2022 Official Pro-Am Waiver

PRO-AM PARTICIPATION ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY

2022 Walmart NW Arkansas Championship presented by P&G (September 21-25, 2022) (“Tournament”)

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS PRO-AM PARTICIPATION ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY AND THE COVID-19 ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY (COLLECTIVELY, THE “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.

IN CONSIDERATION for participating the 2021 Tournament Pro-Am (“Pro-Am”) as an amateur golf contestant and all related events and/or activities (regardless of whether I am a participant, contestant and/or spectator) I, for myself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by me (if relevant under the applicable laws) (collectively, “Related Persons”), hereby acknowledge and agree as follows:

• RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE. I, for myself and each of my Related Persons, do hereby KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, EACH AND ALL OF THE RELEASED PARTIES (AS DEFINED BELOW) FROM (OR WITH RESPECT TO) ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, CLAIMS FOR DAMAGES, LOSSES, OR EXPENSES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES), OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, THAT I OR ANY OF MY RELATED PERSONS MAY SUSTAIN BY VIRTUE OR ARISING OUT OF MY PARTICIPATION IN OR PRESENCE AT THE PRO-AM, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF THE NEGLIGENCE OF RELEASEES, ANY ACCIDENTS, INJURIES, OR ILLNESSES (INCLUDING DEATH), ANY PROPERTY LOSS OR ANY DEMANDS OR ACTIONS FOR NEGLIGENCE, PREMISES LIABILITY, EMOTIONAL INJURY, OR TORT CLAIMS. This Agreement may be pleaded as a complete defense to any action or other proceeding which may be brought, instituted, or taken by me or Related Persons against any or all of the Releasees. For the purposes of this Agreement, the “Releasees” shall include: Tournament, Outlyr (“Host Organization”), the Ladies Professional Golf Association (“LPGA”), Pinnacle Country Club, P&G, and Wal-Mart, all affiliates of the foregoing parties (including the Pro-Am Organizers), and their respective members, employees, affiliates, directors and officers, all vendors and contractors of the Pro-Am, and any sponsor, official or other person or entity associated with the Pro-Am and/or Tournament, and/or any member or owner, subsidiary or affiliate, director, officer, agent, employee, legal representative or successor or assign of any of the foregoing persons and entities.
• ASSUMPTION OF RISK. I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY PARTICIPATION IN OR PRESENCE AT THE PRO-AM, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASEES, OR OTHER THIRD PARTIES. I acknowledge that my participation in the Pro-Am is without assumption of responsibility or risk of any kind by Releasees and Releasees do not make any representation or warranty of any kind with respect to the Pro-Am and/or the suitability of the Pro-Am site and/or the Pro-Am course. I fully understand the existence and knowingly and voluntarily assume the risk of all dangerous conditions arising from and inherent to the Pro-Am, and all related activities, and in transportation to and from the Pro-Am, and waive any and all specific notice of the existence of such conditions. I further agree that in case of any action being brought for or on behalf of me on account of any loss, damage, injury or death sustained by me while participating in the Pro-Am, any related activities, or in transportation connected with any of the foregoing, that I will be personally responsible and agree to repay to Releasees and defend and hold each of them harmless against any amounts recovered against any of them in connection with any such action and all related costs incurred by Releasees.
• REPRESENTATION OF GOOD PHYSICAL CONDITION. I represent and warrant that I am in good physical condition, able to safely participate in the Pro-Am, have no medical conditions that may affect my ability to participate in the Pro-Am, and have not been advised otherwise by a medical practitioner. I consent to medical care and transportation in order to obtain treatment in the event of injury to me and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. I understand that no medical care may be available, but if it is, I assume liability for any and all medical expenses incurred as a result of my participation in the Pro-Am (in the event such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services.
• PRO-AM CANCELATION POLICY. I understand and agree that the General Chairman of the Tournament (“Tournament Director”) reserves the right to delay, postpone, shorten, reschedule or cancel the Pro-Am in the event of weather (including, but not limited to, heat, hurricanes, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, relating to the Covid-19 pandemic (including but not limited to as a result of travel restrictions, lack of third party good(s) and/or services, or as a result of any regulatory requirements or guidance), or for any reason that would affect the safety and security of Pro-Am participants or the feasibility of the Pro-Am to be held. In the event of such cancellation or disruption of the Pro-Am or any other cancellation or disruption for any reason, there will be no refund of my payment (including without limitation any portion of the entry fee submitted in connection with my participation in the Pro-Am) unless authorized and paid by the Pro-Am, Tournament, Host Organization, and/or LPGA, in each party’s sole and absolute discretion. I acknowledge that the Tournament Director and/or other Pro-Am representatives have the right to reject or revoke my entry in the Pro-Am, either before or after the start of play in the Pro-Am, without liability or further obligation of the Pro-Am Organizers. In such event, I shall not be eligible to play or continue to play in the Pro-Am, as the case may be, or to participate for or be eligible to receive the prizes thereof. I agree to hold the Releasees harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the Pro-Am.
• INTELLECTUAL PROPERTY. Furthermore, in consideration for my participation in the Pro-Am, I hereby irrevocably grant to Pro-Am Organizers, or anyone authorized by such parties, the absolute right and permission to record and/or photography my name, image, likeness, voice and/or performance in conjunction with the Pro-Am (including any clinics, long-drive contests, or other events related to the Pro-Am). I further irrevocably grant to Pro-Am Organizers the absolute right and permission in perpetuity to use, re-use, edit, publish and republish my name, image, photograph, likeness 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, which promote, publicize, advertise, and otherwise exploit the Pro-Am and/or the Tournament (including future Tournament Pro-Ams and Tournaments) (collectively, the “Materials”) in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, social media, brochures, print materials, and media that are unknown at this time, worldwide, without compensation to me. 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 uses. I release and discharge the Pro-Am Organizers, and all persons acting under any of their permission or authority, from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of photographic portraits, pictures or video of me, or in any processing pertaining to completion of the finished product, unless it can be shown that it and the publication of it were maliciously caused, produced and published for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and/or indignity. I understand that any such Materials shall become the sole property of the Pro-Am Organizers.
• GOVERNING LAW; ARBITRATION, NO CLASS RELIEF. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, USA without regard to conflict of laws principles. This Agreement is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under Arkansas law. WHERE ANY DISPUTE IN CONNECTION WITH THIS AGREEMENT ARISES, I AGREE TO FIRST TRY TO RESOLVE SUCH DISPUTE THROUGH CONFIDENTIAL DISCUSSIONS. ANY DISPUTE IN CONNECTION WITH THIS AGREEMENT WHICH CANNOT BE AMICABLY SETTLED WILL BE INITIATED BY WRITTEN DEMAND AND FINALLY RESOLVED BY BINDING ARBITRATION IN NEW YORK, NY, IN ACCORDANCE WITH THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OF JAMS, INC. (“JAMS”), AND ANY JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. The arbitrator shall allow reasonable discovery, but shall control the amount and scope of discovery by limiting discovery only to matters that will ultimately be admissible. The arbitration shall be conducted by an arbitrator with at least ten years’ experience in commercial disputes, who shall have the power to hear motions, control discovery, conduct hearings and do all that is necessary to resolve the matter. The parties must mutually agree on the arbitrator. If the parties cannot agree on the arbitrator after their best efforts, an arbitrator from JAMS will be selected pursuant to JAMS’ rules. The arbitration will be decided upon a written decision of the arbitrator stating the essential findings and conclusions upon which the award is based. I WILL NOT HAVE THE RIGHT TO PURSUE A CLAIM OR RELIEF IN COURT, OR HAVE A JURY DECIDE THE CLAIM OR RELIEF AND I WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION.
• SEVERABILITY. I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid, binding, and enforceable.
• INFORMED CONSENT AND VOLUNTARY PARTICIPATION. BY INDICATING MY ACCEPTANCE OF THIS AGREEMENT, I AM AFFIRMING THAT I HAVE READ THIS WAIVER AND RELEASE AND THE COVID-19 ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING TO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF I AM SIGNING ON BEHALF OF A MINOR OR INCAPACITATED ADULT, I CERTIFY THAT I AM THE PARTICIPANT’S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT. BY INDICATING MY ACCEPTANCE OF THIS AGREEMENT, I AM AFFIRMING THAT THIS AGREEMENT WAS FAIRLY ENTERED INTO BY MYSELF.  

The rights granted to Releasees in this Agreement are in addition to any rights granted by me to Releasees in any other agreements. This Agreement in no way limits or reduces the parties’ rights and obligations to each other under other agreements or arrangements between the parties. By signing below, I acknowledge that I have read, fully understand, and voluntarily consent the terms and conditions contained in this Agreement. Further, I agree to abide by and be governed by the LPGA Tournament Regulations currently in effect and by the Rules of Golf of the United States Golf Association, subject to any modifications thereof approved by the LPGA.

I ACKNOWLEDGE AND AGREE THAT I AM NOT PERMITTED TO PARTICIPATE IN OR OTHERWISE ATTEND THE PRO-AM IF:

1. I have been diagnosed with COVID-19 or ordered by a healthcare provider or public health official to self-quarantine within the past month and/or still have symptoms of COVID-19 within the past 14 days;
2. I have or have had in the past 14 days any symptoms associated with COVID-19 such as fever, cough, shortness of breath, difficulty breathing, fever, chills, muscle pain, headache, sore throat, or loss of taste or smell; or
3. I have not been in close contact (within 6 feet) for a prolonged period with any person who has shown symptoms or received a positive COVID-19 diagnosis within the past 14 days.

By participating in the Pro-Am at the Tournament, I acknowledge the foregoing do not apply to me. If the any of the foregoing do apply to me, I will not be permitted to attend and/or participate in the Pro-Am.

COVID-19 ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS COVID-19 ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.

Any terms not defined in this COVID-19 ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY shall have the definition set forth in the PRO-AM PARTICIPATION ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY agreement above.

IN CONSIDERATION for participating the 2021 Tournament Pro-Am (“Pro-Am”) as an amateur golf contestant and all related events and/or activities (regardless of whether I am a participant, contestant and/or spectator) I, for myself and any Related Persons, hereby acknowledge and agree as follows:

• COVID-19 INFORMED CONSENT AND VOLUNTARY PARTICIPATION. I fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented herein or otherwise by the Releasees, can eliminate the risk of exposure to COVID-19; (c) according to public health authorities (including the Centers for Disease Control and Prevention and Arkansas Department of Health) being in close proximity of other people, which may include participation in the Pro-Am, increases the risk of exposure to, and contraction of, COVID-19; (d) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (including the Centers for Disease Control and Prevention and Arkansas Department of Health) (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to close contact, including, but not limited to, a spouse, significant other, family members, and other contacts; and (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. I have taken it upon myself to be fully informed of the numerous risks and potential dangers associated with COVID-19, including suffering severe personal injury or death. I ACKNOWLEDGE THAT I HAVE BEEN INFORMED THAT MY PERSONAL SAFETY CANNOT BE GUARANTEED. I ACKNOWLEDGE THAT MY PARTICIPATION IN THE PRO-AM IS COMPLETELY VOLUNTARY, AND I BELIEVE THAT THE POTENTIAL BENEFITS OF PARTICIPATION OUTWEIGH THE RISK AND DANGER ASSOCIATED WITH COVID-19. For more information on Covid-19 please see the Arkansas Department of Health site at https://www.healthy.arkansas.gov/programs-services/topics/novel-coronavirus, the Center For Disease Control’s site at https://www.cdc.gov/coronavirus/2019-nCoV/index.html and the World Health Organization site at https://www.who.int/emergencies/diseases/novel-coronavirus-2019.
• COVID-19 RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE. I, for myself and each of my Related Persons, do hereby KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, EACH AND ALL OF THE RELEASED PARTIES FROM (OR WITH RESPECT TO) ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, CLAIMS FOR DAMAGES, LOSSES, OR EXPENSES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES), OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, THAT I OR ANY OF MY RELATED PERSONS MAY SUSTAIN BY VIRTUE OR ARISING OUT OF MY PARTICIPATION IN OR PRESENCE AT THE PRO-AM, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF THE NEGLIGENCE OF RELEASEES, ANY ACCIDENTS, INJURIES, OR ILLNESSES (INCLUDING DEATH AND INCLUDING, BUT NOT LIMITED TO, INJURY OR DEATH DUE TO COVID-19), OR ANY DEMANDS OR ACTIONS FOR NEGLIGENCE, PREMISES LIABILITY, EMOTIONAL INJURY, OR TORT CLAIMS. I FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO MY MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR TRAVELING WITH ME TO THE PRO-AM OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY ME AFTER I PARTICIPATE IN OR TRAVEL TO THE PRO-AM. This Agreement may be pleaded as a complete defense to any action or other proceeding which may be brought, instituted, or taken by me or Related Persons against any or all of the Releasees.
• COVID-19 EXPRESS ASSUMPTION OF RISK. I acknowledge that COVID-19 is extremely contagious and spreads mainly from person-to-person contact. There have been recommended guidelines and preventative measures put in place to reduce the spread of COVID-19 at the Pro-Am; however, it cannot be guaranteed that I will not become exposed to or infected with COVID-19 due to my participation in the Pro-Am, despite reasonable efforts to mitigate such dangers. Furthermore, participation in the Pro-Am could increase my risk of contracting COVID-19. I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME THE RISK THAT I MAY BE EXPOSED TO OR INFECTED WITH COVID-19 DUE TO MY PARTICIPATION IN OR PRESENCE AT THE PRO-AM, AND THAT SUCH EXPOSURE OR INFECTION MAY INVOLVE THE RISK OF SERIOUS INJURY, ILLNESS, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, PERMANENT DISABILITY AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASEES, OR OTHER THIRD PARTIES. I acknowledge that my participation in the Pro-Am is without assumption of responsibility or risk of any kind by Releasees and Releasees do not make any representation or warranty of any kind with respect to the Pro-Am. I further acknowledge and understand that if infected with COVID-19, I may infect others I subsequently come into contact with, even if I am not experiencing or displaying any symptoms of illness myself, and that the risk of spreading COVID-19 to others remains even after I depart from the Pro-Am. I hereby expressly assume all such risks and dangers whether presently known or unknown. I further agree that in case of any action being brought for or on behalf of me on account of any loss, damage, injury or death sustained by me while participating in the Pro-Am, any related activities, or in transportation connected with any of the foregoing, that I will be personally responsible and agree to repay to Releasees and defend and hold each of them harmless against any amounts recovered against any of them in connection with any such action and all related costs incurred by Releasees.
• I agree to comply with all applicable statutes, acts, ordinances, laws, rules, regulations, codes, and standards in connection with my participation in the Pro-Am (including all laws, rules, regulations and orders pertaining to COVID-19, including, without limitation, consenting to and participation in any temperature checks at the Pro-Am). I further represent and warrant that I will abide by best practices, guidelines and protocols (including those pertaining to health and safety) relating to COVID -19, including, without limitation, those issued by federal, state and local authorities, the CDC, the Tournament, Host Organization and the LPGA, (including, without limitation, those related to social distancing, hygiene and wearing of personal protective equipment).  In connection with the foregoing, I shall indemnify, defend and hold Releasees harmless from and against any and all liabilities, losses, damages and expenses (including reasonable attorneys’ fees) in connection with any actual or alleged breach of the foregoing representations and warranties.
• INFORMED CONSENT AND VOLUNTARY PARTICIPATION.  BY INDICATING MY ACCEPTANCE OF THIS AGREEMENT, I AM AFFIRMING THAT I HAVE READ THIS COVID-19 ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING TO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF I AM SIGNING ON BEHALF OF A MINOR OR INCAPACITATED ADULT, I CERTIFY THAT I AM THE PARTICIPANT’S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT. BY INDICATING MY ACCEPTANCE OF THIS AGREEMENT, I AM AFFIRMING THAT THIS AGREEMENT WAS FAIRLY ENTERED INTO BY MYSELF.