Release and Waiver of All Liability and Assumption of Risk Agreement
I understand that in consideration for the opportunity to provide services and engage in related activities on a volunteer basis (collectively, “Volunteering”) at and during the ANA Inspiration in Rancho Mirage, California (the “Event”), do hereby covenant with IMG Worldwide, LLC (“IMG”), ANA, Mission Hills Country Club, LPGA Tour, NBC, The Golf Channel and all sponsors of this Event, including their respective parent companies, subsidiaries, officers, employees and agents (collectively, the “Releasees”), that I will not sue or bring any legal action or proceeding against any of the Releasees for or on account of any loss, damage, injury or death that I may sustain by virtue of or arising out of Volunteering at the ANA Inspiration. These presents may be pleaded as a complete defense to any action or other proceedings which may be brought, instituted, or taken by me, my heirs or legal representatives against any of the Releasees in breach of this agreement, reserving unto me the right to proceed against any and all other parties which may be involved in such action or proceeding. I acknowledge that I am volunteering my time and services to IMG without the expectation of payment and understand that I will not be compensated in connection with the event. I acknowledge that I am not an employee of IMG. I agree to comply with all Event rules. I acknowledge that Volunteering at the ANA Inspiration is without assumption of responsibility or risk of any kind by any of the Releasees and none of the Releasees makes any warranties of any kind with respect to Volunteering. I understand the existence of and assume the entire risk of all dangerous conditions arising from and inherent in Volunteering and waive any and all specific notice of the existence of such conditions. I acknowledge that IMG has the right to dismiss, relieve or reassign me in connection with my Volunteering duties at any time and for any reason. I further agree that in case any action being brought for or on behalf of myself on account of any injury or damage sustained by me while Volunteering or during the ANA Inspiration, I will be personally responsible to, and agree to repay to, any of the Releasees and hold each of them harmless against any amounts recovered in connection with any such action and all related costs incurred by such Releasee. I further give IMG, or anyone authorized by IMG, the absolute right and permission, to use, re-use, edit, publish and republish my name and biographical material about me and photographic portraits, pictures or video of me, or in which I may be included in whole or in part, or composite or distorted in character, or form, in brochures and other materials which promote, publicize, advertise, and otherwise exploit the ANA Inspiration (collectively, the “Materials”) in perpetuity. I waive any right that I may have to inspect or approve the finished product or the advertising or other copy that may be used in connection with the Materials or their use. This Waiver and Release is executed by me not in satisfaction of any damages sustained nor as compensation for injuries, nor in settlement of any claim for damages. Said opportunity for Volunteering is offered as consideration for this covenant and agreements contained therein. It is distinctly understood and agreed that acceptance of this covenant by Releasees is not an admission of any liability on any of their parts and that each expressly denies any liability in any manner. The validity, interpretation and construction of this agreement, and all other matters related to this agreement, shall be interpreted and governed by the laws of the State of California. If any court of competent jurisdiction finds any provision of this agreement to be unenforceable or invalid, then such provision shall be ineffective to the extent of the court’s finding without affecting the enforceability or validity of this agreement’s remaining provisions. If any provision of this Agreement is held to be invalid or unenforceable, it is only to the minimum extent necessary to comply with applicable law and the remaining provisions remain unaffected. The parties agree that any and all disputes arising hereunder or with respect to the Agreement between the parties shall be submitted to final and binding arbitration, before a single arbitrator, in accordance with the JAMS Commercial Arbitration Rules & Procedures. The arbitration award in any such arbitration may be confirmed by any court of competent jurisdiction. Any such arbitration shall take place in the state of California.