SPEEDGOLF USA, LLC
ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION, AND MEDIA RELEASE AGREEMENT
PLEASE READ CAREFULLY — THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS
In
consideration for being permitted to participate in any Speedgolf USA,
LLC (“SGUSA”) event, activity, practice, clinic, league, demonstration,
or related function (collectively, the “Event”), I agree as follows:
1. ACKNOWLEDGMENT OF INHERENT RISKS
I
understand that Speedgolf is an athletic endurance sport combining
running and golf played on active golf courses and outdoor environments.
I acknowledge that participation involves inherent and unpredictable
risks that cannot be eliminated regardless of the care taken by SGUSA.
These risks include, but are not limited to:
• Being struck by golf balls or clubs
• Collisions with other participants, spectators, carts, or course features
• Uneven terrain, holes, slopes, bunkers, water hazards, roots, rocks, pavement, and natural obstacles
• Running-related injuries including falls, sprains, fractures, cardiac events, dehydration, and heat illness
• Weather exposure including extreme heat, cold, lightning, rain, and poor visibility
• Actions or inactions of participants, volunteers, golf course staff, or third parties
• Equipment failure or improper use
• Delayed or unavailable emergency medical response due to course layout
I UNDERSTAND THESE RISKS MAY RESULT IN SERIOUS INJURY, PERMANENT DISABILITY, OR DEATH.
I knowingly and voluntarily assume all inherent risks of participation.
2. EXPRESS RELEASE OF LIABILITY (INCLUDING NEGLIGENCE)
TO
THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I RELEASE AND DISCHARGE
SPEEDGOLF USA, LLC, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES,
CONTRACTORS, VOLUNTEERS, SPONSORS, HOST FACILITIES, LANDOWNERS, AND
AFFILIATED ORGANIZATIONS (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS
FOR INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN
THE EVENT, INCLUDING CLAIMS CAUSED BY THE NEGLIGENCE OF THE RELEASED
PARTIES.
I understand this release applies to both known and unknown
risks and applies whether injury occurs before, during, or after the
Event.
This release does not apply to gross negligence or willful misconduct where prohibited by law.
3. PARTICIPANT RESPONSIBILITY AGREEMENT
I agree to:
• Follow all course rules, safety instructions, and event procedures
• Yield to faster or slower participants when directed
• Maintain awareness of other players and shout “FORE” when appropriate
• Not participate while impaired by alcohol, drugs, illness, or unsafe fatigue
• Withdraw if I believe conditions are unsafe for me
I understand Speedgolf is a self-paced athletic activity and I am solely responsible for monitoring my physical condition.
4. MEDICAL AUTHORIZATION AND FITNESS TO PARTICIPATE
I
certify I am physically capable of participating and have no medical
condition that would make participation unusually dangerous.
I authorize emergency medical care if necessary and agree I am financially responsible for any medical treatment.
I agree my personal insurance is primary coverage.
5. INDEMNIFICATION AND HOLD HARMLESS
I
agree to defend, indemnify, and hold harmless the Released Parties from
any claim brought by me, my family, or any third party arising out of
my participation, including claims alleging injury caused by my actions
toward another participant or spectator.
6. VENUE, GOVERNING LAW, AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the State of Texas.
Any dispute arising from participation in an SGUSA Event shall be resolved exclusively in Harris County, Texas.
I agree disputes shall be resolved through binding arbitration, and I waive the right to a jury trial.
7. MEDIA RELEASE
I
grant SGUSA irrevocable permission to use my name, image, likeness,
voice, and performance in photographs, video, and promotional materials
in any media worldwide without compensation.
8. SEVERABILITY
If any portion of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
9. ACKNOWLEDGMENT OF UNDERSTANDING
I HAVE READ THIS AGREEMENT CAREFULLY.
I UNDERSTAND I AM WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.
MINOR PARTICIPANT (UNDER 18)
I
am the parent or legal guardian of the minor participant. I consent to
participation and agree to indemnify and reimburse the Released Parties
for any claims brought by or on behalf of the minor.
