WAIVER, RELEASE and INDEMNIFICATION AGREEMENT
I have requested that I and/or my minor child be granted the opportunity to volunteer for the 2019 USGA Senior Open (the “Championship”) being hosted at the Warren Golf Course (the “Course”) at the University of Notre Dame du Lac (“the University”). I understand and acknowledge that I and/or my minor child is not required to volunteer for the Championship and that my and/or my minor child’s participation in the Championship is wholly voluntary. In consideration of me and/or my minor child being granted the opportunity to volunteer for the Championship, I agree as follows:
1) I, individually, and on behalf of my minor child (if applicable) and our respective heirs, successors, assigns and personal representatives, release, acquit and forever discharge the Championship, its sponsors, the Course, the University, Bruno Event Team, USGA, and their respective affiliates, subsidiaries, employees, agents, officers, directors, trustees, members, officials, and representatives (in their official and individual capacities), as well as all other Championship volunteers, (collectively, the “Indemnified Parties”) from any and all liability whatsoever, including liability for the Indemnified Parties’ own negligence, for any and all damages, losses or injuries (including death, mental anguish or emotional distress) to persons and/or property, including but not limited to any claims, demands, actions, causes of action, damages, costs, expenses (including hospital and medical expenses or deductibles) and/or attorney’s fees, that occur during, result from, arise out of or relate to: my and/or my child’s participation as a volunteer for the Championship; travel to and from the Championship; the condition of the Course or any related facilities; the conduct of any person in connection with the preparation for, supervision of, or conduct of the Championship or any practice round; and any loss that my child might assert once he/she attains the age of majority.
2) I, individually, and on behalf of my minor child (if applicable) and our respective heirs, successors, assigns and personal representatives, agree to indemnify, defend and hold harmless the Indemnified Parties from any and all liability, loss or damage directly or indirectly associated with any claims, demands, actions, causes of action, judgments, costs, expenses and/or attorney’s fees, that occur during, result from, arise out of or relate to my and/or my child’s participation as a volunteer for the Championship, including travel to and from the Championship.
3) I acknowledge and accept that there are certain risks, both known and unknown, inherent in my and/or my child’s participation as a volunteer for the Championship, including impairment, disability, other serious bodily injury and/or death. Such risks may result not only from my and/or my child’s own actions, inaction, or negligence, but also from the action, inaction, or negligence of others, including the condition of the Course. I, on my own behalf and on behalf of my minor child (if applicable), have knowingly and voluntarily decided to assume the risks of these inherent dangers in consideration of me and/or my minor child being granted the opportunity to volunteer for the Championship.
4) I represent and warrant that me and my child (if applicable) shall be covered throughout participation as a volunteer for the Championship by a policy of comprehensive health and accident insurance that provides coverage for injuries that me and my child (if applicable) may sustain as part of participating as a volunteer for the Championship. I further understand that the Indemnified Parties may not maintain health or accident insurance that will cover me or my child for personal injury, property damage, or medical expenses. I, on my own behalf and on behalf of my minor child (if applicable), accept full responsibility for the costs of treatment for any injury or damages suffered by me or my child while participating as a volunteer for the Championship.
5) I, on my own behalf and on behalf of my minor child (if applicable), consent to any publicity, including the use of my and/or my child’s name and likeness, and waive any right to inspect and/or approve any photography, film videotape, recordings or advertising copy which may be used or created by the Indemnified Parties in connection with my and/or my child’s participation as a volunteer in the Championship.
6) I agree that this Waiver, Release and Indemnification Agreement is governed by the laws of the State of Indiana and is intended to be as broad and inclusive as permitted by the laws of the State of Indiana. If any portion hereof is held invalid, I agree that the balance hereof shall, notwithstanding, continue in full legal force and effect. I agree that exclusive jurisdiction concerning this Waiver, Release and Indemnification Agreement shall be in the Superior Court of St. Joseph County, Indiana or in the U.S. District Court for the Northern District of Indiana.
7) By accepting this Waiver, Release and Indemnification Agreement, I acknowledge and represent that I have read this entire document, that I understand its terms and provisions, that I understand it affects my legal rights and those of my minor child (if applicable), that it is a binding agreement, and that I have accepted it knowingly and voluntarily.
CONSENT to BACKGROUND CHECK and OTHER TERMS: By finalizing and processing the completed application, I acknowledge that the USGA may undertake a check of my background. It also confirms by understanding that my volunteer position is not guaranteed, nor if granted, guaranteed for any length of time and that the USGA may deny or end my volunteer opportunity at any time, for any reason, with or without prior notice. I also give the 2019 U.S. Senior Open the right to use my likeness in archival or advertising print media and/or footage. The USGA, the 2019 U. S. Senior Open Championship, Bruno Event Team, the Warren Golf Course at Notre Dame and their respective subsidiaries do not discriminate in the selection among volunteer applications on the basis of race, color, creed, age, national origin, religion, or disability