The New Hurricane Tour, LLC
PARENTAL CONSENT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, WITHDRAWAL POLICY, AND INDEMNITY AGREEMENT
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY AND YOU ARE ALSO AGREEING TO THE HJGTs REFUND/WITHDRAWAL POLICY. YOU ARE AGREEING THAT, EVEN IF THE HURRICANE TOURS, INC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE HURRICANE TOURS, INC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE NEW HURRICANE TOUR, LLC,HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
1. Understand the nature of Golf Tournaments, and believe the Minor to be qualified, in good health, and in proper physical condition to participate in such activity. I further agree to instruct the Minor that if at any time the Minor believes conditions to be unsafe, she/he will immediately discontinue further participation in the Golf Tournament.
2. Fully understand that:
A) GOLF TOURNAMENTS INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH;
B) THAT THESE RISKS AND DANGERS MAY BE CAUSED BY THE MINOR’S OWN ACTIONS OR INACTIONS, AS WELL AS THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN THE GOLF TOURNAMENT;
C) That there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time, and I fully accept all such risks and all responsibility for losses, costs and damages incurred as a result of the Minor’s participation in the Activity.
3. Willingly consent for my child, whose name shows below, to participate in the Golf Tournament. I understand the Golf Tournament will be supervised by The New Hurricane Tour, LLC employees, interns or their designees.
4. Release, discharge and hold harmless The New Hurricane Tour, LLC as well as any officers, agents, interns and employees of The New Hurricane Tour LLC, exercising reasonable care within their scope of employment or internship, from liability growing out of personal injuries and property damage resulting from or occurring during the aforementioned activities.
5. Have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
6. Agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
7. In the event any dispute arises out of my minor child’s participation in the Golf Tournament with The New Hurricane Tour, LLC I understand that venue for any such suit shall be proper only in Orange County, Florida, and that the substantive laws of Florida shall control and be applied to any such dispute.
8. I acknowledge the current HJGT withdrawal and refund policy as noted on the Tour Policies page under Player Info. If I WD from this golf tournament inside 6 days from the 1st round I will not be subject to any sort of refund or credit to a future HJGT event. No exceptions. All other WDS must be submitted in writing to firstname.lastname@example.org. No verbal WDS are permitted. I understand the HJGT does not offer refunds; only tour credits if I WD from an event. All memberships are non refundable or transferrable.
AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT
You represent and warrant to HURRICANE JUNIOR GOLF TOUR and ShotStat com, LLC ("us", "we", "our") that you have full legal authority to complete this registration including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this registration. By proceeding with this registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that, in compliance with the Children's Online Privacy Protection Act (COPPA), you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by us.
We provide an online registration service ("Service") that allows you the convenience of registering online and paying the registration fee with your credit card. Your use of our website is subject to our Terms of Service. The Terms of Service are hereby incorporated by reference into this Agreement.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HURRICANE JUNIOR GOLF TOUR, SHOTSTAT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) HURRICANE JUNIOR GOLF TOUR, SHOTSTAT AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE HURRICANE JUNIOR GOLF TOUR AND SHOTSTAT WILL USE REASONABLE EFFORTS TO PREVENT UNAUTHORIZED ACCESS TO DATA ENTERED BY YOU WITHIN THE SERVICE, HURRICANE JUNIOR GOLF TOUR, SHOTSTAT AND ITS SUPPLIERS MAKE NO WARRANTY THAT SUCH DATA WILL BE SECURE AGAINST SUCH UNAUTHORIZED ACCESS OR OTHER SECURITY BREACHES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HURRICANE JUNIOR GOLF TOUR, SHOTSTAT AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall indemnify and hold HURRICANE JUNIOR GOLF TOUR, ShotStat, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service.
These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.