Host Protection Guarantee
Last updated: 03/03/2025
This Host Protection Guarantee (“Protection Guarantee” or “Agreement”) is between ParSims and its eligible Hosts (collectively, the “Parties”). ParSims provides this Protection Guarantee as an incidental benefit to facilitate and support business transactions occurring on our platform. This Guarantee is not an insurance policy and does not provide insurance coverage. Instead, it is a goodwill program designed to offer limited financial assistance to eligible Hosts for certain incidents occurring during a confirmed ParSims reservation, subject to the terms outlined below.
This Protection Guarantee is governed by ParSims' Terms of Service and User Agreement Parties entered into on the ParSims website (“Terms”). By using the platform, hosts agree to abide by these Terms, including all conditions and procedures outlined herein. Any capitalized terms in this Protection Guarantee and not herein defined shall have the meanings ascribed to them in the Terms.
1. Definitions
1.1 "Home Golf Simulator" means the golf simulation equipment, software, and associated components located at the Premises.
1.2 “Host” A person who lists and makes their home golf simulator available for rental through the ParSims platform.
1.3 "Booking" means a reserved time slot for use of the Home Golf Simulator.
1.4 “Participant” means the person renting the Home Golf Simulator
1.5 "Personal Property" means any items belonging to the Participant brought onto the Premises.
1.6 "Incidental Damage" means damage that occurs as a direct result of the normal and intended use of the Home Golf Simulator during a Booking, excluding damage caused by negligence, misuse, or intentional acts.
2. Coverage Programs
2.1 Host Liability Protection: ParSims may provide up to $50,000 in financial assistance to hosts for third-party bodily injury claims arising from incidents occurring during a ParSims reservation. Golfers acknowledge and agree to use ParSims and its host setups at their own risk.
2.2 Property Damage Protection: If a golfer is unwilling or unable to pay for property damage occurring during a confirmed rental, ParSims may provide hosts with up to $10,000 in financial assistance. A $500 deductible applies to all property damage claims.
3. Conditions for Eligibility
To qualify for financial assistance under the ParSims Protection Guarantee, the following conditions must be met:
3.1 Rental Verification: The incident must occur during a rental confirmed on the ParSims platform.
3.2 Video Evidence: The Host must provide video evidence clearly capturing the incident that led to the claim. This must be submitted to ParSims for review.
3.3 Safety Compliance: The host must have implemented reasonable safety measures, including but not limited to:
- Proper protection for simulator components (e.g., launch monitor and projector shields or covers);
- Proper placement of equipment to prevent hazards, such as tripping;
- Ensuring sufficient space for safe golf swings and keeping additional participants at a safe distance;
- Limiting the number of participants to what the space can safely accommodate.
3.4 Secondary Coverage: Any applicable insurance policies must be exhausted before seeking financial assistance from ParSims.
4. What Is Covered
4.1 Injuries: Bodily injuries to guests occurring within the simulator space during a booked and confirmed reservation.
4.2 Property Damage: Physical damage to simulator equipment or property directly related to the rental period.
4.3 Included Equipment: Coverage extends to golf simulators, furniture, and other pre-approved equipment made available during the rental, but does not include furniture or fixtures in the home that is not associated with the actual space used for the Rental.
5. What Is Not Covered
5.1 Incidents occurring outside of the confirmed reservation period;
5.2 Pre-existing conditions or prior damage;
5.3 Consequential or indirect damage;
5.4 Damage to items not reasonably necessary for the use of the Home Golf Simulator;
5.5 Natural wear and tear due to normal use;
5.6 Injuries or damage resulting from negligence or improper use of equipment or failure to follow safety guidelines;
5.7 Damages caused by acts of nature, communicable diseases, or unauthorized activities;
5.8 Sports-related injuries inherent to golf (e.g., strained muscles from swinging);
5.9 Damages to areas not specified in the rental agreement;
5.10 Fraudulent claims or claims involving misleading evidence.
6. Claims Process
6.1 Submission: The host must submit a claim via email to [email protected], including all required documentation and video evidence, within three business days of the incident.
6.2 Investigation: ParSims will review the claim and may request additional information. Cooperation in the review process is mandatory. Failure to respond promptly may result in claim denial.
6.3 Criminal Activity: If a claim involves criminal activity (e.g., theft or vandalism), the host must file a report with local authorities and provide a police report.
6.4 Final Decision: ParSims reserves the right to determine claim eligibility and payout amounts. All determinations made by ParSims are final and binding.
7. Policy Updates and Dispute Resolution
7.1 Policy Updates: ParSims reserves the right to update or modify the terms of this Protection Guarantee at any time, with immediate effect upon posting the revised terms.
7.2 Dispute Resolution: Hosts and guests are encouraged to resolve disputes through ParSims' secure messaging system. If unresolved, ParSims may mediate and retains full discretion in making final determinations.
8. Not an Insurance Contract
8.1 The Parties expressly acknowledge and agree that this Host Protection, including the personal property damage guarantee, is not intended to constitute an insurance contract under Utah Code Ann. § 31A-1-301 et seq. (Insurance Code).
8.2 Provider is not licensed as an insurer in the State of Utah, and the guarantees provided herein are limited to the specific circumstances outlined in this Agreement. This Agreement does not provide any of the following, which are typically associated with insurance contracts:
- Pooling of risks among multiple parties;
- Payment of a premium for coverage;
- Assumption of a broad range of fortuitous risks;
- Indemnification against loss, damage, or liability arising from an unknown or contingent event.
8.3 The personal property damage guarantee provided in this Agreement is incidental to the primary purpose of the Terms, which is to facilitate the recreational use of the Home Golf Simulator.
9. Miscellaneous
9.1 Governing Law: The validity, enforcement, construction, rights and liabilities of the Parties and provisions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah. If for any reason court action is filed, the Host consents to the jurisdiction of the courts of record in the State of Utah and agrees that proper jurisdiction and venue shall be exclusively in the state and federal courts of Salt Lake County, State of Utah. The Parties do hereby waive all defenses and questions of personal jurisdiction or venue for the purposes of carrying out this provision.
9.2 Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be resolved through the following process:
- Informal Negotiation: The Parties shall first attempt to resolve any dispute through informal negotiation within 14 days of the dispute arising.
- Mediation: If informal negotiation is unsuccessful, the Parties shall participate in mediation within 30 days of the failed negotiation. The mediation shall be conducted by a mutually agreed-upon mediator in Salt Lake County, Utah.
- Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator in Salt Lake County, Utah, within 60 days of the failed mediation.
9.3 Incorporation: This Agreement is part of and incorporated into the Terms. By entering into this Agreement, you acknowledge and agree that the Terms are incorporated herein by reference and form an integral part of this Agreement. The reference to the Terms is clear and unequivocal, and you are hereby alerted that the terms from the Terms are being incorporated into this Agreement.
9.4 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. The Parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid provision.
9.5 No Waiver: No waiver of any provision of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
9.6 Force Majeure: Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected Party's reasonable control, including, without limitation: acts of God; flood, fire, earthquake, or explosion; war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; government order or law; actions, embargoes, or blockades in effect on or after the date of this Agreement; action by any governmental authority; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; and shortage of adequate power or transportation facilities.
9.7 Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given: (a) upon personal delivery; (b) when sent by confirmed electronic mail or facsimile; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one day after deposit with a nationally recognized overnight courier, specifying next-day delivery, with written verification of receipt. All communications shall be sent to the respective Parties at the addresses set forth in the introductory paragraph of this Agreement or to such other address as subsequently modified by written notice given in accordance with this Section.
9.8 Assignment: Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party. Any attempted assignment or transfer in violation of this Section shall be null and void.
9.9 Electronic Acceptance and Signature: The Host may enter into this Agreement by either: Affixing their electronic signature to this Agreement using a method approved by the Company; or Checking a box labeled "I agree" or similar language adjacent to a link to or display of this Agreement on the Company's website or mobile application.
9.10 Legal Effect: By electronically signing or checking the box as described in Section 9.9, the Host acknowledges that they have read, understood, and agree to be bound by all terms and conditions of this Agreement. Such electronic acceptance shall have the same legal force and effect as a handwritten signature.
9.11 Records and Authentication: ParSims shall maintain electronic records of the Host's acceptance. These records shall be deemed authentic and admissible in evidence with the same force and effect as properly authenticated business records.