Volunteer Agreement/Waiver

It is most important that you read the following before signing.

I understand and agree that:

• In the course of volunteering for the Kia Classic (“Tournament”), I may be dealing with confidential information and I agree to keep such information in the strictest confidence.
• The relationship between the Tournament and volunteers may be discontinued at any time by either the volunteer or the Tournament.
• I am strictly a volunteer, not an employee of the Tournament; that I volunteer my services freely and without pressure or coercion, direct or implied, from the Tournament; and, that there has been no promise of nor do I have an expectation of receiving compensation.
• I grant to LTPO and LPGA the unrestricted and assignable right throughout the universe in perpetuity to use my likeness, voice, and words in television, radio, pictures, videotapes, film or any other form now known or hereinafter devised to promote activities of the Tournament or LPGA without compensation or other benefit.
• I ASSUME ALL RISKS AND DANGER SURROUNDING AND ASSOCIATED WITH MY PARTICIPATION IN ACTIVITIES AND EVENTS ORGANIZED AND SPONSORED BY THE TOURNAMENT, from known, unknown, obvious and hidden conditions, including, without limitation, being struck by misdirected golf balls or carts, falls on and/or around the Tournament golf course and surrounding areas, and actions of third parties, whether such risk or danger occurs prior to, during, or subsequent thereto. In consideration for allowing me to participate as a volunteer and all other benefits to me arising therefrom, I, my personal representatives and administrators, heirs, and next of kin hereby waive, release, covenant not to sue, and forever discharge the Tournament, LPGA Tournament Properties One, LLC, Ladies Professional Golf Association, HYATT CORPORATION, as agent of XHR Carlsbad TRS LLC d/b/a Park Hyatt Aviara, Kia Motors America, Joongang Broadcasting Corporation, City of Carlsbad, CA, and each of their affiliated, related or owned companies, and all other persons and entities, including but not limited to, sponsors, players, employees, agencies, media producers and distributors, insurance carriers, volunteers, providers of first aid and independent contractors liable or who might be claimed to be liable (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), whether caused by the negligence of Releasees or otherwise, as a result of or in connection with my volunteering and/or presence at the Tournament. I FURTHER AGREE 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 my acts or omissions or allegations thereof as a volunteer for the Tournament and/or while I am on the Tournament property.
• In the event that I am unable to do so on my own because of injury or illness, I consent to administration of first aid and/or medical treatment, and agree to indemnify, waive, release, covenant not to sue, and forever discharge Releasees from any and all liability or claims arising out of such treatment.
• Florida laws shall govern any and all disputes involving Releasees. Any disputes involving the Releasees shall be resolved by arbitration in the State of Florida 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.
• I acknowledge that the Tournament and/or the LPGA has the right to perform record information checks in connection with my volunteer application for the Tournament and I will provide any personal information necessary in connection therewith. Additionally, If I am participating as a volunteer for transportation purposes, I give further authorization to request a motor vehicle record report.
• I hereby 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. Under penalty of perjury, I hereby declare that the attestations above are true to the best of my knowledge and belief. I understand that I must present the LPGA with a valid government issued ID prior to serving as a Tournament volunteer.

I affirm that I have read the Volunteer Disclosure, Waiver and Release Statement (“Waiver”), understand it, and agree to it willingly and accept its terms and conditions. This form may be released to any third party in the event of illness or injury.

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