RELEASE AND WAIVER
I desire and agree to provide certain services on a volunteer basis to Bandon Dunes Golf Resort and to engage in activities related to serving as a volunteer (“Volunteer Services”). I understand that, by agreeing online (or my parent/guardian signing below, in case I am under 18 years old), I am releasing and forever discharging and holding harmless Bandon Dunes Golf Resort, a corporation organized and existing under the laws of the State of Oregon, and each of its directors, officers, employees, members, vendors, contractors, affiliates, agents, sponsors and co-sponsors, and corporate partners (collectively, “BDGR”), as follows:
- Acknowledgement: I understand and acknowledge that the scope of my relationship with BDGR is limited to a volunteer position and that no compensation is expected in return for my services; that BDGR will not provide me with any benefits traditionally associated with employment; and that I am responsible for my own insurance coverage in the event of personal injury or illness as a result of my Volunteer Services.
- WAIVER AND RELEASE: I RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS BDGR AND ITS SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OF NATURE, EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE VOLUNTEER SERVICES I PROVIDE TO BDGR (“RELEASE”). I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE DISCHARGES BDGR FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST BDGR WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM THE SERVICES I PROVIDE TO JHC OR OCCURRING WHILE I AM PROVIDING VOLUNTEER SERVICES.
- Insurance: I understand that BDGR does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance. I expressly waive any such claim for compensation or liability on the part of BDGR.
- Medical Treatment: I hereby Release and forever discharge BDGR from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a volunteer with BDGR.
- Assumption of Risk: I understand that the services I provide to BDGR may include activities that may be hazardous to me, including inherently dangerous activities. As a volunteer, I hereby expressly assume risk of injury or harm from these activities and Release BDGR from all liability.
- Photo/Video Release: I grant and convey to BDGR all right, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness made by BDGR in connection with my providing Volunteer Services to BDGR, and agree that BDGR may use such material for any lawful purpose.
- OTHER: AS A VOLUNTEER, I EXPRESSLY AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW AND THAT THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON. I AGREE THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS AGREEMENT IS DEEMED INVALID, THE ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL NOT BE AFFECTED. IF THE SERVICES ARE PROVIDED IN OREGON, I UNDERSTAND AND HEREBY AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF OREGON AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED. THAT SECTION READS AS FOLLOWS: "1542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
By agreeing online, I indicate my acknowledgement that BDGR may undertake an official background (check/review). It also confirms my understanding that my volunteer position is not guaranteed, nor if granted, guaranteed for any length of time and that BDGR may deny or end my volunteer opportunity at any time, for any reason, with or without prior notice. I acknowledge that I have reviewed this application and understand its terms, in particular, that I have chosen to apply for a volunteering position with the knowledge that I will not be compensated in monetary wages or any other form. I hereby agree that any current or future controversy or claim between me and BDGR arising out of or relating to my volunteer activities must be submitted for confidential, final and binding resolution by a private and impartial arbitrator to be jointly selected by me and BDGR from a list of neutral arbitrators provided by Judicial Arbitration and Mediation Services, Inc. (JAMS), in accordance with the then-current JAMS rules and procedures. I further agree that the arbitrator shall have the power to award any remedies, available under applicable law, and the arbitration shall take place in a location chosen by mutual written agreement. In agreeing to submit all disputes for resolution by arbitration, I acknowledge that such agreement is given in exchange for rights or benefits to which I am not otherwise entitled—namely, being permitted to volunteer at the 2020 U.S. Amateur Championship and the more expeditious and confidential resolution of any such disputes. By agreeing online, I hereby waive my right to commence, or be a party to, any class or collective claims or to bring jointly any claim against BDGR with any other person.
BY AGREEING ONLINE, I EXPRESS MY UNDERSTANDING AND INTENT TO ENTER INTO THIS RELEASE AND WAIVER OF LIABILITY WILLINGLY AND VOLUNTARILY.