CONSENT, WAIVER, RELEASE and INDEMNITY AGREEMENT
1. THIS CONSENT, WAIVER, RELEASE and INDEMNITY AGREEMENT (“Release”) is made by the registering student (“Participant”) if student is over the legal age of 18 or the parent(s)/guardian(s) (“Parent/Guardian”) registering her/his/their child (“Participant”) under the legal age of 18 for participation in a GOLF SQUAD LLC (“GS”) event to consent to participation in the event, release GS from liability, waive any and all claims against GS, and indemnify GS as set forth below. For purposes of this Release, GS shall also include the participating school and all its and GS’s respective members, officers, directors, instructors, agents, contractors, employees, heirs, successors, and assigns (collectively referred to as “GS”).
Participant or Parent/Guardian of event Participant under 18, on Participant’s behalf, and on behalf of the other members of Participant’s family, including participant’s parents, heirs, and assigns, (singularly and collectively referred to as “Participant” where appropriate) hereby grants to GS this Release as consideration in exchange for permitting Participant to participate in the GS event.
Participant or Parent/Guardian hereby consents to the participation by Participant in the GS event for which they are registering Participant. Parent/Guardian hereby further consents to emergency medical care and transportation in order to obtain treatment in the event of injury to Participant as GC or any treating physician or facility may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of any emergency.
3. WAIVER AND RELEASE
Participant or Parent/Guardian of participant, on behalf of Parent/Guardian and Participant, hereby Waives, and releases and holds harmless GS from, any liability OR potential cause of action with respect to any AND ALL bodily injury, disability, death, or loss or damage to person or property occurring as a result of participant’s participating in the event, whether caused by negligence or OTHERWISE. Parent/Guardian of Participant hereby assumes full responsibility for risks of, and releases GS from liability for, any bodily injury, property damage or death to Participant due to the negligence of GS or the ordinary negligence, gross negligence, willful misconduct or intentional act of any third party, including others participating in the event. All personal property brought to the event is brought at the sole risk of Participant as to its theft, damage, or loss.
Participant or Parent/Guardian of Participant hereby agrees to indemnify, defend, and hold harmless GS, at Parent/Guardian or Participant’s sole cost, from any and all claims or causes of action arising out of Participant’s participation in the event.
5. Additional Terms
Participant or Parent/Guardian of Participant hereby expressly agrees that the terms of this Release contained herein are intended to be as broad and inclusive as is permitted by all applicable Federal, state and local laws. Any provision or portion of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof has not been contained herein.
Applicable Law. This Release and the services provided by GS are governed in accordance with the laws of the State of South Carolina without regard to conflict of law principles. The venue and jurisdiction for an arising dispute under this Release or from the services provided by GS shall be proper in any State of Federal court located in Spartanburg County, SC, or Mecklenburg County, NC, at GS’s discretion.