EVENT RELEASE OF LIABILITY AND WAIVER OF RIGHTS
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS BELOW AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In consideration for volunteering at the 2024 COGNIZANT FOUNDERS CUP, at the UPPER MONTCLAIR COUNTRY CLUB in CLIFTON, NEW JERSEY (add all related events and/or activities) (“Event”) that is operated by LPGA Foundation Tournament Properties, LLC (“Organization”), I agree to all the terms and conditions set forth in this instrument (this "Release").
This Release shall be construed and interpreted as broadly as possible under the applicable laws, regulations, and ordinances (“Applicable Law”) of the State of Florida (“Applicable Jurisdiction”).
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree, to the greatest extent permitted under Applicable Law, to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW.
I hereby irrevocably and unconditionally agree for myself, my personal representatives, my heirs, next-of-kin, insurers, successors, and assigns, as follows:
- ASSUMPTION OF RISK. My choice to participate in the Event is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Event involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. I acknowledge that any injuries that I sustain may result from or be compounded by the actions, omissions, or negligence of emergency response or rescue operations provided at the Event. Further, there may be other risks of the Event not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to accept and assume these risks.
- RELEASE FROM LIABILITY. I hereby expressly fully and forever release, waive and discharge all claims, now known or hereafter known, against , Organization, Ladies Professional Golf Association, Cognizant Technology Solutions U.S. Corporation, the Event’s owner(s)/operator(s), the Event’s host golf course/club (and the owners and lessees of the Event premises) (individually and collectively, the “Organizers”), and those in privity with the Organizers or otherwise participating or involved in the Event, including, without limitation any and all: co-promoters, co-sanctioning bodies and any subdivision or affiliate thereof; sponsors, partners, promoters, advertisers, and charities and their respective affiliated and related companies and service providers; all Event players, caddies, coaches, agents, rules officials, and other participants, personnel and attendees; rescue and other medical personnel; service providers having a presence at the Event; premises or event inspectors, insurers, underwriters, consultants or other persons or entities who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event for the Event; other third parties with whom the Organizers have contracted in connection with the Event; and, for every organization/entity in this paragraph, its respective parents, subsidiaries, affiliates and related companies, and the shareholders, members, directors, officers, managers, employees, agents, officials, contractors, subcontractors, representatives, successors, assigns, insurers and volunteers of each of the them (collectively referred to as “Released Parties”) on account of injury, disability, death or property damage arising out of, or attributable to, my participation in the Event, even if it is due to the negligence, injudicious act, omission, or other fault of the Released Parties. This Section does not extend to claims for gross negligence, willful misconduct, or any other liabilities that the Applicable Law does not permit to be released by agreement.
- INDEMNITY. I will defend, indemnify, hold harmless, and reimburse Released Parties from and for all losses, damages, costs, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, or expenses of whatever kind, including reasonable legal fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against Released Parties or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Event. I will reimburse Released Parties if anyone makes a claim against Released Parties in connection with my participation in the Event, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Released Parties, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Event, and I waive any right I may have to do so. This means that I cannot sue to hold Released Parties responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Event, even if it is due to the negligence, injudicious act, omission, or other fault of Released Parties. I waive my insurers' right to make a claim against Released Parties based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Released Parties. This Section does not extend to claims for gross negligence, willful misconduct, or any other liabilities that the Applicable Law does not permit to be released by agreement.
- MEDICAL EXPENSES. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Event and understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless Released Parties from any claim based on such treatment or other medical services.
- REPRESENTATIONS. I am eighteen (18) years of age or older and I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Event. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Event, I will immediately discontinue further participation in the Event.
All matters arising out of or relating to this Release shall be governed by and construed in accordance with the Applicable Law without giving effect to any choice or conflict of law provision or rule (whether of the Applicable Jurisdiction or any other jurisdiction) and the Applicable Jurisdiction shall have exclusive jurisdiction to determine all disputes in relation to it. I hereby consent to the exclusive jurisdiction of such courts.
This Release shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release shall be enforceable to the fullest extent permitted by Applicable Law. If any portion of this Release is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release shall continue from this date forever. This document constitutes the entire agreement between Released Parties and me in respect of these matters and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.
VOLUNTEER TERMS AND CONDITIONS
In consideration for volunteering at the 2024 COGNIZANT FOUNDERS CUP, at the UPPER MONTCLAIR COUNTRY CLUB in CLIFTON, NEW JERSEY (add all related events and/or activities) (“Event”) that is operated by LPGA Foundation Tournament Properties, LLC (“Organization”) as part of the LPGA TOUR (the “TOUR”), I understand, accept, certify to, and agree to fully comply with the following Volunteer Terms and Conditions. I further agree to accept and enter into a RELEASE OF LIABILITY AND WAIVER OF RIGHTS for the Event (the “Release”), in the form required by Organization. Terms that are defined in the Release will have the same meanings when used in these Volunteer Terms and Conditions.
- I understand that I am strictly a volunteer for the Event and not an employee of the Organizers or the Event; that I volunteer my services freely and without pressure or coercion, direct or implied, from the Organizers or the Event; and, that there has been no promise of, nor do I have an expectation of receiving compensation or other benefits. I further understand and agree that my volunteer position is not guaranteed, nor if granted, guaranteed for any length of time, and that the Organizers may deny or end my volunteer opportunity at any time, for any reason, with or without prior notice.
- I certify that I have met all of the eligibility requirements for volunteering for the Event.
- In particular, I attest that I have never been found guilty of or entered a plea of guilty or of nolo contendere (i.e., no contest) to a crime determined to be a misdemeanor or felony. I further attest that I have never been judicially determined to have committed abuse or neglect against a person, child, or animal.
- I acknowledge that the Organizers may request additional information from me in connection with my application to volunteer or in connection with a particular volunteer role, and I agree to promptly provide any such additional information that is requested.
- I understand that I must present a valid government issued id prior to serving as an Event volunteer.
- If my volunteer role includes the operation of a golf cart or any other vehicle, I acknowledge, agree, and represent as follows: (a) I am at least eighteen (18) years of age; (b) I possess a valid driver's license; (c) I will operate the vehicle in a safe manner; (d) I will complete any necessary paperwork regarding an accident; (e) I will not have a right to a claim against the Released Parties in the event of accident, which causes injury and/or death while in possession of the vehicle, unless solely caused by the gross negligence of the Released Parties; and (f) I will reimburse the Event for the cost of the repair of any damage and/or be liable for any injury to persons caused by me while in possession of the vehicle.
- I agree to comply with all of the Organizers’ and the Event’s policies, including, without limitation, any security and conduct policies, health and safety policies and assessments, and policies related to my personal property. I understand that I will be solely responsible for any personal property that I choose to bring onsite, and that the Organizers do not have any responsibility or liability for such personal property or its safekeeping.
- In the course of volunteering for the Event, I understand that I may receive, observe or have access to non-public information concerning Organizers and/or the Event and related operations, participants, updates and other circumstances, and that such information is confidential. I agree that I will not disclose or use any of this confidential information, except as needed for me to perform the specific volunteer roles assigned to me for the Event. I agree that I will not take any photographs, audio, recordings, or other Works (as defined below) in any non-public Event areas or that may capture any non-public information without Organization’s express prior authorization.
- I understand that the TOUR owns the rights to all images, sounds and data from the Event. For more information, contact TOUR Media at 100 International Drive, Daytona Beach, Florida, 32124.
- I understand that with respect to any photographs, images, videos, audio or other form of display or public performance or reproduction of any portion the Event or related events that I capture (the “Works”), the TOUR grants me a limited license to use such Works for my personal, non-commercial use only (e.g., personal social media accounts) (“Licensed Content”), provided, that such Works are only captured from Event areas that are open to ticketed attendees and do not contain any confidential information of the Organizers or the Event. Works does not include, and this license does NOT include scoring-related data or statistics. Licensed Content may NOT be distributed on a real time basis (no live streaming or stroke by stroke account). I hereby assign TOUR, as sole owner, all right, title and interest in and to all Licensed Content, including all copyrights and rights to use all Licensed Content in any way.
- I agree NOT to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (i) in any form, any description or account (whether text, data or visual, and including, without limitation, play-by-play data) of the Event or related events (collectively, the “Descriptive Data”) for any commercial or non-personal, purpose; (ii) the Works for any commercial or non-personal purpose; or (iii) livestreams of any portion of the Event or related events (the “Livestreams”).
- Notwithstanding any of the restrictions in this Section 5, I agree that by entering into these Volunteer Terms and Conditions, I shall be deemed to have signed and granted Organizers, or anyone authorized by such parties, an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works, the Livestreams, and, to the extent permitted by law, the Descriptive Data (including without limitation rights to use my social media posts from or about the Event or related events).
- Furthermore, in consideration of my participation and the right to volunteer at the Event, I hereby irrevocably grant to Organizers, or anyone authorized by such parties, the absolute right and permission to use my name, image, likeness, voice, actions, statements and performance captured at the Event or related events in any manner and in any medium, including without limitation, streaming audio and/or video over the internet, live telecast / broadcast, cable, satellite transmissions, social media, brochures, print materials, video recording, photography and media that are unknown at this time, worldwide (in whole or in part) for any purpose without further authorization or compensation, and waive all claims and potential claims relating to such use unless prohibited by law. I understand that any such materials shall become the sole property of the Organizers.
The rights granted to Organizers under these Volunteer Terms and Conditions are in addition to any rights granted to Organizers in any other agreements. These Volunteer Terms and Conditions in no way limit or reduce any rights and obligations that the Organizers and I may have to one other under any other agreements or arrangements between us.
These Volunteer Terms and Conditions and any disputes related to these Volunteer Terms and Conditions shall be governed by the Applicable Law and Applicable Jurisdiction provisions of the Release. If any portion hereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.