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
term of this Agreement.
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 and
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.