THIS ACTIVITY WAIVER FORM (this "Waiver") effective on the date of tournament purchase.
IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable consideration, the receipt of which is hereby acknowledged, I __________________________________ (the “Participant”) agree with RealTour LLC (the "Activity Provider”) of 25 S Arizona Pl, Ste 210, Chandler, AZ 85225, USA to the following:
DETAILS OF ACTIVITY
Scheduled for March 22, 2024, the Participant will be participating in the following activity: RealTour Golf Tournament (the “Activity”) provided by the Activity Provider.
CONSIDERATION
Being of lawful age and in consideration of being permitted to participate in the Activity, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the Activity, and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Participant understands that the Participant would not be permitted to participate in the Activity unless the Participant signed this Waiver.
CONCURRENT RELEASE
The Participant acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Activity Provider, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns.
FITNESS TO PARTICIPATE
The Participant acknowledges to the Activity Provider that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the Activity. If required, the Participant will obtain a medical examination and clearance.
FULL AND FINAL SETTLEMENT
The Participant acknowledges and agrees with the Activity Provider that: (1) the Activity Provider has given the Participant sufficient time to carefully read this Waiver, (2) the Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Waiver, (3) the Participant fully understands the risks and claims that the Participant is waiving to participate in the Activity, (4) the Participant is freely and voluntarily executing this Waiver, and (5) the Participant is forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the Activity.
GOVERNING LAW
This Waiver will be governed by and construed in accordance with the laws of the State of Arizona.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT. I understand that participating in the RealTour Golf Tournament is a potentially hazardous activity, which could cause injury or death. I will not enter and participate unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am sufficiently prepared or properly trained for participation. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
I acknowledge that this Participant Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of RealTour Golf Tournament, and that it will govern my actions and responsibilities at this activity.
In consideration of my registration and permitting me to participate in this activity, I hereby take action for myself, myexecutors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage,property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity,THE FOLLOWING ENTITIES OR PERSONS: RealTour LLC and/or their directors, officers, employees, volunteers,representatives, and agents, and the activity holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that RealTour LLC and its directors, officers, volunteers, representatives, agents, and employees areNOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants but are also present for volunteers. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.The Participant Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under Arizona law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT IN WHICH I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I SIGN IT OF MY OWN FREE WILL.
IN WITNESS WHEREOF the Participant has duly affixed their virtual signature on this the date of their tournament purchase.
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Phone: 480-487-4878
Email: info@golfrealtour.com