PARTICIPANT WAIVER AND RELEASE OF NEGLIGENCE CLAIMS: VIP GOLF EXPERIENCE
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Summary: By signing this Participant Waiver and Release of Negligence Claims (the “Release”), you are giving up substantial rights in exchange for the opportunity to participate in the Bo Bikes Bama VIP Golf Experience on April 21, 2023, including any activities incidental to such participation (the “Golf Event”). In particular, you agree not to sue Trek Travel, LLC; Trek Bicycle Corporation; B3, LLC; Vincent E. “Bo” Jackson; Bo Jackson Enterprises, Inc.; Big Communications and Marketing, Inc.; The United Way; and Auburn University, including their affiliates and subsidiaries as well as their respective officers, directors, associates, shareholders, employees, agents, representatives, contractors, successors, assigns, and insurers, as well as all other sponsors of the Golf Event, advertisers, suppliers, and staff (collectively, the “Released Parties”) for any of their alleged negligence in connection with the Golf Event. You assume responsibility for any injuries or damages you may sustain arising from your participation in the Golf Event, as further detailed below.
1. You Are Solely Responsible for Your Safety. You acknowledge and fully realize the inherent risks associated with your participation in the Golf Event that could lead to serious physical and/or mental injury or death, damage to property, and/or other significant losses. By way of example, these risks include, but are not limited to, overexertion; inadequate training; equipment failure; inadequate safety equipment; contracting COVID-19 or another virus or illness; THE RELEASED PARTIES’ OWN NEGLIGENCE; and the negligence of others. You assume all of these risks by participating in the Golf Event.
2. You Are Releasing Negligence Claims. In exchange for participating in the Golf Event, you hereby release the Released Parties from any liability based on negligence that may arise from your participation in the Golf Event. This Release applies, for example, to injuries or damages arising from your conduct; the conduct or equipment of other participants and observers; and the negligent conduct of the Released Parties. This Release will prevent you, as well as your spouse, heirs, successors, assigns, and legal representatives, from suing any of the Released Parties for negligently causing your injuries or damages.
3. You have Negotiated the Terms of Your Participation. You acknowledge that participation in the Golf Event is completely voluntary, and that you have the option to not participate in light of the risks outlined above. You also acknowledge that you have read the terms of the Release and have had the right to ask any questions about the meaning or impact of signing below. You understand that not signing this Release would result in payment of a higher registration fee (an additional $500) to account for potential legal costs. By signing below, you have elected not to pay the higher registration fee and have chosen to assume all risks arising from negligent conduct instead of pursuing legal claims against the Released Parties.
4. Additional Representations. You warrant that you are competent to participate in the Golf Event. You understand that Trek Travel reserves the right to deny participation to any person deemed unsuitable or unfit to participate in the Golf Event or to ask a participant to leave the Golf Event if Trek Travel in its sole discretion determines that the participant’s continued participation would prove detrimental to the individual or is not compatible with the well-being and enjoyment of the other participants.
You understand and agree that jurisdiction over any dispute arising out of this Release and all matters relative to your participation in the Golf Event shall be exclusively in the courts of the state of Wisconsin. Every term and provision of this release is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.