THE 19TH FAIRWAY agrees to provide to the party or parties who submit an online order ("Customer") for either (i) the rental of a mobile golf simulator and any included accessories (the "Simulator"), or (ii) setup services by THE 19TH FAIRWAY for equipment not owned by or rented from THE 19TH FAIRWAY ("Equipment") in return for the Customer's agreement to pay the sum stated on the invoice generated by the online order ("Invoice"). The Simulator is rented and/or the setup services are performed under the terms and conditions below, agreed upon by the Customer and incorporated by reference in the Invoice ("Agreement").
Participant Waiver — Sign HereThis Agreement shall be effective from the date the Customer submits an order to THE 19TH FAIRWAY and pays the Invoice amount. For a Simulator rental, the "Rental Term" is from the date of delivery to the agreed-upon event end date ("Expiration Date"). The Rental Term will not expire until the Simulator is available for return or pickup by THE 19TH FAIRWAY.
Customer agrees to the payment terms set forth in the Invoice. If the Customer defaults on any payment, THE 19TH FAIRWAY has the right to demand immediate payment, take possession of the Simulator without notice, terminate this Agreement, or pursue legal remedies for all rents and other amounts due.
Prior to completing the delivery of the Simulator, the Customer may inspect it. If the Customer does not inspect before delivery is complete or requests setup services for other Equipment, the Customer is conclusively deemed to have accepted that the Simulator or Equipment is in good operating condition, without known or suspected defects, and in a clean, undamaged state.
For Simulator rentals, the Customer agrees to: (1) Protect the Simulator from damage. (2) Not move or remove the Simulator without prior consent from THE 19TH FAIRWAY. (3) Regularly inspect the Simulator. (4) Comply with applicable laws and regulations regarding the Simulator's use. (5) Return the Simulator in the condition it was received, aside from normal wear and tear. For Simulator rentals and setup services, the Customer agrees to notify THE 19TH FAIRWAY immediately of any known or suspected issues.
Customer acknowledges that the Simulator may involve electrical connections, projectors, or screens, which could be sensitive to mishandling. THE 19TH FAIRWAY is not liable for health conditions or damages resulting from any external conditions or third-party actions at the rental site.
Customer is responsible for all costs (including labor, materials, parts) associated with any damage to the Simulator during the Rental Term, aside from normal wear and tear. If damages make the Simulator unrepairable, the Customer agrees to pay the replacement cost, including procurement and transportation. Customer agrees to arrange pickup before the Rental Term Expiration Date and must provide written notice to THE 19TH FAIRWAY at least five (5) days before either the Expiration Date or any "Early Termination Date" requested by the Customer. If the Customer does not permit pickup within ten days of the Expiration Date, they will be liable for all costs THE 19TH FAIRWAY incurs in retrieving the Simulator, including attorney fees.
The Customer agrees to release, indemnify, and hold harmless THE 19TH FAIRWAY, its owners, and employees from any losses or claims due to any injury (including death) or damage to any person or property arising out of the setup, rental, use, or removal of the Simulator, except in cases caused by THE 19TH FAIRWAY's negligence.
In no event shall THE 19TH FAIRWAY be liable for incidental or consequential damages (including loss of use or delay) connected to the rental, use, or performance of the Simulator or Equipment. THE 19TH FAIRWAY's liability is limited to the fees received from the Customer.
The Customer assumes all risk of injury or damage from using the Simulator and waives any claims against THE 19TH FAIRWAY for injury or damage related to its use or operation.
The Customer may terminate the Agreement by providing at least three days' notice before THE 19TH FAIRWAY begins setup services or delivers the Simulator to receive a full refund. If the Customer terminates after services or delivery, payments are non-refundable.
Customer shall not assign or transfer this Agreement without prior written consent from THE 19TH FAIRWAY and may not sublet the Simulator.
All participants — including the Customer and every guest who uses the Simulator — must digitally sign a Liability Waiver before operating or playing on the Simulator. The Customer is responsible for ensuring that each participant completes and signs the waiver prior to use. Minors must have a parent or legal guardian digitally sign on their behalf. No individual may use the Simulator until their signed waiver is on file. By submitting this Agreement, the Customer confirms they understand and accept this requirement and agrees to collect digital signatures from all participants at or before the event.
By checking "Yes" below and typing your full name as a digital signature, I confirm that I have read, understood, and agree to all terms and conditions outlined in the THE 19TH FAIRWAY Rental Agreement, including the requirement that all participants digitally sign a Liability Waiver before using the Simulator.
Type your full legal name exactly as entered above. This serves as your electronic signature confirming your acceptance of the Agreement and your commitment to collect digitally signed waivers from all participants.