CyberBirdies logo
HomeBook Now

Terms, Waiver & Rental Agreement

This is a draft framework, not legal advice. It is written to give you a workable starting structure, and every clause marked [[FILL IN]] is a decision that is yours — insurance, liability limits, age rules, and local requirements. Have a North Carolina attorney review this before you rely on it. Rental businesses that move heavy equipment and let strangers swing clubs carry real risk.

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.

1. The rental

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.

1.1 Site requirements

The Client is responsible for confirming that the venue provides:

  • A clear footprint of 16 ft × 20 ft
  • Ceiling clearance of at least 11 ft 6 in
  • One standard 120V 15A power outlet within 25 ft of the setup point
  • A flat, level surface
  • A safe, passable route for carrying the booth and equipment to the setup point

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.]]

2. Booking, deposit, and payment

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.

2.1 Pay only after confirmation

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.

3. Cancellation and rescheduling

  • Cancel with at least 7 days' notice: your payment transfers to another available date within 6 months of cancellation.
  • Cancel inside 7 days: no transfer is available.
  • The $250 deposit is non-refundable in all cases.
  • Severe weather making an outdoor event unsafe or unusable: rescheduled at no charge.

4. Service area

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.

5. Assumption of risk and waiver

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.

5.1 Who may play

[[FILL IN: your age policy, e.g. "Guests under 18 must have a parent or guardian present and sign on their behalf."]]

5.2 Supervision

[[FILL IN: whether an adult must supervise children at all times.]]

6. Damage, loss, and financial liability

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.

6.1 How the amount is determined

  • Repairable damage: the Client pays the full cost of repair, including parts, labour, shipping, and any diagnostic or assessment fee.
  • Total loss, destruction, or theft: the Client pays the full replacement cost of the item — the price of an equivalent replacement unit — not the depreciated value of the damaged item.
  • Loss of use: where damage or theft takes the equipment out of service, the Client also pays $250 per hour for every hour of rental time lost while the equipment is unavailable, including time lost on bookings that CyberBirdies must cancel or move as a result.
  • Recovery costs: the Client pays reasonable costs CyberBirdies incurs recovering what is owed, including collection fees, legal fees, court costs, and filing fees.

6.2 What counts as damage

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.

6.3 No assumption of fault by CyberBirdies

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.

6.4 Security deposit and charging authority

[[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.]]

6.5 Reporting

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.]]

6.6 Criminal acts

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.

7. Our responsibilities and insurance

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.]]

8. Equipment failure

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.

9. Photography and media

[[FILL IN: whether you photograph events for marketing, and how clients opt out.]]

10. Limitation of liability

[[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.

11. Governing law

This agreement is governed by the laws of the State of North Carolina. [[FILL IN: venue and dispute-resolution route.]]

12. Acceptance

[[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]].

CyberBirdies · Welcome, NC