GOLF TOURNAMENT PARTICIPANT ASSUMPTION OF RISK & RELEASE OF LIABILITY AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
- Definitions. The person who is participating in a golf tournament and related golf tournament events organized, sponsored and held by THE GENESIS PROJECT OF NORTHERN COLORADO, a Colorado non-profit corporation (GENESIS PROJECT), including but not limited to use of a golf cart while participating in the golf tournament, shall be referred to hereinafter as “Participant.” The “Undersigned”, “I”, “me” or “my” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means GENESIS PROJECT, and its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, owners, members, and shareholders. The “Activity” means participating in a GENESIS PROJECT golf tournament and related golf tournament events, including but not limited to the use of a golf cart.
- Risks of Activity. I agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. I acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to, death; serious neck and spinal injuries which may result in complete or partial paralysis; brain damage; blindness; serious injury to virtually all internal organs; serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of Participant’s body, general health and well-being; those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Activity. I understand that the dangers and risk of the Activity and playing golf and using a golf cart may result not only in a serious injury, but in a serious impairment of Participant’s future abilities to earn a living, to engage in other business, social and recreational activities and generally to enjoy life. THE UNDERSIGNED ACKNOWLEDGE AGREE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. RECOGNIZING THE RISKS AND DANGERS, I AGREE AND UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
- Release and Indemnification. In consideration of the Participant being permitted to participate in the Activity, and in consideration of any amounts paid to the Released Parties to participate in the Activity, the Undersigned agree as follows: (a) THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, FOREVER DISCHARGES, AND AGREES NOT TO SUE OR BRING ANY OTHER
LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature, including, but not limited to, the “Risks of Activity” described above, whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to, claims of negligence, negligence per se, misrepresentation, premises liability, tort claims, statutory claims and violations, breach of warranty, and/or breach of contract; and (b) I hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever, including, but not limited to, property loss, medical bills, loss of income, impairment, and disfigurement, and from any suits, claims or demands, including legal fees, attorneys’ fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on my part shall survive beyond the period of the Participant’s participation in the Activity.
- Golf Cart Use and Damage. I accept full responsibility and liability for the care and use of any golf cart used by Participant during the Activity. I acknowledge and agree I am responsible and liable for any damage occurring to any golf cart used by the Participant regardless of the circumstances under which the damage occurs. I agree I am responsible and liable for all damages to the golf facilities, golf course, golf equipment and golf carts at the facility where the golf tournament is located, as well as any damages, costs or expense caused by or resulting from Participant’s action, inaction or omission while participating in the Activity.
- Minor Acknowledgment. In the case of a minor Participant (a Participant under 18 years of age), the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this agreement. Additionally, by signing this agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this agreement without a parent or legal guardian’s signature, Participant represents and warrants that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent and warrant they are a legal parent or guardian of the minor Participant.
