Terms & Conditions

Parties and Capacity to Contract

The Parent or Legal Guardian (the "Client") enters into this agreement on behalf of the minor golf athlete (the "Beneficiary"). All references to the Client in these Terms refer to the Parent or Legal Guardian.

By accepting these Terms, the Client represents and warrants that (a) they are at least 18 years of age; (b) they are the parent or legal guardian of the Beneficiary, or are otherwise legally authorized to contract on the Beneficiary's behalf; and (c) they have full authority to bind the Beneficiary to the obligations set forth herein.

All notices, communications, deliverables, and billing correspondence from HAMER Golf Consulting ("HAMER") will be directed to the Client. The Client is responsible for sharing relevant information with the Beneficiary in an age-appropriate manner.

Where the Beneficiary is 18 years of age or older at the time of enrollment, the Beneficiary may sign as Client directly, in which case all references to "Client" and "Beneficiary" refer to the same individual.

Privacy and Data Protection

HAMER processes personal data in accordance with its Privacy Notice, available at hamergolfconsulting.com/privacy. The Privacy Notice describes the categories of personal data collected, the purposes and legal basis for processing, retention periods, and the rights of data subjects.

For Clients resident in the European Economic Area, the Privacy Notice sets out the rights available under the EU General Data Protection Regulation (GDPR). For Clients resident in Mexico, it sets out the rights available under the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP). For Clients resident in California, it sets out rights available under the California Consumer Privacy Act (CCPA), as amended.

By accepting these Terms, the Client acknowledges that they have received and reviewed the Privacy Notice.

Confidentiality

All information shared by the Client with HAMER — including personal data, athletic records, academic information, medical or physical condition information, and family details — is treated as strictly confidential. HAMER will not disclose Client information to third parties without prior written consent, except where (a) required by law, court order, or governmental authority; (b) necessary to defend or assert HAMER's legal rights in a dispute; (c) disclosed to NCAA programs, coaches, or admissions officers at the express direction of the Client for the express purpose of college placement; or (d) shared with HAMER's professional advisors (counsel, accountants, technology vendors) who are themselves under a duty of confidentiality.

Intellectual Property

All materials, plans, documents, curricula, templates, drills, course breakdowns, recommendations, and other deliverables produced by HAMER are the intellectual property of HAMER. The Client is granted a personal, non-transferable, non-sublicensable license to use these materials solely for the Beneficiary's own development (in the case of Recruit and Consult) or for the Client's internal program operation (in the case of Camps).

Resale, redistribution, public posting, reproduction for use with non-Beneficiary athletes, or commercial use of any deliverable is strictly prohibited. The license granted terminates immediately upon any breach of this clause.

NCAA Amateurism and Eligibility

HAMER's recommendations regarding NCAA eligibility, amateurism, recruitment, and college placement are based on NCAA rules, bylaws, and interpretations in effect at the time of service delivery.

The Client acknowledges that (a) NCAA rules and interpretations change periodically; (b) compliance with current NCAA rules is the Client's and Beneficiary's responsibility; (c) the NCAA, member institutions, athletic conferences, and college admissions offices make eligibility and admissions determinations independently; and (d) HAMER does not act as an agent of the NCAA or of any member institution.

HAMER assumes no liability for changes in NCAA policy after services have been rendered, for decisions made by NCAA bodies or admissions officers, or for outcomes affected by the Client's or Beneficiary's noncompliance with NCAA rules.

Limitation of Liability

HAMER provides consulting and advisory services based on professional experience and judgment. HAMER does not guarantee (a) acceptance to any specific college or university; (b) athletic scholarship offers or scholarship amounts; (c) tournament results, ranking changes, or improvement in handicap; (d) the suitability or performance of any third-party coach, academy, or vendor recommended; or (e) the financial viability or operational success of any camp or program advised.

HAMER's total aggregate liability under this agreement, whether in contract, tort, statute, or otherwise, shall not exceed the amount paid by the Client for the specific service giving rise to the claim.

To the maximum extent permitted by law, HAMER shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation lost opportunities, lost income, lost scholarships, emotional distress, or reputational harm.

Force Majeure

Neither party shall be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, civil unrest, government action or restriction, labor disputes, internet or payment processor outages, NCAA or college calendar disruptions, or third-party service provider failures.

The affected party shall notify the other party promptly upon learning of the event and shall use commercially reasonable efforts to mitigate its impact. If the event continues for more than 60 days, either party may terminate the agreement on written notice, with refunds (if any) calculated pro-rata for work not yet performed.

Modifications

HAMER may modify these Terms from time to time. Non-material modifications (typographical corrections, contact updates, clarifications that do not materially affect Client rights) take effect upon publication of the updated Terms on hamergolfconsulting.com.

Material modifications — changes to fees, refund policy, dispute resolution, governing law, or the scope of services — require (a) written notice to the Client via email at least 30 days before the effective date; and (b) the Client's continued payment or use of the service after the effective date, which constitutes acceptance.

If the Client does not accept a material modification, the Client may cancel the service before the modification's effective date in accordance with the Cancellation Policy of these Terms, without penalty beyond charges already incurred.

Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall, to the extent possible, be replaced with a valid provision that most closely matches the original intent of the parties.

These Terms, together with the Privacy Notice referenced herein, constitute the entire agreement between the Client and HAMER with respect to the services described, and supersede all prior or contemporaneous oral or written communications, proposals, or agreements.

Dispute Resolution and Governing Law

The parties agree to attempt resolution of any dispute through good-faith negotiation. Either party may initiate negotiation by written notice describing the dispute.

If the dispute is not resolved within 30 days of such notice, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time of filing. The arbitration shall be conducted by a single arbitrator in New York County, New York; proceedings may be held remotely by agreement of the parties.

The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict-of-laws principles.

To the extent that any dispute is not subject to arbitration (for example, small claims under the applicable threshold or claims for injunctive relief in support of arbitration), exclusive venue shall lie in the state or federal courts located in New York County, New York.

Contact

For any questions regarding these Terms & Conditions, please contact us:

Email: info@hamergolfconsulting.com · Website: hamergolfconsulting.com

By completing your purchase, you confirm that you have read, understood, and agreed to these Terms & Conditions and have received the Privacy Notice.