I desire and agree to provide certain services on a volunteer basis to the Pebble Beach Company and to engage in activities related to serving as a volunteer (“Volunteer Services”). I understand that, by signing below (or my parent/guardian signing below, in case I am under 18 years old), I am releasing and forever discharging and holding harmless the Pebble Beach Company, a corporation organized and existing under the laws of the State of California, and each of its directors, officers, employees, vendors, contractors, affiliates, agents, sponsors and co-sponsors, and corporate partners (collectively, “PBC”), as follows:
- Acknowledgement: I understand and acknowledge that the scope of my relationship with PBC is limited to a volunteer position and that no compensation is expected in return for my services; that PBC 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 PBC 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 PBC (“RELEASE”). I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE DISCHARGES PBC FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST PBC WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM THE SERVICES I PROVIDE TO PBC OR OCCURRING WHILE I AM PROVIDING VOLUNTEER SERVICES.
- Insurance: I understand that PBC 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 PBC.
- Medical Treatment: I hereby Release and forever discharge PBC 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 PBC.
- Assumption of Risk: I understand that the services I provide to PBC 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 PBC from all liability.
- Photo/Video Release: I grant and convey to PBC all right, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness made by PBC in connection with my providing Volunteer Services to PBC, and agree that PBC 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 CALIFORNIA. 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 CALIFORNIA, I UNDERSTAND AND HEREBY AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA 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.”
My signature below indicates my acknowledgement that PBC 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 PBC 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 PBC 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 PBC 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 2018 U.S. Amateur Championship and the more expeditious and confidential resolution of any such disputes. By signing this agreement, I hereby waive my right to commence, or be a party to, any class or collective claims or to bring jointly any claim against PBC with any other person. My signature below further acknowledges that my attendance at the championship as a spectator shall be subject to all the terms and conditions set forth in the 2018 U.S. Amateur Championship ticket license, which will be available at www.pebblebeach.com/events/2018-us-amateur.com.
BY SIGNING BELOW, I EXPRESS MY UNDERSTANDING AND INTENT TO ENTER INTO THIS RELEASE AND WAIVER OF LIABILITY WILLINGLY AND VOLUNTARILY.