I, the undersigned, agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Cliff Drysdale Management or Peter Burwash International, [collectively hereafter referred to as “CDM”] its resort partners, including but not limited to Ritz Carlton, Omni Hotels and Resorts, officers, agents, representatives, employees or tennis professionals [hereafter referred to as “Staff”] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in a program or experience offered by CDM due to any cause whatsoever, including without limitation, negligence on the part of CDM its Staff, partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
I am aware that the programs and events offered, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed program and the possibility of personal injury, death or property damage or loss resulting there from. I agree that if I suffer injury or illness CDM or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety.
Guest understands and acknowledges that the program may involve transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Guest acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Guest does not have any medical condition(s) that would prevent Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. While Guest understands and agrees that CDM will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the program, Guest understands that CDM assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
In consideration of Guest’s participation in the various activities that comprise the program, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither CDM; nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with CDM, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by CDM gross negligence or intentional malfeasance.
Guest agrees and acknowledges that CDM shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the program by Guest, which may occur on or during the program. Guest hereby expressly waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against CDM arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Guest brings on the program is brought at Guest’s sole risk and is Guest’s sole responsibility.
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by CDM or its Staff or any other inducement or coercion to go on the program. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this program and Wavier and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors.
I agree to grant the sponsors of this program or event to a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes Guest hereby gives full consent to CDM does not compensate guests in any manner for the use of images in any of the following: photographs, images, drawings and renderings, and for the use of including but not limited to: CDM website, brochures, advertisements, bulletins, media releases, newspaper and magazine articles, and any other form of promotion, information and publication, both print and digital.
As a participant on the program, I accept full responsibility for my behavior, well being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: playing tennis, running, or walking for a longer period than I am used to. I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, well being and health during the tour or event. I agree to hold neither CDM nor its Staff, or facility liable in any way should any harm come to me. By attending the program I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.
I hereby give my consent for Troon Golf, L.L.C., or its employee, agent, or representative, to take photographed, recorded, or videotaped images of me or my children, if applicable (collectively, the “Images”).
I agree that the Images shall constitute the sole property of Troon Golf, L.L.C.
Troon Golf, L.L.C. may use, publish, copyright, reuse, republish, reproduce, license, or sell all Images, for commercial or other purposes.
I waive any right to approve the finished Images and any copies thereof.
I (on behalf of myself and my heirs) agree to forever release, discharge and hold harmless [Facility Name] and Troon Golf, L.L.C., and each of their affiliates, owners, directors, officers, employees and agents, from any claims, liability or damages in connection with this Authorization and Release of Liability.
