In consideration, and as a condition of my participation in a golf tour being organized and hosted by Women’s Golf and Travel Concierge (WGTC) / Barbara Gutstadt, herein referred to as the “Releasees’” and the undersigned (“Traveling Guest”), agrees to be bound by the following conditions, terms and release, whether the activity is golf-related, social or both in nature.
Assumption of Risk and Responsibility.
Traveling Guest acknowledges that golf is a sport requiring physical exertion and may involve other individuals, motorized vehicles, golf carts, golf clubs, golf balls and other unknown, unanticipated, or unpredicted risks and/or hazards, including exposure to a virus or other communicable diseases such as SARS-CoV-2 coronavirus that causes the COVID-19 virus (“COVID-19”), and that the Traveling Guest may be exposed to the risks of serious injury, permanent disability, or even death (“Golf Tour Injuries”). Traveling Guest acknowledges that participating as a Traveling Guest is voluntary and that Traveling Guest is fully aware of, and assumes these risks.
If a Traveling Guest is playing golf or touring a Destination or at a Golf School, the Traveling Guest acknowledges that she/he is in adequate physical condition and fully capable of playing a game of golf and participating in the offered excursions. All Traveling Guests acknowledge that they are in the adequate physical condition and fully capable of undertaking any tasks that the Traveling Guest chooses to perform. Traveling Guest recognizes that WGTC is not responsible for any lack of guidance or training in the sport or rules of golf and/or the golf course being played by Traveling Guest, nor can it control the conditions of the golf course; the conduct of other individuals playing at the golf course, or employees/staff on the golf course, or any other individuals (including other Traveling Guests) or uninvited guests; or otherwise reduce any risk to which Traveling Guest may be subject during any time period Traveling Guest is taking part in the Golf Tour.
Agreement Regarding COVID.
Without limiting the foregoing, Traveling Guest acknowledges the contagious and harmful nature of the COVID-19 and knowingly and voluntarily assumes the risk that Traveling Guest may be exposed to or infected by COVID-19 by participating in the Golf Tour. Traveling Guest agrees that Traveling Guest could be subject to frequent temperature checks and verbal and/or written questionnaires and will be expected to practice social distancing and good personal hygiene, including wearing masks if mandated, at all times (“Protective Measures”).
Traveling Guest attests to have read and will abide by the CDC’s recommendations regarding the spread of COVID-19 at: https://www.cdc.gov/coronavirus/2023/.
Traveling Guests will certify that before traveling will not be infected with COVID-19, will not be experiencing symptoms that may be associated with COVID-19, and within the past 14 days before traveling, will not have been in close contact with anyone infected with COVID-19.
Release of Claims, Covenant Not to Sue, and Indemnification.
Traveling Guest ASSUMES ALL RISK AND DANGER SURROUNDING AND ASSOCIATED WITH Traveling Guest’s PARTICIPATION IN THE GOLF TOUR AND RELATED ACTIVITIES ORGANIZED AND SPONSORED BY WOMEN’S GOLF AND TRAVEL. Traveling Guest, Traveling Guest’s personal representatives and administrators, heirs, and next of kin hereby waive, release, covenant not to sue, and forever discharge Releasees in its entirety, including but not limited to officers, employees, ambassadors, consultants, all sponsors and/or third parties involved in the Golf Tour, and each of their respective affiliates, officers, directors, employees, volunteers, sponsors, workers, members and agents (collectively, “Releasees”) from and against any and all injuries, losses, damages, claims, actions, and any liability of any kind (including, without limitation, personal injury, death, or loss or damage to personal, private, or other property) (“Claims”), whether caused by the negligence of Releasees or otherwise, as a result of or in connection with Traveling Guest’s participation in and/or presence at the Golf Tour. Traveling Guest further agrees to indemnify, defend and hold harmless the Releasees for any liability, demand, judgment, claim or suit, including reasonable costs and attorney fees, arising out of or in connection with Traveling Guest’s acts or omissions or allegations thereof as a Traveling Guest on the Golf Tour. Traveling Guest will be responsible for Traveling Guest’s personal belongings and equipment and will not hold WGTC / Barbara Gutstadt responsible for their loss. Traveling Guests will treat the facilities and equipment provided in connection with the Golf Tour with care. Traveling Guest understands Traveling Guest will be assessed for any damage to facilities or equipment caused by Traveling Guest’s acts or omissions.
Agreement to Follow Rules, Policies, and Procedures.
Traveling Guest acknowledges that WGTC / Barbara Gutstadt may implement and enforce rules, policies, and procedures in connection with the Golf Tour, including without limitation, to ensure appropriate conduct by Traveling Guests and to implement and comply with public health and safety requirements, guidelines, and/or recommendations, whether relating to the COVID-19 virus or otherwise (collectively “Golf Tour Rules”).
Traveling Guest agrees to comply with all such Golf Tour Rules. It agrees that if Traveling Guest fails to comply with any Golf Tour Rules or commits any misconduct, or if Traveling Guest’s participation might pose any health risk to others, all as determined by WGTC / Barbara Gutatadt in its sole discretion, WGTC / Barbara Gutstadt may refuse to allow Traveling Guest to participate in the Golf Tour, without any refund to Traveling Guest or any liability to WGTC / Barbara Gutstadt.
Media Rights/Likeness. Traveling Guest hereby grants permission throughout the universe in perpetuity to WGTC / Barbara Gutstadt to utilize Traveling Guest’s likeness, image, voice, and/or words incidental to any pictures, television, radio, videotapes, recordings, film, the Internet, or any other form or medium now known or hereinafter devised without compensation, payment of royalties, notification, or permission.
Traveling Guest further understands and irrevocably agrees that (i) these materials will become the property of WGTC / Barbara Gutstadt and will not be returned to Traveling Guest; (ii) Releasees may edit, alter, copy, exhibit, publish or distribute photos for purposes of publicizing or promoting Releasees, their programs, or for any other lawful purpose; and (iii) Traveling Guest waives any right to inspect or approve Releasees’ use of Traveling Guest’s likeness, image, voice, and/or words.
First Aid. While on the Golf Tour, if Traveling Guest is unable to do so on Traveling Guest’s own because of injury or illness, the Traveling Guest consents to administration of first aid and/or medical treatment and agrees to indemnify, waive, release, covenant not to sue, and forever discharge Releasees’ from any and all liability or claims arising out of such treatment.
Traveling Guest acknowledges that the terms of this document may be modified at any time to impose new or additional terms or conditions related to participation in the Golf Tour. Such modifications and additional terms and conditions will be effective immediately, and Traveling Guest’s continued participation in the Golf Tour will be deemed acceptance thereof. Traveling Guest agrees that North Carolina law shall govern any and all disputes arising in connection with participation in the Golf Tour, receipt of services described in connection in addition to that, and disputes involving Releasees. Such disputes shall be resolved by arbitration in the State of North Carolina pursuant to the Commercial Rules of the American Arbitration Association then in force. A judgment upon the award rendered by the arbitrators shall be final and non-appealable and may be entered in any court having jurisdiction thereof.
Traveling Guest affirms that Traveling Guest has read and understands this Golf Tour Waiver, Release and Indemnification Agreement and that Traveling Guest has executed this document freely and voluntarily, and entirely upon Traveling Guest’s own initiative, and intends to assume all risk and responsibility for Traveling Guest’s actions and further agrees to sign the same willingly and accept its terms and conditions.