GSEM requires our clients to execute a “Terms and Conditions Agreement” for purchased programs. Each agreement will vary based on the event and will be customized to our client’s needs. The following is a sample of a basic Terms and Conditions Agreement regarding a Masters Golf Program.
2014 Masters Golf Terms & Conditions
Services Provided: The following terms and conditions form a contract between Graphics Packaging International. (You” or “Your”) and The Georgia Sports & Event Marketing Corporation (“Us” or “We, or Our”), and relate to the sale by Us to You of Masters Golf Tournament admission Tickets / Badges, accommodations, ground transfers, golf tee time arrangements, and on-site program coordination of The Masters Golf Tournament (“The Event Package, or “The Event”) program elements as outlined on Invoice # 1396 (and any additional invoices added at a later date).
The Event Package does not include: Hotel room service, food or beverage charges (not outlined on Invoice # 1396 or any additional invoice (s) added at a later date, any incidental guest charges at restaurants, hotels or golf shops, or any additional items added to the program by You (that is not outlined in the above invoices).
Deposit and Payment: Placing an order with Us is a purchase of a 2014 Masters Golf Tournament Package and an acceptance and ratification of this contract and these Terms and Conditions. We require Your name and address at the time of purchase and booking. If You do not provide Your name and address, Your reservation is subject to cancellation without notice. For a group booking the final date for names and addresses 15 days prior to the program start date. To confirm Your reservation and purchase, a NON-REFUNDABLE deposits must be paid. Once Your initial deposit is received We will confirm Your reservation and a confirmation will be e-mailed to You. All other Client payments are nonrefundable (see cancellation policy below). Payment by personal or company checks, and direct deposit are accepted. An additional 5% service fee will be applied to all credit card payments. Add an additional .5% for direct deposit bank fees. GSEM reserves the right to cancel any booking due to late payment or nonpayment of client invoices. GSEM reserves the right to impose an additional 1.5% late fee per month for payments that are overdue. Clients that have their booking cancelled due to late payment or nonpayment will be charged a 30% non-refundable cancellation fee.
Purchases may be made by travel agents or Tour Operators. If so, such travel agents or Tour Operators represent and warrant that their customers and they themselves are bound by the terms and conditions of this contract and that the travel agent is Our client and has liability to Us for all payments due Us for The Event Packages purchased whether or not they are paid by their customer(s). The Event Packages must be purchased in their entirety and shall not to be resold other than by an accredited travel agent or Tour operator.
Changes, cancellations and refunds: All changes to the order must be sent to us by writing or fax, though they are not guaranteed to be accommodated. We promptly contract the procurement of your tickets & hospitality package. Sufficient notice on program changes is in the interest of all parties.
In the event of cancellation by You, We will make every effort to resell the package (or components thereof). All cancellations must be submitted in writing via mail, e-mail or fax to Us no less than 30 days prior to the beginning of the package date. Should this order require cancellation on Your behalf, any possible refund due will be determined upon the status of the order at the time of cancellation. If Tickets and/or Badges and other package elements (for The Event) have been secured for the order (though not necessarily physically) the entire package may be placed for sale on a consignment basis for You. You will be charged a 25% service fee if the package is resold at full value (as stated on Your invoice). If the package is sold at less than full value (as stated on Your invoice), You will be liable for the loss taken. All requests for refunds by the Client must be made in writing and received no less than 30 days prior to the beginning of the package date. In the event of cancellation or postponement of The Event or activity contracted for, We shall not be responsible for accommodations or transportation beyond the scheduled date of The Event. We will provide refunds only to the extent that refunds are available to Us. Any loss of deposit due to a reduction in group size is not transferable to the balance of the group. We reserve the right to cancel any reservations and will remit a full refund to the canceled party. Cancellation/postponement or time changes of this event due to weather, acts of God, armed conflict, or any other calamity such as civil strife, acts of terrorism, or cancellation or partial performances are beyond Our control, therefore no refunds will be given. Weather conditions may affect travel to and from The Event. Furthermore, weather conditions causing The Event to be canceled is beyond Our control and accordingly, no refund for the unused services or allowance for the loss of enjoyment caused by weather conditions will be made by Us. All golf foursomes at any and all courses reserved in conjunction with The Event and with this agreement are NONREFUNDABLE FOR ANY AND ALL REASONS INCLUDING BUT NOT LIMITED TO DELAYS OR COURSE CLOSURE DUE TO FOG, RAIN, ACTS OF GOD, AND / OR ANY REASON BEYOND OUR CONTROL. We are not responsible for golf foursome replacement or the arrangement of golf foursome replacement. Additionally, We cannot guarantee that the said canceled golf foursome(s) can be replaced at another time or date. We strongly advise the purchase of travel insurance to cover, or partly cover, any losses in these circumstances.
Documents and Tickets: Travel documents will be e-mailed to You approximately twenty-one (21) days prior to The Event. This email will provide You with documents which specify the details of Your confirmed ticket / badge order, private home or hotel room(s) with evidence of Your reservation with the private home or hotel which You must present to Your private home or hotel upon check-in. The e-mail will also contain “Promise to Return Badge Forms” (if applicable). A sample can be found at www.themastersgolftickets.com (click on the Forms tab). This information is not required for Practice Round Tickets (unless instructed). A “Promise Not To Smoke / Promise To Return House Keys Form” will be included (if applicable).
The Masters Golf Tournament Tickets / Badges themselves are not issued by Us and are issued subject to the rules and regulations of the venue and the organizers of The Masters Golf Tournament. We are not responsible for, nor can We replace, lost or stolen Masters Golf Tournament Tickets / Badges as We do not issue them and cannot obtain replacements. Due to the ticketing method Augusta National employs (Tournament Badges are good for all 4 days of the Tournament); We cannot ship any Badges in advance. All Badges used for any and all packages will be distributed and collected (after use) on a daily basis at a predetermined location. Practice Round Tickets can be shipped (via FedEx at an additional cost) in advance at Your discretion. You acknowledge and agree that if the You, Your employees, affiliates, guests, or guest affiliates do not return (for any reason) a Practice Round Ticket and / or a Tournament Badge when instructed, you will be bound by The Promise To Return Badge Form and You acknowledge that We will not be responsible for the replacement or arrangement for the replacement of said Practice Round Ticket or Tournament Badge.
You are required to provide us with a signed copy of Our Invoice(s) and This Terms and Conditions Agreement
Form and Credit Card Authorization Form (if applicable). You are also required to submit The Promise to Return Badge Form and No Smoking / Promise to return Keys Form (if applicable) along with a legible copy of the credit card and photo ID of each person responsible for the return of the Tournament Badges and / or responsible for The No Smoking / Promise To Return Keys Form. CLICK HERE FOR FORM SAMPLES.
When airport transfers are also part of a package, airline arrival and departures must also accompany the participant list. We will not guarantee airport transfers when the above is not complied with. We will not guarantee transfers on days other than arrival and departure days provided by You. We do not guarantee airport transfers when flights are late, canceled, or postponed caused for any reason.
You are responsible for purchasing full insurance on any / all self- drive vehicles that We provide to You in conjunction with The Event.
The Event Package Occurrence and Force Majeure: - We guarantee that if any tangible component of The Event Package is not delivered (or a reasonably comparable substitute provided), except under circumstances beyond the Our control, We will refund the value of the undelivered component. We provide The Masters Golf Tournament Tickets / Badges, private home & hotel reservations, ground transportation, air travel if provided, and all services from third parties as an agent, and not as a principal. We do not run, operate, schedule, or are We responsible for The Masters Golf Tournament . We are also not responsible if The Masters Golf Tournament is postponed, cancelled, or relocated due to disaster, government action, acts of God, strikes or labor unrest (other than by our employees), riot or civil disorder, acts of terrorism, inclement weather, transportation strike or other event beyond Our control not anticipated or known by either You or by Us at the time of Your purchase of Your Event Package(s). Likewise, We shall have no liability to You should The Event not occur when and where scheduled and You choose not to use any purchased Event Package elements or services.
Insurance. You are responsible for, and We strongly recommend Your obtaining travel insurance to protect Yourself to the extent possible. We do not carry, and have no obligation to carry, insurance coverage to protect You.
Our Role – Limitation of Liability. Your Masters Golf Tickets / Badges are genuine and valid and Your reservations for private home or hotel and ground services exist and We have made them for You. We are an independent agent and are not an agent, employee, partner, or in joint venture with The Event organizer or its subsidiaries. The private home & hotels and ground services with whom We make reservations for You are independent individuals or companies and businesses and not our agents, employees, partners or joint venture partners. We are not liable for the acts or omissions of third parties which result in any loss, delay, or injury to You or Your travel companions or group members. We shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, war, insurrection, social or labor unrest, mechanical or construction difficulties, diseases, local laws, climactic conditions or abnormal conditions or developments or any other actions, omissions or conditions the traveler may encounter.
You, by engaging this contract & invoice(s) and making deposit and or full payment for The Event Package arrangements specified acknowledge our position as stipulated by the foregoing and agree to hold Us blameless in making the arrangements on Your behalf, and further agree that restitution of damages, if any are claimed, shall be sought directly from the suppliers.
Private Home Rental: All private home agreements have been signed by Us giving Us complete control of each rented private resident during The Event dates. You, Your guests, employees and invitees agree not to engage in lewd and unacceptable behavior. You, Your guests, employees and invitees agree not to bring any unlawful items into any and all homes, or to engage in any unlawful activity or behavior. You, Your guests, employees and invitees also understand that such actions will result in Your eviction from the said private residence.
You acknowledge and agree that You, Your guests, employees and invitees are solely responsible for any and all damage to all accommodations and vehicles We have provided to You for this Event Package. This especially applies to any and all damage (or situation) caused by a You, Your employees, affiliates, or guests resulting from the use of any and all smoking materials (cigars, cigarettes, pipes etc.). You further acknowledge and agree to indemnify and hold Us harmless for any claim of damage, theft, or injury to You, Your guests, employees and invitees, and all claims of damage, theft, loss or injury to all accommodations and vehicles provided by Us to You. Our indemnification rights described herein shall include court costs and attorney fees.
Under no circumstances will We ship packages or make arrangements to ship packages out of The Event City during (or after) The Event. We are not responsible for lost or stolen package items (including merchandise purchased by or shipped out of The Event City by You, Your guests, employees and invitees). Additionally, We are not responsible for the replacement or the arrangement for replacement of any lost or stolen package items (including merchandise purchased by or shipped out of The Event City by You, your guests, employees and invitees).
Entire Contract: This is the complete, final and exclusive binding contract between the parties relating to the Event Package and supersedes all prior agreements, understandings, both written and oral, and may not be amended or altered after Your initial deposit has been made except in a writing signed by both parties.
Severability. If any provision or portion of any provision is held unenforceable or invalid, the validity and enforceability of the enforceable portion of any such provisions shall not be affected.
Notices. All notices and communications shall be in writing and shall be mailed first class or faxed as follows:
(i) If intended for Us, addressed to The Georgia Sports & Event Marketing Corporation, 295 Saddlebrook Terrace, Roswell, GA 30075; Fax 770-518-1326, or to such other address as may be designated by Us in writing to You.
(ii) If intended for You, at the address provided by You on booking or to such other address as may be designated by You in writing to Us. Notices and other communications shall be deemed given upon receipt. In the case of transmission by fax, confirmation of the transmission must be made by mailing the original notice, demand or communication not later than the business day following the transmission first class mail. Captions. Captions are for convenience and reference only and shall not constitute a part of this contract or given any substantive effect.
Governing Law, Disputes and Arbitration: This contract shall be governed by, and construed in accordance with, the laws of Georgia. All disputes and complaints, if any, between the parties must be resolved by final and binding arbitration before the American Arbitration Association through its Atlanta Regional Office using the American Arbitration Association’s Commercial Arbitration Rules. Any final award may be entered as a judgment by any court of competent jurisdiction. Reserving an Event Package and sending the initial deposit is and shall constitute the acceptance and ratification of this contract by You.
Accuracy: Upon receipt of the package confirmation and invoice, You have 24 hours to contact Our office (in writing) about any mistakes and / or discrepancies about Tickets and / or Badges and other Event Package elements. All questions and comments regarding the above should be directed to GSEM at Jim@gsemcorp.com. In the event that You make no such contact to Us (regarding any mistakes or discrepancies to the program elements listed above), We are responsible for providing only the program elements listed on the stated invoice (or invoices).
Disclaimer: We are an independent company that specializes in obtaining tickets and hospitality elements to major sports events. The price we charge for a ticket to an event is dependent on the current market price, which is usually above the face value of the ticket. WE DO NOT SELL TICKETS TO ANY EVENT FOR FACE VALUE. The tickets we offer are usually obtained on the secondary market from season ticket holders, promoters, coaches, players, and from the general public.
We are not affiliated with nor do we imply affiliation, endorsement or sponsorship with any Sports Team, Sports League, Sports Club, Golf Club, Ticket Office, Pro Shop, Ticket and /or Booking Agents or suppliers thereof whose tickets we provide. GSEM is not affiliated with nor does it imply affiliation with the NFL, NBA, NCAA, NHL, MLB, PGA, and LPGA, Augusta National Golf Club or any other sports organization.
Acceptance: If the above is acceptable to your understanding of the program, kindly sign one copy of the agreement and return it to my attention along with the payment as required by the enclosed invoice.
I have read and agree to all of the above terms and conditions:
Print Full Name: ____________________________________________