreted to achieve the original intent to the fullest extent permitted by law.

10.5 Assignment

Users may not assign, transfer, or delegate any rights or obligations under these Terms without prior written consent from GolfClubsNow.

• GolfClubsNow may assign its rights and obligations, in whole or part, to affiliates, successors, or third parties without User consent.

10.6 Notices

All notices from the Platform to Users may be provided by:

• Email to the registered account,
• In-App or Platform notifications,
• Physical mail, where applicable.

Users must maintain accurate contact information. Notices are deemed delivered upon:

• Email: when sent,
• In-App: when posted,
• Physical mail: five (5) business days after mailing.

10.7 No Waiver

Failure by GolfClubsNow to enforce any provision of these Terms shall not constitute a waiver of the right to enforce that provision later.

• Waivers must be express and in writing to be valid.

10.8 Relationship of Parties

Nothing in these Terms shall create a partnership, joint venture, agency, or employment relationship between Users and the Platform.

• Caddies and Players are independent contractors for all purposes, including tax, insurance, and liability obligations.

10.9 Headings

Headings are included for convenience only and do not affect interpretation of the Terms.

10.10 Survival

All provisions which by their nature should survive termination or expiration of the Platform relationship, including Sections 5–9 (Payments, Insurance, Equipment Care, Liability, and Dispute Resolution), shall survive account closure, Booking completion, or termination of these Terms.