ASSUMPTION OF RISK AND RELEASE FROM LIABILITY
By signing, or electronically submitting a member application, or entering and playing in a United States Golf Challenge (the “Event”), the participant in the Event understands and acknowledges that there are certain dangers involved with participating in the Event. These dangers include but are not limited too, being struck by lightning, getting hit by a golf club or ball, suffering from heat exhaustion, suffering a heart attack, or suffering an injury from uneven terrain. The participant in the Event assumes, solely accepts, and waives all claims of injury to body or property against United States Golf Challenge, Fifth Generation, Inc., Medalist Events LLC and/or the Local or National Tour Directors (the “Released Parties”). Further, the participant, and any guest, relative or anyone else affiliated with the participant, shall be present at their own risk at the Event and that the
Released Parties shall not be liable for any claims for injuries or damages whatsoever to person or property of the participant or related person arising out of or in connection with the participation in the Event or presence at the Event. Participant agrees to protect, defend, indemnify and hold harmless the Released Parties, and their respective affiliates, officers, directors, shareholders, members, agents and employees from and against any and
all claims, damages, demands, losses or expenses, of any nature whatsoever, including court costs and reasonable attorney’s fees, arising out of any injury or damage to the person or property of participant or his/her affiliated person(s).
RECORDING RELEASE FORM
I, the undersigned, for and in consideration of participating in Tito’s Tee Time and US Golf Challenge Golf Events and other good and valuable consideration, hereby irrevocably grant to Fifth Generation, Inc. Maker of Tito’s Handmade Vodka (“Tito’s”), its affiliates, nominees, successors, licensees, and assigns, the right, license, and permission to record and/or reproduce my name, likeness, and voice on audio or video tape, digital recording, film or other media (the “Recording”), to edit and otherwise modify such Recording at Tito’s discretion, to incorporate the same into product (the “Work”), to register, own and enforce copyrights in the Work, and to use or authorize the publication, distribution and use of such Recording or any portion thereof in any manner or media or by any means, methods, or technologies now known or hereafter to be known (the “Media”) at any time or times throughout the world in perpetuity. I further irrevocably grant Tito’s the right to
use my name, likeness, voice and biographical and other information, as well as any other material provided by me, in Tito’s sole discretion, to publicize, display, perform, exhibit, distribute, transmit, broadcast, promote and advertise the Work and any materials derivative of, supplemental to or related to the Work, in all Media.
I hereby indemnify Tito’s, its affiliates, shareholders, members, agents, employees, licensees, directors, officers, assigns and anyone using the Recording or other material provided by me from any and all claims, losses, demands, damages liability, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, or in connection with, the use of my name, likeness, voice or materials in connection with the Recording, or
the inaccuracy, alleged breach or actual breach of any representation, warranty or undertaking I have made herein or in the Recording.
I hereby waive all rights and release Tito’s from, and shall neither sue nor bring any proceeding against Tito’s, its successors and assigns for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of the Recording.