New NGCOA Model Golfer Agreement Now Available in Members-Only Resource Library
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By Harvey Silverman, NGCOA Director of Golf Technology and Special Projects + Ronnie Miles, NGCOA Senior Director of Advocacy
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Golfers are creative. Contracts should be clearer than they are creative. The responses at the 2025 Golf Tee Time Summit made clear that a new era of relations is necessary to protect the best interests of golf course operators while setting reasonable standards for golfer behavior. The over 1000 Summit responses addressed the no-show/short-show/cancellation problem, liability and negligence issues faced in litigious confrontations, and even how to exert control over alcohol brought onto the property by customers.
To help with that, NGCOA has released a new model golfer agreement in the NGCOA Resource Library titled “Tee Time Marketplace.” The framework is designed to help owners and operators tighten reservations, clarify expectations with players, and manage legal risk without having to start from a blank page every time.
We consulted with NGCOA’s law firm, Greenberg Taurig, and conducted extensive AI-driven research. We also consulted with NGCOA members who run the gamut of golf facility types. However, we emphasize the suggestion to consult with your legal counsel on any policies to plan to deploy to make sure you comply with state and local laws.
The agreement is built as a toolkit, not a mandate. Each of the six core sections (I–VI) is also available as its own standalone document, so operators can pick and choose the pieces that fit their business model, state law, and appetite for enforcement. Members are encouraged to review everything with qualified local counsel before implementation.
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What the Master Agreement Covers.
At a high level, the master golfer agreement does three things: it defines commercial terms for tee times and payments, allocates risk between the course and the golfer, and puts everyday operating rules into an enforceable framework. It also layers in “back‑end” legal provisions—choice of law, venue, dispute resolution, and acceptance mechanics—to support enforceability in a consumer setting.
Below is a brief, plain‑language guide to each Roman‑numeral section.
I. Recommended Reservation & Commercial Terms Policies
Section I is the revenue‑protection engine. It sets the financial ground rules for every booking: what the golfer pays, how and when you store and charge cards, what happens with no‑shows and late cancellations, and how refunds, credits, and rain checks are handled. The goal is simple—fewer arguments at the counter, fewer chargebacks later, and a cleaner path to consistent, predictable tee time revenue.
The section also clarifies how group reservations, leagues, and outings are handled and makes it clear that the person booking for the group can accept the terms and is responsible for any applicable charges. Courses can plug this language into their online booking flows, email confirmations, and on‑site policies so golfers see the same rules in the same way, every time.
II. Assumption of Risk and Release of Liability
Section II addresses the reality that golf involves risk: errant golf balls, wet slopes, cart mishaps, fast‑moving weather, wildlife, and other players' actions. It explains those inherent dangers in straightforward terms, then uses waivers, indemnity, and limitations of liability to allocate many of those risks to the golfer, to the extent allowed by law.
This section is heavily annotated with state‑law cautions, because waiver enforceability is all over the map. The commentary flags issues such as recreational waivers, releases of ordinary negligence, limits on gross negligence waivers, indemnity in consumer contracts, and caps on damages, and it repeatedly reminds operators to have counsel tailor the language for each state in which they operate.
III. Equipment Use
Section III gets specific about rented or borrowed equipment—clubs, practice gear, and similar items. It emphasizes that using rental equipment carries its own risks, asks golfers to inspect items and report defects, and makes clear that equipment should be used safely and only for its intended purpose.
To protect the facility’s inventory, the section allocates responsibility for loss, theft, or damage beyond ordinary wear and tear and authorizes reasonable repair or replacement charges consistent with posted policies and applicable law. This gives operators a clearer basis for charging when a set of wedges disappears or a rental driver comes back in two pieces.
IV. Golf Course Rules and Policies
Section IV brings the “house rules” under one umbrella so they are not scattered across signs, emails, and staff memory. It covers safety expectations, conduct standards, alcohol and drug policies (including a detailed sample outside‑alcohol clause), food and beverage rules, pace of play, cart‑path and walking rules, practice‑facility use, caddie policies, privacy, accessibility, pet policies, and severe weather procedures.
The section also gives staff explicit authority to remove unsafe or disruptive guests and to enforce alcohol and conduct rules, subject to law, and ties those actions back to posted policies. Severe weather language reinforces that conditions can change quickly, that any alert system is a courtesy rather than a guarantee, and that golfers remain responsible for monitoring conditions and seeking shelter—while also documenting the course’s ability to suspend play, close the course, or evacuate the property. State‑specific notes highlight the need to reconcile this language with liquor laws, disability access rules, and weather‑related liability doctrines.
V. Cart Use
Section V is all about carts—a high‑risk, high‑cost part of daily operations. It states that operating or riding in carts carries risks such as collisions, rollovers, sudden movements, and falls when entering or exiting, and requires golfers to drive cautiously, remain seated, and follow posted warnings and staff instructions.
The provision limits cart operation to qualified, licensed drivers who meet age requirements, sets expectations around passenger counts, restricted areas, and safe speeds, and authorizes the facility to charge for damage beyond normal wear and tear. It also gives the course a clear, written basis to revoke cart privileges immediately for unsafe operation or rules violations, even if cart fees are not refunded.
VI. Additional Terms
Section VI is where the legal “wiring” lives. It explains how long the agreement lasts (each visit, plus the ongoing relationship for members and passholders), how parental or guardian consent for minors should work (with strong warnings that this must be customized by state), and when and how the course may arrange emergency medical care if a serious incident occurs and the golfer cannot consent.
The section then addresses photography and media, course management and surveillance technology, compliance with law, choice of law and venue, dispute resolution (including mediation and arbitration structures), and waiver of jury trial, along with an acceptance paragraph that supports both wet signatures and electronic “click‑wrap” or similar methods. Extensive state‑specific review notes walk operators and their attorneys through issues like privacy and right of publicity, surveillance and recording laws, severability, enforceability of jury‑trial waivers and arbitration clauses, and the mechanics of electronic acceptance under state contract law.
VII. Agentic AI Bookings, Golfer Accountability, and Chargeback Response
The NGCOA Master Golfer Agreement provides members with a practical, first-of-its-kind framework for working with AI agents and automated booking tools that reserve tee times on golfers' behalf. It is designed to close the “my AI did it, not me” loophole, so when a golfer no‑shows, cancels late, or disputes a charge, operators can point to clear terms, explicit acceptance, and solid documentation that keep revenue protections intact.
Built to plug directly into your existing model agreement, Section VII pairs plain‑English legal guidance with ready‑to‑use clauses, operational standards, and chargeback response steps tailored to how tee sheets actually run today. It helps you present non‑refundable and no‑show policies conspicuously, extend your terms across third‑party and AI‑driven channels, and assemble strong “pre‑built” rebuttal packets when disputes arise—all with state‑law issue‑spotting notes and the promise that NGCOA will keep this guidance current as AI and consumer‑protection rules evolve.
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How to Use These Resources.
The model agreement is meant to be modular. Members can:
- Adopt the full master golfer agreement (after state‑specific legal review).
- Pull one or more standalone sections (for example, just Cart Use or Golf Course Rules and Policies) into their current terms and conditions.
- Use the commentary and state‑law notes as a checklist when working with their attorney on custom language.
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All materials are now available in the NGCOA Resource Library under “Tee Time Marketplace,” with each section I–VI posted as its own document for quick reference and selective adoption. This lets operators start from a vetted framework, then tune it to their own risk tolerance, customer base, and technology stack—instead of reinventing the legal wheel every time a golfer books a tee time.
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What to do next
The ideal location for the Terms and Conditions (T&Cs) text is the step before accessing the tee sheet booking engine to reserve a tee time. We explored and recommend a couple of options:
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Choose which T&Cs are best suited for your business, and consult with your legal counsel before deploying them.
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Install the full text of your T&Cs, followed by a clickwrap box to check “I agree” that permits the customer to proceed to book a tee time.
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Install the full text of your T&Cs on a separate page on your website, and create a hyperlink to it before booking a tee time, using language like “I have read your terms and conditions,” along with the clickwrap checkbox “I agree.”
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Note: Both 1 and 2 above require coordination with your GMS or tee sheet provider. Along with the click-wrap is the requirement that the data be stored with a timestamp tied to the tee time transaction for future reference, proving that someone who played and, in the future, sues the course or initiates a chargeback request checked the “I agree” box before transacting.
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A third option, whether the T&Cs are fully spelled out or hyperlinked, is to install language before accessing the tee time booking function that states (suggested): “By continuing to reserve a tee time, I acknowledge that I have read and agree to the terms and conditions.” This method avoids the click-wrap, but may not hold up legally as strongly as the click-wrap.
We are working with the GMS and tee sheet providers to make the Terms and Conditions process and function standard in all systems. If the system you use does not have this capability, we strongly urge you to request it as a priority.
Finally, we’ve also added a slide deck to the Tee Time Marketplace library titled “Enforceability Gaps in Golf Course Liability Waivers.” It details similarities and differences in state laws on waivers and gross negligence. It’s a great resource to share with your legal counsel.
If you have questions, you can contact Harvey Silverman at hsilverman@ngcoa.org, or Ronnie Miles at rmiles@ngcoa.org.
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