Terms and Conditions

DIRECT FAIRWAYS – TERMS OF SERVICE

This Agreement (“Agreement”) constitutes the Terms of Service related to any transactions as a customer and/or advertiser with Direct Fairways, LLC. Throughout this Agreement, the terms “Direct Fairways,” “us,” and “we” may refer to Direct Fairways, LLC, as is appropriate and depending on the context in which the term is used. “Advertiser”,“Customer”, and “You” means you, the individual person and representative of the named business or entity that entered into this Agreement.

By approving the Services verbally or in writing, You agree to the following terms of service.

0. Definitions

For purposes of this Agreement:

  • “Customer” or “Golf Course” means the golf course or related entity receiving, scorecards, course guides, or other materials from Direct Fairways at no charge, in exchange for allowing advertising placements.
  • “Advertiser” means the business or entity purchasing advertising space on such scorecards, course guides, or other materials provided to the Golf Course by Direct Fairways.
  • References to “you” or “your” apply to both Customers and Advertisers as applicable, unless otherwise specified.
  • “Services” means the design, production, and distribution of advertising materials, including scorecards, course guides, or any other products or services provided to the Customer or Golf Course.

1. Entire Agreement

This Agreement constitutes the entire agreement between You and Direct Fairways and supersedes all prior agreements, proposals, or communications, whether written or verbal.

2. Commercial Transaction Acknowledgment

You expressly acknowledge and agree that this Agreement is a business-to-business (B2B) commercial transaction entered into for advertising and promotional purposes. You agree and represent that:

  • This Agreement is not a consumer contract; 
  • This Agreement is not governed by consumer auto-renewal statutes;
  • Any written or verbal authorization is provided by an individual with full authority to legally bind the business or entity;
  • You are not acting as a “consumer” under any applicable law. If you are signing on behalf of a Golf Course, you represent and warrant that you have full authority to bind the Golf Course to this Agreement, including permission to allow advertising on materials provided to the Golf Course, and that no further approvals are required.

3. Contact Us

If you have any questions about any products and services offered, please contact us at customerservice@directfairways.com  or at 1(866) 768-6449.

4. Information We Require

We may request certain information from You in order to appropriately provide the service(s) you purchase, including your business name, contact name, address, telephone number, e-mail address, credit card information, and information regarding your advertisement as needed.

You are required to submit your artwork and all needed information within 14 days of the purchase date. You will be provided a digital proof of your advertisement for your approval within 21 business days of submitting your artwork. If you fail to provide your artwork within the allotted time frame, we reserve the right to create the advertisement on your behalf, however, we are not required to. If you fail to approve the advertisement or fail to request changes within 7 business days of receiving a proof, we reserve the right to print your  advertisement without your approval. Failure to send in artwork could result in advertisement delays. Exclusivity is offered on a front and back nine basis only and only if specified within the advertisement agreement.

5. Delivery of Services

The advertisements may take up to 180 days to be delivered to the golf course once you approve your artwork. Arrival of the advertisement is dependent on region and season. Once the materials are fully designed including your advertisement, the materials will be shipped from Direct Fairways to the golf course specified in your agreement. The advertising term specified on your invoice will begin once the materials have been printed and delivered to the appropriate golf course. If you have any questions regarding the status of your advertisement, please call or email our customer service team at customerservice@directfairways.com or at (866) 768-6449.

6. 24-Hour Risk-Free Cancellation

To provide exceptional customer service, we allow a Risk-Free Cancellation within 24 hours of your Initial Purchase. You may cancel your advertisement in exchange for a full refund within 24 hours of your reservation by calling our Customer Service Department at (866) 768-6449 or emailing us at customerservice@directfairways.com. All cancellations must be confirmed in writing.

7. Refunds (General Policy)

All services are non-refundable once outside of the 24-hour cancellation timeframe. If there are any disagreements concerning the advertisements please contact 866-768-6449 or send an email to customerservice@directfairways.com to discuss your options.

8. Choice of Law

You agree that this Agreement, and any purchases with us, shall be governed solely by the laws of the State of Arizona, without regard to conflict of laws principles. You consent to exclusive jurisdiction and venue in the state or federal courts located in Maricopa County, Arizona.

9. Force Majeure

You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our control, including, but not limited to, violation of contractual obligations from the golf course, acts of God, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.

10. Enforcement

Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforceable as though the unenforceable provision had not been a part of this Agreement.

11. Copyright and Trademark

Any unauthorized use of our copyrighted content is prohibited. Direct Fairways relies on its trademarks and trade dress to distinguish itself from competitors. Any unauthorized use of our trademark or trade dress, including copying the look and feel of our product design, is prohibited. If you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of Direct Fairways, financially or otherwise.

12. Limitations and Liability (General)

IN NO EVENT WILL DIRECT FAIRWAYS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATIONS, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE SERVICES PROVIDED OR ANY MATERIALS PRODUCED.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

13. Scope of Services

Direct Fairways produces printed and digital advertising materials for participating golf courses, including but not limited to scorecards, course guides, yardage materials, maps, and related promotional products. Customer’s advertising placement includes design, layout, production, and distribution aligned with the selected golf course’s scheduled printing cycle. Golf Courses acknowledge that materials are provided at no cost in exchange for allowing such advertising. Golf Courses acknowledge that interference or disruption to these operations is a material term of this Agreement that may cause Direct Fairways lost revenue, lost expenditures, lost opportunities, and other harm.

14. Seasonal Production Schedule & Print Deadlines

14.1 Industry-Standard Print Schedules

You acknowledge and agree that golf courses operate on strict seasonal print schedules and must have printed scorecards and guides available before their seasonal opening or designated tournament periods.

14.2 Print Dates Cannot Be Delayed or Expedited

You understand and agree that all printing follows the golf course’s predetermined seasonal production schedule. Print dates cannot be delayed or expedited, and Direct Fairways is not obligated to accelerate, rush, or alter production timelines due to Customer Your delays, preferences, or internal business circumstances.

You acknowledge and agree that advertising placement must be finalized before the scheduled print window, and missing required deadlines may result in exclusion from that season’s printed materials.

14.3 Timely Approvals Required

You understand that approvals and billing must be secured before production begins to reserve advertising space and ensure timely printing.

15. Seasonal / Session-Based Billing

You understand and agree that billing is tied to the upcoming golf season’s production cycle, not general calendar dates.

Billing secures Your reserved advertising placement for that seasonal print run.

Once a course enters its production window, Direct Fairways must finalize advertisers, artwork, and billing to meet print deadlines.

This session-based billing structure ensures that Your ad is included in the correct season’s printed materials.

16. Verbal Authorization & Billing Consent

You acknowledge and agree that Direct Fairways may record telephone calls for quality assurance, verification, and authorization purposes.

16.1 Verbal Authorization as Binding Approval

You agree that Direct Fairways is permitted to obtain and rely upon recorded verbal authorization for:

  • Renewals tied to the upcoming golf season;
  • Billing and payment processing for those renewals;
  • Approval to use previously supplied artwork or information; and
  • Authorization to proceed with production to meet required print deadlines.

16.2 Use of Verbal Authorization for Deadline Compliance

You understand that verbal authorization may be used when print deadlines are imminent and written communication may not be received in time.

This ensures:

  • Your advertising placement is not lost;
  • The golf course receives printed materials on schedule; and
  • You do not miss an entire season of advertising.

16.3 Confirmation

Direct Fairways will provide written confirmation of renewal terms following verbal authorization and will proceed consistent with the recorded approval.

 

17. .Partial Payments: Collection Rights; Suspensions or Revocation of Advertising

17.1 Payment Obligations

You acknowledge and agree that any partial payment, installment plan, or payment arrangement approved by Direct Fairways is provided solely as a courtesy and does not modify or reduce Your obligation to pay the full Contract Amount in accordance with this Agreement.

17.2 Right to Collect

If any scheduled payment is not received on or before the agreed-upon due date, Direct Fairways reserves the right to immediately collect any past-due amount using the payment method authorized by You, to the fullest extent permitted by applicable law and this Agreement. Direct Fairways may also pursue any other lawful remedies available to collect the outstanding balance.

17.3 Suspension or Revocation of Advertising

If Direct Fairways is unable to successfully collect any scheduled or past-due payment, or if You fail to fulfill Your payment obligations under this Agreement, Direct Fairways reserves the right, without further notice or liability, to suspend, remove, revoke, or cancel Your advertisement, promotional materials, and any associated advertising placement. Any reserved advertising space may be reassigned at Direct Fairways’ sole discretion.

17.4 No Release of Payment Obligation

The suspension, removal, revocation, or cancellation of Your advertisement due to nonpayment does not relieve You of Your obligation to pay the full Contract Amount. You remain responsible for all amounts due under this Agreement, including any applicable collection costs, fees, interest (if applicable), and any other remedies available to Direct Fairways under this Agreement or applicable law.

17.5 No Refund

If Your advertisement is suspended, removed, or revoked due to Your failure to make timely payment, You shall not be entitled to any refund, credit, or reduction of the amounts due under this Agreement. Direct Fairways’ exercise of its rights under this Section shall not constitute a waiver of any other rights or remedies available under this Agreement or applicable law.

18. Customer Responsibilities

You agree to:

  • Provide accurate contact, billing, and artwork information;
  • Respond promptly to calls, emails, and approval requests;
  • Review and approve artwork proofs in a timely manner; and
  • Notify Direct Fairways of any changes to business, payment methods, or ad content before production deadlines.

Failure to provide timely responses may result in Direct Fairways:

  • Using previously approved artwork;
  • Relying on verbal authorization; or
  • Proceeding with reasonable design decisions to meet production schedules.

19. Artwork & Production

You are responsible for reviewing and approving artwork proofs.

If You do not respond within the required timeframe, Direct Fairways may:

  • Use the most recent approved artwork on file; or
  • Move forward with a simplified layout to meet print deadlines.

Production begins once written or verbal authorization is obtained.

Late changes requested after approval may not be possible or may incur additional fees.

20. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, performance, or breach, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial  Arbitration Rules. The arbitration shall be held in Maricopa County, Arizona, before a single arbitrator. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You waive any right to participate in class actions or class arbitrations.

21. Attorneys’ Fees and Costs

In any action, arbitration, or proceeding to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs from the non-prevailing Party.

22. No Waiver

No failure or delay by Direct Fairways in exercising any right under this Agreement shall constitute a waiver of that right.