By registering for the 2024 USDGA Championship, You acknowledge and agree with all of the terms and conditions set forth by the USDGA in this document
RELEASE & WAIVER AGREEMENT - ACCEPTANCE OF RISK, WAIVER & RELEASE OF RIGHTS, USE OF NAME OR LIKENESS & ACCEPTANCE OF POLICIES (Players, Caddies, and Spectators – All terms below are intended to bind me, and if applicable, all caddies, parents, and other relatives when used,
Minor - In the event this is for a minor, you are representing that you are the minor’s parent or legal guardian, that you have the legal right to represent them, and that you agree to bind your child or guarded minor to this agreement.
Consideration - In exchange for the intangible value I will gain by attending and/or participating in the “Event” (any competition conducted by the United States Disabled Golf Association “USDGA” staff, PGA of America (PGA), PGA Golf Club Sponsors or volunteers), and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I agree to the following terms and policies related to my participation in the USDGA conducted Event:
Acceptance of Risk - I understand that there are certain risks inherent in the game of golf and that (a) my participation in the Event may result in serious injury or death. I accept any and all risks, including those from lightning, golf cart accidents, and being struck by golf balls and equipment. I may also be exposed to viruses or infections that could be dangerous or deadly; (b) I am responsible to make my own decisions; (c) I further acknowledge that I am voluntarily participating in the Event with knowledge of all potential dangers and hereby agree to accept and assume any and all risks of injury, disease, infection, or death, even if caused by the negligence of USDGA, PGA, its representatives, the PGA Golf Club, or their affiliates, sponsors and partners.
Personal Property- The PGA Golf Club is not responsible for the loss or theft of or damage to personal property on the Club’s premises. Whether held in storage or not. This includes but is not limited to personal Golf Carts, golf clubs, golf bags, golf accessories, money or other property. The player will take all precautions to avoid loss or theft of, or damage to, personal property. In the event of such loss, or damage, the player agrees to hold the club USDGA, PGA of America Sponsors, and volunteers harmless from and against any and all claims, actions, costs, expenses and demands in respect to such theft, loss or damage, however caused, arising out of or in connection with the use of the club.
Waiver of Liability and Claims - I hereby waive and release any and all claims and liabilities, now known or hereafter known, against the USDGA, PGA and the PGA Golf Club, their members, officers, directors, employees, volunteers, and all of their successors and assigns on account of injury, disease, infection, death, and property theft or damage, due to my presence at the Event, whether arising out of negligence or otherwise.
Agreement to the Use of my Name or Likeness – I hereby grant the USDGA, PGA, PGA Golf Club the irrevocable and permanent right to the use of my name and any images of me in all forms, for promotion or otherwise without my approval or any compensation.
Agree not to Sue – I agree to not bring any claims against the USDGA, PGA, or the PGA Golf Club, their members, officers, directors, employees, volunteers, sponsors, partners and all of their successors bind myself, spouse, assigns and heirs without limitation and this agreement is deemed to be a WAIVER, RELEASE, DISCHARGE AND COVENANT NOT TO SUE.
Agree not to Terminate & Enforceability - I agree that I cannot terminate or rescind this Release & Waiver. If any term or provision of this Release & Waiver is unenforceable in any jurisdiction, such unenforceability will not affect any other term or provision of this Release & Waiver.
Binding Agreement - This Release & Waiver is binding on and inures to the benefit of our respective heirs and successors. All matters arising out of this Release & Waiver shall be governed by and construed in accordance with the laws of the State of North Carolina, or State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida, North Carolina or any other jurisdiction). Any claim or cause of action arising under this Release & Waiver may be brought only in the federal and state courts located in Sampson County North Carolina, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
Voluntary Participation and Acceptance I acknowledge that I am at least 18 years of age and that I have read and understood all of the terms of this Release & Waiver and that I am voluntarily giving up substantial legal rights, including the right to sue the USDGA. I acknowledge I have the right to refuse to accept this Release & Waiver and the USDGA has the right to refuse to let me participate if I do not accept the Release & Waiver.
If the person is under 18 years of age – If I am the parent or legal guardian of the minor applying, I have the legal right to consent to and, I hereby do consent to the terms and conditions of this Release & Waiver. I acknowledge I have the right to refuse to accept this Release & Waiver and the USDGA has the right to refuse to let my child participate if I do not accept this Release & Waiver.
WAIVER/RELEASE FROM LIABILITY AND PLAYER/SPECTATOR ASSUMPTION OF RISK (INCLUDING COMMUNICABLE DISEASES)
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of the United States Disabled Golf Association Inc. (USDGA) PGA Golf Club and PGA of America (PGA) in related events and activities, I acknowledge, appreciate, and agree that: 1. Participation as a participant and/or any spectators associated with a participant includes known risks involved with the participation in a golf event, including but not limited to being struck by a ball or golf club, suffering from heat exhaustion, incurring a severe health problem like a heart attack or stroke, being injured by uneven terrain, and possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, 2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, 3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, 4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS to United States Disabled Golf Association INC PGA Golf Club and PGA their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND SUBMIT TO THIS WAIVER/RELEASE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
By registering for the 2024 USDGA Championship, You acknowledge and agree with all of the terms and conditions set forth by the USDGA in this document