PINK BALLERS ANNUAL GOLF TOURNAMENT
RELEASE AND WAIVER
Release and Waiver of Liability: I, for myself, and on behalf of my family, estate, heirs, executors, administrators, trustees, personal representatives, successors and assigns, hereby release and covenant not to sue the Pink Ballers, members, marshals, sponsors, licensees and partners conducting or sponsoring participatory/interactive activities, sampling or other similar games, events or activities associated with the Pink Ballers Annual Golf Tournament, (the “Event”), and all owners, operators and lessors of premises on or in which any Pink Baller activity takes place, and the owners, shareholders, members, managers, partners, affiliates and direct and indirect subsidiaries of each of the foregoing, and each of the officers, directors, agents, representatives, employees, contractors, volunteers, subcontractors, sponsors and licensees of all of the foregoing, and each and all of their respective successors and assigns (collectively the “Released Parties”), for, from and against any and all present and future liabilities, obligations, damages, losses, claims, actions, suits, procedures, demands, costs or expenses (collectively, “Claims”), including, without limitation, for property damage, personal injury, or wrongful death, arising as a result of or relating to my participation in the Event, use of facilities, premises or equipment, whether or not related to the Event, or transportation to and from the Event, wherever, whenever, or however the same may occur, regardless of who is at fault and including as a result of the ordinary negligence of any of the Released Parties (collectively, the “Released Claims”), to the fullest extent permitted by applicable laws. I agree that the opportunity to participate in the Activities is a full and fair exchange for my release of the Released Claims.
Indemnification and Hold Harmless: To the fullest extent permitted by applicable laws, I further agree to indemnify and hold harmless the Released Parties from any and all Claims brought by anyone (including, without limitation, medical providers and insurers) as a result of my involvement in the Event and activities, use of facilities, premises, or equipment, whether or not related to the Event, or transportation to and from the Event and activities, including, without limitation, any Released Claims, and to reimburse the Released Parties for any costs and expenses, including, without limitation, attorneys’ fees, incurred in defending such actions.
Informed Consent and Assumption of Risk: The Event and any associated activities may also involve physical interactions with and proximity to other participants and members of the public. I acknowledge that I am responsible for wearing appropriate attire and footwear for the activities in which I intend to participate.
I understand and agree that the Released Parties are not responsible for any injury, death or property damage arising out of the Event, use of facilities, premises, or equipment, or transportation to or from the Event, whether or not related to the Event, even if caused by their ordinary negligence of fault. I understand that participation in the Event involves certain risks, including, but not limited to, consumption of food, weather conditions, negligent or willful acts of other participants, negligent first aid operations and procedures of Released Parties, serious injury and death, and other risks that are unknown at this time. I am voluntarily participating in the Event and activities with knowledge of the dangers involved and agree to accept all risks of participation. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the ordinary negligence or fault of the Released Parties, and assume full responsibility for my participation in the Event and activities. I agree to abide by and comply with any posted rules relating to any of the Event and activities. I further agree that prior to participating in the Event, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe, I will immediately refuse to participate and will inform the Released Parties.
I consent to administration of first aid and other medical treatment in the event of injury or illness. If I need medical treatment as a result of my participation in the Event, travel to and from the Event, or any activities incidental to the Event, I agree to be financially responsible for any costs incurred as a result of such treatment.
Publicity Release: I understand that the Activities may be filmed or photographed and I consent to being filmed, photographed and/or recorded, with any retouching or alteration without restriction, and I hereby grant the Released Parties the unlimited right throughout the world in perpetuity to use, distribute, exploit, edit and modify my name, city of residence, comments, voice, photo, likeness and/or demographic information free of charge in any manner and for any purpose (including commercial purposes and sublicensing) in any media now known or hereafter developed, and waive my moral rights therein in favor of the Released Parties and their successors and assigns. I further agree that any photographs, videos, sound recordings or other accounts or descriptions (whether data, textual, visual or audio) of all or any part of the Event created by me may be used only for personal, non-commercial uses.
Governing Law: I understand that this Release and Waiver is intended to be as broad and inclusive as permitted by law and agree that if any portion of this Release and Waiver is invalid, the remainder will continue in full legal force and effect. I further agree that this Release and Waiver is governed by the laws of the Province of Ontario and that any legal proceedings related to this Release and Waiver will take place in the Ontario Courts.
Participants Over the Age of Majority in their Jurisdiction of Residence: I have reached the age of majority in my jurisdiction of residence and am freely signing this Release and Waiver, and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law. I have read this Release and Waiver and understand that by signing it, I am giving up legal rights and remedies. I understand that I am responsible for determining whether participation in the Event is advisable. In signing this Release and Waiver I have not relied on any statements or explanations by the Released Parties or any of their representatives.
Pink Ballers 