Please read and accept our terms of service.
TERMS OF SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”), is made and entered as of the signature date herein, by and between Ziffen LLC a California Limited Liability Company doing business as “BunkerMates” (herein “BunkerMates”) and the Client.
The Client here to agree as follows:
1.0 Scope of Services. BunkerMates shall provide a caddie to perform services such as maintaining the scorecard, driving the golf cart, raking sand bunkers, repairing divots, and tending the flagstick per one (1) eighteen (18) hole round of golf. The round of golf shall not exceed five (5) hours total. Additional time past five (5) hours shall be at the sole discretion of the caddie.
1.1 Compensation. For services rendered pursuant of this Agreement, BunkerMates shall be compensated for providing the Services in accordance with the pricing terms and component rates set forth by contract agreement or invoice.
1.2 Tips. Tips should be paid directly to the caddie during or at the end of the golf round.
1.3 Travel Fee. Some golf courses may be outside of our normal service area. In these cases a “Travel Fee” may be required. This fee will be communicated electronically in advance if required.
1.4 Method of Payment. The Client shall submit payment in the form approved by BunkerMates. Payments are due prior to the event date and are required before a caddie is reserved.
1.5 Booking. BunkerMates services shall commence at the agreed upon date and time pursuant to this agreement upon receipt of a written notice of services confirmation via email or website correspondence. We cannot guarantee specific caddies. If the caddie(s) are unavailable we reserve the right to send an acceptable replacement(s) of BunkerMates’ choice.
1.6 Caddie Services Agreement. Unless earlier terminated in accordance with this agreement. This Agreement shall continue in full force and effect from signature date until the completion of the services.
2. ENFORCEMENT OF AGREEMENT.
2.0 California Law. This Agreement shall be constructed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California.
2.1 Termination Prior to Expiration of Term. This section shall govern any termination of this agreement except as specifically provided in the following Section for termination for cause. BunkerMates reserves the right to terminate this Agreement at any time, with or without cause, upon twenty-four (24) hours’ written notice to the Client. In addition, the Client reserves the right to terminate this Agreement at any time, with or without cause, upon forty-eight (72) hours’ written notice, except where the termination is due to the fault of BunkerMates. Upon receipt of any notice of termination, BunkerMates shall immediately cease all services. BunkerMates shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Client thereafter in accordance with the Schedule of Compensation. Upon termination for acts of sexual harassment, Client shall remain liable for full payment of services, regardless of actual time worked. In addition, BunkerMates reserves the right to take further legal action again Client.
2.2 Dispute Resolution. Any controversy or claim arising out of or relating to this agreement, or breach thereof shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association (current edition), and judgement may be entered in any court having jurisdiction thereof. As an alternative preceding arbitration, if agreed to by both parties, may submit the dispute to mediation. The mediation of the dispute shall be in accordance with the Mediation Rules of the American Arbitration Association (current edition).
2.3 Attorneys’ Fees. If either party to this agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
3. MISCELLANEOUS PROVISIONS
3.0 Sexual Harassment. It is the policy of BunkerMates to maintain a work environment free from sexual harassment or misconduct. BunkerMates will consider any behavior constituting harassment on the basis of sex, either physical or verbal or physical behavior of a sexual nature, a serious violation of this Agreement. While recognizing appropriate rights to privacy and free expression, BunkerMates will not tolerate unlawful sexual harassment or misconduct of any employee or representative.
• BunkerMates definition of sexual harassment includes, but is not limited to:
• Any unwelcomed sexual advances, requests for sexual favors, or any other verbal or physical behavior of a sexual nature.
• Requesting or demanding sexual relations as a term or condition of employment.
• Unwarranted or uninvited touching, fondling, or physical contact.
• Intentional, specific and disparaging sexual remarks;
• Specific remarks or actions related to a person’s gender, sexuality or sexual orientation that create an intimidating, hostile or offensive work environment.
Such behavior is grounds for immediate termination of services. Under these guidelines, BunkerMates will hold both the Client and any person in connection with the Client, associated with said acts absolutely liable for any violations of this Act, and has the authority and power to bring legal action against either or both parties noted above in a court of law.
All Caddies have been trained on sexual harassment and discrimination and are expected to contact BunkerMates management immediately if they feel harassed at any time.
3.1 Cart Fees. Any additional fees required by the golf course including cart fees for the caddie(s) is the responsibility of the Client and must be paid directly to the golf course.
3.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reasons of the authorship of this Agreement or any other rule construction which might otherwise apply.
3.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements and understandings if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual agreement in writing of both parties.
3.4 Indemnity. Client hereby assumes exclusive responsibility for any and all injury or damage whatsoever to persons or property resulting from or arising out of the BunkerMates’s services and agrees to indemnify, protect, hold harmless, and defend BunkerMates and its employees, independent contractors, subsidiary or affiliated companies against all claims, suits, loss, expenses or damage, including attorney’s fees incurred or suffered, arising out of BunkerMates’s work or on account of any breach of the provisions or covenants of this Agreement.
Execution of this Agreement constitutes an acceptance expressly limited to the terms herein and any additional or different terms suggested by Client are hereby rejected unless expressly agreed to in writing by BunkerMates.
Invoice updated by bunkermates.