PPG MEMBER AND GUEST WAIVER/RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
For and in consideration of Private Professional Golf (“PPG”) allowing me, the undersigned, to participate in PPG events and all related activities (“Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability,
Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Events; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Events. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in Events, that I am responsible for my own safety and well being at all times and under all circumstances.
2. I understand and acknowledge the risks and dangers associated with participation in the Events, and the inherent risks associated with international travel, recreational activities, animal and insect interaction, zip lining, trampolines, tight ropes, water sports, boating and the sport of golf, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of income; loss of or damage to equipment/property; exposure to extreme conditions, circumstances and accidents; dangers arising from adverse weather conditions, water and surface hazards; imperfect court conditions; equipment failure, including equipment provided by PPG or others; inadequate safety measures; limited or no access to medical facilities; participants of varying skill levels; situations beyond the immediate control of the PPG; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Events.
3. I agree to be familiar with and to abide by the Rules and Regulations established for the Events, including but not limited to any safety regulations. I accept sole responsibility for my own conduct and actions while participating in the Events, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: PPG, he Host Facilities, Property Owners or Operators upon which the Events takes place; Event Sponsors and Advertisers; the current and former PGA Tour and European Tour professional golf players, coaches and officials participating in the Events; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, principals, partners, owners, shareholders, members, agents, contractors, employees and volunteers (Individually and Collectively, the “PPG” or “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
5. Membership Termination. PPG has the sole discretion to terminate membership at any time and for any reason. Reasons include but not limited to conduct unbecoming of a member, failure of payments, and disruption of events.
6. Entry Fees. All entry fees must be paid in coordination with the stated deadlines. All entry fees will be paid via credit card on file or other agreed upon payment option.
7. Event Cancelation Policy. All cancelations before 12 weeks prior to event will be eligible for refund of the entire deposit. All cancelations inside 12 weeks will not be eligible for any refund of deposit. If event has a waiting list and a player’s spot is able to be filled, a player will be eligible for a deposit in the form of a credit for future event or membership dues.
8. Disclosure of Information and Condition of Membership. I understand, acknowledge and authorize the disclosure and release of information to the Club and the Company for the purpose of investigation of my qualifications for Club membership and authorize those persons or entities named herein as references to furnish personal and financial information about me. I further authorize the full disclosure and release of information to the Company and the Club regarding my law enforcement records and credit history. Membership in the Club is contingent upon approval by the Company, which approval shall be at the Company’s sole and absolute discretion.
9. Photo and Video Release. I grant permission to PPG and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release PPG and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during an interview, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.
10. Payment of Dues, Fees and Charges. I understand that I am responsible for the prompt payment of all deposits, fees and charges incurred in connection with my PPG membership, including any fees or charges incurred by my spouse, my immediate family members and guests, and agree to pay such fees and charges in a timely manner upon billing. All dues, fees and charges are billed directly to me as the PPG member. I understand that the annual dues payment shall be due on the 1st of February each year and that my membership account shall be considered delinquent if not paid within twenty (15) days after the date of the statement or the date that any other amount is due PPG and will be subject to the lesser of (i) a one and one-half percent (3%) late charge per month, or (ii) the maximum amount that may be contracted for, taken, reserved, charged, or received under applicable law. This late charge shall accrue on delinquent account balances beginning thirty (30) days from the date of the monthly statement reflecting such amount as being owed and until the delinquent amount is paid in full. A late charge which is collected and is in excess of the maximum amount allowed by law shall either be credited to your account or shall be refunded if no amount remains unpaid on your account. I acknowledge that PPG may take whatever action it deems necessary to effect collection of any delinquent balance in my account, including without limitation, suspension or termination of my membership or legal action, and I shall be liable for all costs and for any expenses of collection including, but not limited to, reasonable attorneys’ fees, including any fees incurred in connection with appellate proceedings. By execution of this Membership Agreement, I unconditionally authorize the PPG to charge any and all obligations incurred in connection with my PPG membership against the credit card account on file and any and all substitute or additional credit card accounts noted in the PPG’s records as related to my membership or my account. Such charges specifically include but are not limited to dues, event entry fees, travel costs, service charges, use fees, F&B, and merchandise and any other amounts. I agree to keep a valid and current credit card account to which charges are authorized to be made on record with the PPG at all times and to promptly take any and all other actions required to effect the provisions of this paragraph. In the event that my credit card account of record with the Club expires or is no longer valid, I further agree to immediately substitute a valid credit card account without any requirement for notice from the PPG.
11. Governing Law and Performance. This Membership Agreement and Membership Provisions shall be governed by and construed and enforced in accordance with the laws of the State of Georgia and is performable in Troup County, Georgia.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms & conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.