In consideration of my participation in a golf school sponsored by JLH Golf Services, Inc. d/b/a LifeLong Golf (“Releasee”) to be held at The Broadmoor from October 7th – October 10th, 2023 (the “School”), the undersigned (“Releasor”) hereby releases, waives, covenants not to sue and agrees to indemnify and hold harmless Releasee, its shareholders, directors, officers, agents, volunteers, employees, affiliates, partners and/or co-venturers, its or their successors and assigns (“Other Releasees”) for every purpose from any and all liabilities, claims, demands, losses, costs, including social and/or economic losses, expenses, injuries (including serious bodily injuries, permanent disability, paralysis and death) and/or damages of any kind whatsoever, including court costs and attorney’s fees and expenses, that may be sustained by me in connection with the School, including traveling to and from the School or in any way relating to the School or my participation in the School, whether or not on the premises where the School is being conducted, including without limitation injuries sustained as a result of the sole, joint or concurrent negligence, negligence per se, statutory fault or strict liability of Releasees or Other Releasees (“Damages”). I understand that this Waiver, Indemnification and Release (the “Release”) does not apply to injuries caused by intentional or grossly negligent conduct.
I am fully aware that there are inherent risks to myself and others involved with sports activities such as those in which I intend to participate in connection with the School, including but not limited to illness, sprains, strains, abrasions, breaks, dislocations and similar injuries (including serious bodily injuries, permanent disability, paralysis and death), exhaustion, being struck by golf balls, golf clubs or other objects, burns, contact with wildlife, exposure to the elements, including heat or cold related illnesses, drowning or partial drowning, weather conditions such as heat and lightning strikes, lack of hydration, defective equipment or facilities, food borne illnesses, vehicle accidents, adverse contact with other School participants, mental stress, exposure to contaminants and allergens, including Covid 19, and loss of personal property, and I choose voluntarily and without coercion to participate in the activities of the School with full knowledge that such activities may be hazardous to me and my property and to the person and property of others. I acknowledge that there may be physically strenous activities, and I hereby represent that I am in sufficiently good health, I have sufficiently prepared or trained for participation in the School, I have sufficient physical fitness to participate in such activities and the School, I have not been advised to refrain from participating in similar activities by a qualified medical professional, nor do I know of any reason I should not so participate. I agree that if at any time I determine that an activity is unsafe, I will immediately discontinue further participation. I hereby indemnify and hold harmless Releasee and Other Releasees from any and all liabilities, claims, demands, losses, costs, expenses, injuries (including serious bodily injuries, permanent disability, paralysis and death) and/or damages of any kind whatsoever, including court costs and attorney’s fees and expenses, that may be sustained by me in any way relating to the School, including traveling to and from the School or while I am participating in the School, whether or not on the premises where the School is being conducted, including without limitation injuries sustained as a result of the sole, joint or concurrent negligence, negligence per se, statutory fault or strict liability of Releasees or Other Releasees.
I understand that Releasee does not maintain any insurance policy covering any circumstance arising from my participation in the School or relating to the Damages that are the subject of this Release. Therefore, I am aware that it would be prudent to conduct a professional review of my personal insurance coverage to ensure that I am adequately covered to my satisfaction.
It is my express intent that this Release bind my spouse and all the members of my family if I am alive, and my heirs, assigns and personal representatives if I am deceased, and that this Release shall be governed by the laws of the State of Texas. It is my express intent that this Release be construed broadly in order to constitute the maximum release and waiver permitted by applicable law.
In further consideration of allowing me to participate in the School, I hereby agree to submit to binding arbitration any and all claims for Damages I may have or assert. Such arbitration shall be commenced within one (1) year from the date on which any such claim allegedly first arose and shall be conducted by a single arbitrator in Dallas, Texas pursuant to the rules of the American Arbitration Association. Such arbitrator shall apply the Federal Rules of Evidence to all proceedings.The submission to the American Arbitration Association shall be unlimited, and any court of competent jurisdiction may enforce the arbitration award.
I hereby grant permission to Releasee to capture my image and likeness in photographs, videotapes, motion pictures, recordings or any other media (“Images”). I grant Releasee permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to Releasee’s business, including without limitation, publications, advertisements, brochures, web site images or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of any Image by Releasee prior to its use. I forever release and hold Releasee and Other Releasees harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation claims of copyright infringement for invasion of privacy rights or publicity.
In signing this Release, I acknowledge and represent that I have read it, understand it and sign it voluntarily as my own free act, that Releasee has not made, and I have not relied on, any oral representations or inducements apart from the terms of this Release. I execute this document for full, adequate and complete consideration, fully intending to be bound by the same, now and in the future.
ACCEPTING THIS DOCUMENT ON THE ONLINE REGISTRATION FORM INVOLVES THE WAIVER OF VALUABLE LEGAL RIGHTS. CONSULT YOUR ATTORNEY BEFORE SIGNING THIS RELEASE.