Travel Release Consent. Please review and initial where applicable. * I have adequately reviewed and agree to the Lisa Longball's Travel Release Policy.
GOLF SCHOOL WAIVER RELEASE AND INDEMNIFICATION AGREEMENT
In consideration, and as a condition of my participation at the Lisa Longball Golf School (“School”) being organized by Lisa Vlooswyk / Longball (LL) and Barbara Gutstadt / Women’s Golf and Travel Concierge (WGTC), the undersigned (“Participant”), agrees to be bound by the following conditions, terms, and Releasees.
Assumption of Risk and Responsibility
Participant acknowledges that golf is a sport requiring physical exertion and may involve other individuals, flying projectiles, motorized vehicles, and other unknown, unanticipated, or unpredicted risks and/or hazards, including exposure to a virus or other communicable disease such as SARS-CoV-2 coronavirus that causes the COVID-19 virus (“COVID-19”), and that Participant may be exposed to the risks of serious injury, permanent disability, or even death (“School Injuries”). Participant acknowledges that participating in the School / Travel is voluntary and that Participant is fully aware of and assumes these risks.
If Participant is participating and/or playing golf at a Golf School, Participant acknowledges that she/he is in adequate physical condition and fully capable of playing the game of golf. All Participants acknowledge that they are in adequate physical condition and are fully capable of undertaking any tasks they choose to perform. Participant recognizes that LL nor 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 the Participant 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 School participants) or uninvited guests; or otherwise reduce any risk to which Participant may be subject during any time period Participant is taking part in the School.
Agreement Regarding COVID.
Without limiting the foregoing, the Participant acknowledges the contagious and harmful nature of the COVID- 19 and knowingly and voluntarily assumes the risk that the Participant may be exposed to or infected by COVID-19 by participating in the School. Participant agrees that Participant may 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 (“Prevention Measures”).
Participant attests to have read and will abide by the CDC’s recommendations regarding the preschooling and the spread of COVID-19 at: https://www.cdc.gov/coronavirus/2023/ and that if Participant’s community has an in-place order, that Participant will not participate in the School during the duration of a shelter in place order.
Participant certifies that, to the Participant's knowledge, Participant is not now infected with COVID-19, is not experiencing symptoms that may be associated with COVID-19, and in the past 14 days has not been in close contact with anyone infected with COVID-19. The Participant will inform LL and/or WGTC immediately if any part of these certifications ceases to be true during School. Participant further agrees that failure to submit to any Prevention Measures shall
be cause for refusing and/or removing a Participant from taking part in the School at the sole discretion of LL or WGTC.
Release of Claims, Covenant Not to Sue, and Indemnification.
PARTICIPANT ASSUMES ALL RISK AND DANGER SURROUNDING AND ASSOCIATED WITH PARTICIPANT’S PARTICIPATION IN THE School AND RELATED ACTIVITIES ORGANIZED BY LISA LONGBALL. Participant’s personal representatives and administrators, heirs, and next of kin hereby waive, Releasees, covenant not to sue, and forever discharge the School, LL, and WGTC in its entirety including but not limited to officers, employees, ambassadors, consultants, all sponsors and/or third parties involved in the School, 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 Participant’s participation in and/or presence at the School. Participant 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 Participant’s acts or omissions or allegations thereof as a participant in the School and/or while Participant is on the School property. The Participant will be responsible for the Participant’s personal belongings and equipment and will not hold Releasees responsible for their loss. The Participant will treat the facilities and equipment provided in connection with the School with care and the Participant understands Participant will be assessed for any damage to facilities or equipment caused by Participant’s acts or omissions.
Agreement to Follow Rules, Policies, and Procedures.
Participant acknowledges that LL / WGTC may implement and enforce rules, policies, and procedures in connection with the School, including without limitation to ensure appropriate conduct by participants 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 “School Rules”).
Participant agrees to comply with all such School Rules and agrees that if Participant fails to comply with any School Rules or commits any misconduct, or if Participant’s participation might pose any health risk to others, all as determined by LL and/or WGTC in its sole discretion, Lisa Vlooswyk may refuse to allow Participant to participate in the School, without any refund to Participant or any liability to LL or WGTC.
Media Rights/Likeness. Participant hereby grants permission throughout the universe in perpetuity to Releasees to utilize Participant’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. Participant further understands and irrevocably agrees that (i) these materials will become the property of Releaseeses and will not be returned to Participant; (ii) Releaseeses 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) Participant waives any right to inspect or approve Releaseess' use of Participant’s likeness, image, voice, and/or words.
In the School that Participant is unable to do so on Participant’s own because of injury or illness, Participant consents to administration of first aid and/or medical treatment, and agrees to indemnify, waive, Releasees, covenant not to sue, and forever discharge Releasees from any and all liability or claims arising out of such treatment.
Participant 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 School. Such modifications and additional terms and conditions will be effective immediately and Participant’s continued participation in the School will be deemed acceptance thereof.
Participant agrees that North Carolina law shall govern any and all disputes arising in connection with participation in the School, receipt of services described in connection therewith, and disputes involving Releases. Such disputes shall be resolved by arbitration in the State of North Carolina pursuant to the Commercial Rules of the American Arbitration Association and 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.
Participant affirms that Participant has read and understands this School Waiver, Releasees, and Indemnification Agreement, and that Participant has adequately reviewed and executed this document freely and voluntarily, and entirely upon Participant’s own initiative, and intends to assume all risk and responsibility for Participant’s actions and further agrees to sign the same willingly and accept its terms and conditions.
I agree and fully understand the Travel Release provisions, requirements, and responsibilities.