The Floyd Law Firm and its’ team of lawyers and staff have more than 40 years experience in serving the golf industry. We consult with, advise and represent golf owners, developers, lessors, club professionals, general managers, bank directors and investors about the many legal issues that surround the ownership, management, purchase, sale, lease, operation, construction and development of golf facilities. Out attorneys and staff work to provide an integrated and coordinated approach to golf industry legal issues and help our clients achieve their business goals. Often it’s not what we do, but what you do with our advice that counts.

A FEW OF OUR CLIENTS
Deane Beaman, former Commissioner of the PGA Tour
Gary L. Schaal, former president of the PGA
Will Mann, former president of the PGA
TSC Golf, Inc.
Signature Golf, LLC

AREAS OF LEGAL SERVICE

• Land acquisition at site approval
• Sales
• Leases
• Resort Development
• Planned Communities Development
• Land Use and Zoning
• Management Transactions
• Financing
• Operations
• Permitting and Licensing
• Membership Programs
• Choice of Entities
• Due Diligence Review
• Golf Course Liability Issues
• Risk Management
• Litigation
  

WHY RETAIN US?

More often than not, most law firms lack the “Big Picture” when it comes to advising owners, boards, lenders, municipalities and golf professionals. Our firm seeks to balance the technical details with a common sense approach to problems facing the golf industry. It seeks proactive solutions which are suited to the needs of its clients to maintain reasonable costs with workable results.

Whether you are dealing with acquisitions (purchase or lease), sales, financing, choice of proper business entity to own and/or operate your golf facility, turnover of assets from the Developer to the club, contract preparation and negotiation, drafting By-Laws, Articles, Restrictive Covenants, Shareholder Agreements, Operating Agreements, Lease Proposals, Lease Options, Purchase and Sales Contracts, Risk Management Analysis, and other problems affecting the golf industry, our firm has the knowledge and experience to help you.

PROFILE

The president of Golf Rx, Dalton B. Floyd, Jr. has actively practiced law for over 40 years. In addition to organizing three financial institutions, and actively advising clients in construction, purchase, development, sale and leasing of golf facilities, he has been the attorney for the Carolinas Section of the Professional Golf Association for over 15 years and has been an instructor for the Education Department of the PGA and The National Golf Course Superintendents Association. Dalton is a frequent speaker on a variety of cutting-edge golf industry topics.

Concurrently, he has been active in all legal areas that affect golf courses. In addition to representing clients in developing golf facilities, residential and commercial developments, Dalton has also represented Plaintiffs and Defendants in an active Trial and Appellate practice. His experience in Litigation has proven to be a valuable asset in his representation of clients on golf financing, contracts and business issues.

In recent years he has specialized in golf industry matters and in advising businesses in the various legal issues affecting their companies.

FINANCIAL ISSUES

What Kinds of Legal and Financial Issues Does Our Firm Handle?

LEASING YOUR GOLF COURSE

The many advantages of leasing a golf facility are making this an attractive alternative to selling your golf course. It allows you as an owner to shift to the Lessee the day-to-day management responsibilities while you receive a fixed income with a potential for greater returns while maintaining control of the property. The Floyd Law Firm has the capabilities of assisting both Lessors and Lessees in structuring, negotiating and preparation of Lease Agreements.

PURCHASING YOUR GOLF COURSE

The acquisition of a golf facility or for the expansion of an existing golf facility requires the purchaser to consider many legal issues. Issues such as pricing the business, investor considerations, establishing an exit strategy, setting goals and limits for the purchase or lease, feasibility analysis, preparing a Letter of Intent, Purchase Agreements or Options, due diligence examination, and structuring the purchase or lease requires the help and assistance of an expert from the beginning to make this a successful venture. The staff of our firm has over 40 years experience in these matters.

SECURING FINANCING FOR YOUR GOLF COURSE

The ability to finance the purchase or lease of the golf facility is crucial to the deal. Whether it is structuring a joint venture with a real estate developer, choosing investors, structuring owner financing or borrowing funds from a traditional lender or specialized lender, the issue of “money” is a critical problem to be solved. Our firm with its experienced staff knows how to avoid the pitfalls that await the golf entrepreneur, and work with lenders or owners in obtaining the proper financing for your facility.

HOW TO AVOID LAWSUITS

Owners of golf facilities often find themselves as Defendants due to someone being injured either on or around their courses. Our firm recommends procedures and management programs to prevent and control your exposure to loss through effective risk management. Some areas of potential loss demanding special attention include the following:

1. Errant golf ball liability
2. Workers’ compensation claims
3. Negligent design
4. Dram-shop/alcohol liability
5. Anti-discrimination legislation such as age, gender, religion or disability
6. ADA claims
7. Lightning liability
8. Sexual harassment
9. Wrongful termination
10. Libel and slander
11. Premises Liability

CHOOSING THE PROPER BUSINESS ENTITY

In today’s complex world of increasing liability for owners and operators of golf facilities, coupled with rising business taxes, makes entering the golf industry a risky venture. The Floyd Law Firm advises prospective and present golf facility owners on the proper choice of business entity to meet the needs of the proprietor or operator. Factors that influence decisions are limited liability, investor requirements, amount of autonomy needed by the owners, style of management, tax status, fringe benefits and allocation of profits, to name a few. Examples of business entities to choose from are:

1. Limited or General Partnerships
2. Sole Proprietorship
3. Limited Liability Company
4. S Corporation
5. C Corporation

WHAT KINDS OF CONTRACT ISSUES DOES OUR FIRM HANDLE

Entering into and Negotiating Contracts

The average golf facility will make thousands of contracts in it lifetime. The Floyd Law Firm assists golf course owners and operators in drafting and entering into prudent contracts such as:

1. Leases of golf carts
2. Advertisement Contracts
3. Fertilizer and Chemical Agreements
4. Golf shop inventory, stock, merchandise, office equipment contracts.
5. Special independent contractor agreements such as tree trimming, replacement of greens or bunkers, etc.
6. Golf cart Initial Fee Contracts
7. Events contracts
   

Employment Contracts

Nothing can disrupt a business quicker than poor employer-employee relations. Our firm advises employers on the most effective method of structuring employment contracts to protect the employer and establish the framework for a proper employer-employee relationship. Factors to be considered include the following:

1. Compensation
2. Buy-Out clauses
3. Mediation and arbitration
4. Disability
5. Terms of Contracts
6. Duties and responsibilities of parties
7. Termination and default concession activities
8. Periodic reviews

Structuring Agreements Between the Golf Facility and Its Members

Members of golf courses often become disenchanted with either the direction the management is heading or the extent of their rights as members. The Floyd Law Firm aids the owners and operators in working through problems and agreements on the many and varied issues arising in the operation of a club.

Relationship Between the Golf Course Property owners and Property Owners Associations.

Whether your golf facility is in a metropolitan area, a small town, a resort area or a retirement community, the relationship between the golf facility, its ownership and management, and the property owners or the members of the Property Owner’s Association is critical to the success of the facility. An adversarial relationship will be detrimental to the viability of your business.

The Floyd Law Firm can assist in preventing such problems or help in working through problems if they arise. Our firm has the experience and specialized knowledge in not only the golf business, but association laws and real estate development which are vital in the proper resolution of these problems.