RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND
INDEMNITY AGREEMENT (the “Agreement”)
In consideration of being permitted to participate in clinics, tournaments or other activities organized by TPC@Lakewood Ranch LLC (the “Club”), regardless of where located or to engage in any activities at the Club or use Club facilities (collectively, the “Activities”):
1. PARTICIPANT acknowledges that Club Activities are physical and/or athletic activities, which may be strenuous and involves certain risks. By signing this agreement, PARTICIPANT hereby releases, waives and discharges the CLUB, including its officers, agents, employees, managers, independent contractors, parent organizations, subsidiaries, and affiliates and personnel (“Releasees”) from, and agrees and covenants not to sue Releasees for, any claim, liability, or demand of any kind or on account of any personal injury, temporary or permanent disability, death, property damage, or other damages, whether caused by the negligence of Releasees or otherwise, resulting from or in any way associated with PARTICIPANT’s participation in any of the Activities whether using exercise equipment or not, whether exercising or not, or whether on the Club premises or not. Further, PARTICIPANT agrees and covenants to indemnify Releasees for, and hold Releasees harmless, from any such claims, liabilities or demands.
2. PARTICIPANT further HEREBY VOLUNTARILY ASSUMES ALL RISKS of personal injury, including temporary or permanent disability or death, property damage, economic losses, and/or other damages to PARTICIPANT resulting from or in any way associated with his/her participation in any of the Activities, whether using equipment or not, whether exercising or not, or whether on the premises or not.
3. PARTICIPANT acknowledges and agrees that this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT is intended to be, and is, a complete release of any responsibility of Releasees for personal injuries and/or temporary or permanent disability or death and/or property loss/damage sustained by PARTICIPANT while participating in any of the Activities whether using exercise equipment or not, whether exercising or not, or whether on the premises or not; and PARTICIPANT further acknowledges and agrees that it is specifically intended to and does include release, waiver, assumption of risk and indemnity as to premises liability claims such as (by example, not limitation) slip & falls and/or trip & falls while participating in the Activities.
4. PARTICIPANT hereby grants the CLUB, and those acting on behalf of the CLUB with authority and permission, the irrevocable and unrestricted right and permission to use, re-use, publish, and re-publish any and all video images, photographic portraits or pictures of PARTICIPANT or in which PARTICIPANT may be included, in whole or in part, or composite or distorted in character or form without restrictions as to changes or alterations in conjunction with PARTICIPANT’S own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere and in any and all media now or hereafter known for illustration, promotion, art editorial advertising trade or any other purpose whatsoever. PARTICIPANT also consents to the use of any printed matter in conjunction therewith. PARTICIPANT waives any right that PARTICIPANT may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied. PARTICIPANT hereby warrants that he/she is at least 18 years of age, and that PARTICIPANT has the right to contract in his/her own name, or a parent or guardian of PARTICIPANT has entered into this Agreement on behalf of PARTICIPANT.
5. PARTICIPANT should consult with his or her physician or have a physical examination before participating in any Activities, especially if you are elderly, pregnant, unaccustomed to physical exertion, have physical limitations or a history of high blood pressure, heart problems or other chronic illness.
6. Each PARTICIPANT has been informed and acknowledges that the Club has made no claims as to medical or health benefits that can or may be obtained through participation in the Activities. The Club’s staff does not have the training, authority or expertise to provide medical treatment or related advice to PARTICIPANT.
7. This Agreement shall be governed by the internal laws of the State of Florida (without regard to conflict of laws or similar concepts). Each Party irrevocably agrees that any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall be submitted to and disposed of by arbitration before the American Arbitration Association (the “AAA”) in Sarasota, FL, including its Optional Rules for Emergency Measures of Protection. The arbitration panel shall consist of a single arbitrator selected jointly by the parties, or by the AAA if the parties are unable to reach an agreement. The arbitration award will be final and binding upon the parties and judgment upon the award rendered may be entered in any court having jurisdiction thereof. In the event the parties hereto shall be required to pursue arbitration, the arbitrator shall award to the prevailing party reasonable costs and professional fees incurred pursuing its claim. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation or arbitration between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non-conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by mail or courier service to its address as set forth in this Agreement.
PARTICIPANT confirms that he/she has read and understands this AGREEMENT and acknowledges and agrees to its terms and signs it freely and voluntarily.