This agreement is between [[FILL IN: CyberBirdies LLC]] ("CyberBirdies", "we", "us") and the person or organisation booking a rental ("Client", "you"). By paying a deposit or accepting a booking confirmation, you agree to these terms.
CyberBirdies provides a mobile golf simulator: a 16 ft × 20 ft inflatable booth, a Uneekor EYE XO launch monitor, a projector, a dedicated MSI gaming laptop running the course software, and a hitting mat. We deliver, set up, operate, and remove the equipment.
The Client is responsible for confirming that the venue provides:
If we arrive and the site does not meet these requirements, we may be unable to set up. [[FILL IN: state whether the deposit is refunded in this case. A common position is that it is not, because the date was held.]]
Rentals are billed at $250 per hour with a 2 hour minimum. Generator power, if needed, costs an additional $50.
A $250 deposit is required to reserve a date. The deposit is non-refundable. The remaining balance is due on the day of your event.
Do not pay until your date and setup have been confirmed. We confirm the date, the venue details, and that the space meets the requirements before any payment is requested.
Payments are accepted in cryptocurrency via a third-party processor. The Client is responsible for sending the correct amount to the address or invoice provided. Blockchain transactions are generally irreversible; refunds are made in the same asset at our discretion and reflect the value received.
We book events closer than a 2 hour drive from Welcome, NC, measured by the fastest road route. A venue 2 hours away or further cannot be accepted.
Golf involves swinging a hard club at high speed, and a golf ball leaves the club face with considerable force. Participation carries inherent risks including injury from a club, a ball, or a fall.
[[THIS SECTION NEEDS AN ATTORNEY TO DRAFT PROPERLY.]] A waiver of liability that is enforceable in North Carolina has specific requirements — language, conspicuousness, and who can sign for a minor. Replace this section with counsel-drafted text. As written here it is a placeholder, not a waiver.
[[FILL IN: your age policy, e.g. "Guests under 18 must have a parent or guardian present and sign on their behalf."]]
[[FILL IN: whether an adult must supervise children at all times.]]
The Client accepts full financial liability for damage to, or loss of, any CyberBirdies equipment. This liability is not limited to damage caused by the Client personally. It extends to damage or loss caused by any person present at the event, including the Client's employees, guests, invitees, customers, contractors, agents, family members, and children.
Where equipment is damaged, destroyed, lost, or stolen during the rental period or while on the Client's premises, the Client will pay CyberBirdies the full cost of repair or replacement.
By way of example and not limitation: punctures, tears, or burn damage to the booth; damage to the projector screen; cracked or broken lenses, cameras, housings, or sensors on the launch monitor; damage to the hitting mat; liquid damage to the gaming laptop; damaged or missing cables, mounts, and stands; theft of any item; and any damage caused by misuse, striking the equipment, unsupervised children, animals, or the venue's conditions.
The Client's liability under this section is not reduced by the presence of CyberBirdies staff at the event, and is not dependent on any finding of fault, carelessness, or negligence by the Client or any other person.
[[FILL IN: state whether you take a separate security/damage deposit, or whether you keep a card on file that you may charge for damage. If you intend to charge a card after the event, that authority must be stated here and agreed to at booking, and it will usually need to be handled by your payment processor rather than by you directly.]]
The Client must notify CyberBirdies of any damage, loss, or theft as soon as it is discovered, and in any event before CyberBirdies leaves the premises. [[FILL IN: decide whether late-reported damage carries an additional administrative charge, and state the amount.]]
Theft, intentional damage, or vandalism may be reported to law enforcement. Nothing in this agreement limits CyberBirdies' right to pursue any remedy available at law.
CyberBirdies maintains [[FILL IN: your insurance carrier, policy type, and limits]]. We can provide a certificate of insurance naming your venue as an additional insured where required. [[FILL IN: confirm this is true before leaving this sentence in — venues rely on it.]]
If the simulator fails during your event through a fault in our equipment, we will make reasonable efforts to repair it. If it cannot be repaired, we will [[FILL IN: your remedy — pro-rate the rental, reschedule, or refund]]. We are not liable for indirect losses such as venue costs or guest disappointment.
[[FILL IN: whether you photograph events for marketing, and how clients opt out.]]
[[FILL IN WITH AN ATTORNEY.]] To the extent permitted by law, our total liability arising from a rental is limited to the amount actually paid for that rental. Some jurisdictions do not allow certain limitations, and this clause must be checked against North Carolina law.
This agreement is governed by the laws of the State of North Carolina. [[FILL IN: venue and dispute-resolution route.]]
[[FILL IN: how acceptance happens — a checkbox at checkout, a signed copy, or a deposit payment. If you collect acceptance at checkout, the checkbox text must be set by your attorney and logged with the booking.]]
Last updated: [[FILL IN: date]]. Contact: [[FILL IN: email]].