Terms of Agreement
Throughout 2005, all golf clubs wishing to become authorized to utilize the USGA
Handicap System™ for its members must complete the application process and
all parties must agree to the following:
- The Golf Club acknowledges that the USGA is the owner of the trademarks and service
marks listed in the USGA Handicap System Manual, including but not limited to "USGA,"
"Handicap Index," "Index," "SLOPE," "Slope System"and
"USGA Handicap System" (the "Marks"), as well as the handicap formulas
and single decimal handicap system (hereinafter collectively referred to as the
"Handicap System"). As the owner of these well established Marks and Handicap
System, the USGA has the right to authorize their use by others, and has the corresponding
duty to ensure that those who are authorized to use such Marks and Handicap System
do so in a manner which preserves the integrity and reliability which the public
associates with the USGA and its Marks and Handicap System. Subject to the terms
and conditions set forth below, the USGA grants the Golf Club the non-exclusive,
non-transferable right to use the Marks and the Handicap System but not the USGA
logo during the
- The Golf Club agrees that:
- nothing herein shall give the club any right, title, or interest in the Marks or
the Handicap System (except the limited rights granted to the club pursuant to and
in accordance with this Agreement);
- each of the Marks and the Handicap System are the sole property of the USGA;
- any and all prior and future use of the Marks and the Handicap System by the club
shall inure tothe benefit of the USGA;
- the club will not use any name, logo, design or handicap system that is identical
with or confusingly similar to the Marks, the Handicap System, or any other USGA
Mark or USGA logo, or any design advertised with the Marks or the Handicap System
- the club will not file or maintain any application for any service mark or trademark,
or obtain, maintain, or attempt to obtain any ownership of any service mark or trademark
in any country of the world which refers to, or is confusingly similar to, the Marks
or any other trademark, service mark or logo of the USGA.
- A USGA Handicap must be called "Handicap Index" and "USGA Handicap
Index." In addition, all references to the USGA Handicap System must use the
phrase "USGA Handicap System."
- The Golf Club must indemnify, defend and hold the USGA harmless from and against
all claims, liabilities, losses, damages and expenses (including reasonable attorneys?
fees) arising out of, relating to, or in connection with any breach by the Golf
Club of its obligations hereunder, including but not limited to any actions taken
by the golf club, in breach of the USGA Handicap System.
- Any lawsuit filed arising out of or concerning this Agreement shall be filed in
the federal or state court in New Jersey, USA; the Golf Club consents to the jurisdiction
and venue of these courts, and agrees not to contest the same or seek to transfer
any lawsuit filed there to another court.
- The license supersedes all previous license agreements and authorizations for use
of the USGA Handicap System.