Nextgengolf Liability Release and Terms & Conditions
As a Nextgengolf participant, team member, volunteer, coach or individual otherwise affiliated with Nextgengolf operated tournaments, I hereby, on behalf of myself and, to the extent applicable, the Participant (for whom I am the authorized parent/legal guardian), agree to the following:
Medical Release. In consideration of the right to participate in a Nextgengolf operated tournament or ancillary events, I, on my own behalf and on behalf of Participant, acknowledge and agree:
- that participation in a Nextgengolf operated tournament subjects me and Participant to the possibility of physical illness or injury (minimal, serious, catastrophic and/or death);
- that, by participating in a Nextgengolf operated tournament and ancillary events, I and Participant are VOLUNTARILY ASSUMIMG FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH AND HEREBY COVENANT NOT TO SUE, and further HOLD HARMLESS, RELEASE, WAIVE, and DISCHARGE Nextgengolf, Inc., The Professional Golfers’ Association of America and all affiliated entities (including, but not limited to, host golf courses, NHSGA, City Tour, NCCGA, and all Nextgengolf sponsors) and each of their subsidiaries, trustees, officers, directors, staff, employees, volunteers and authorized representatives (“ Releasees”) from any and all liability, claims, demands, losses, actions and causes of action whatsoever (including, but not limited to, the negligence of the Releasees) arising out of or related to (in whole or in part) any loss, damage, or injury (including, but not limited to, physical or mental injury, aggravation or any pre-existing illness or condition, permanent disability or death), that may be sustained by me and/or Participant, or to any property belonging to me and/or Participant, or otherwise, arising out of Participant’s or my participation in a Nextgengolf operated tournament or ancillary event and/or traveling to or from any a Nextgengolf operated tournament or ancillary event;
- TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damages, or costs, including, but not limited to, court costs and attorney's fees, that may result from Participant and/or my being allowed to participate in a Nextgengolf operated tournament or ancillary event, including, but not limited to, any damage caused to hosting facilities or the property of such facilities; and
- that my and Participant’s participation in Nextgengolf operated tournament(s) is voluntary.
- PARTICIPANT VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the Nextgengolf event, whether occurring before, during, or after the event, including, without limitation, the risk of contracting a communicable disease or illness. The Participant hereby waives all claims and potential claims relating to or arising from such risks, hazards and dangers.
In the event I or Participant become ill or sustain an injury, I authorize Releasees to obtain necessary medical treatment of me and Participant and hereby, on my own behalf and on behalf of Participant, release and hold harmless Releasees in the exercises of this authority. I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred on behalf of myself or Participant for any illness or injury that I or Participant may sustain during a Nextgengolf operated tournament, any ancillary event related to a Nextgengolf operated tournament, and/or while traveling to and from the site for a Nextgengolf operated tournament whether or not such Nextgengolf operated tournament actually occurs.
Further, I hereby:
- agree that prior to participating or allowing the Participant to participate, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe, I will immediately advise an official of such conditions(s) and refuse to participate until such conditions(s) is corrected;
- agree that my and Participant’s acts, poses, words and performances at any Nextgengolf operated tournament or ancillary event will be in good taste and will not reflect negatively on the image, reputation or business of the Releasees and agree to indemnify and save and hold harmless each of the Releasees from any loss, liability, damage or cost they may incur due to my participation in or otherwise in connection with a Nextgengolf operated tournament or ancillary event;
- grant full permission to each of the Releasees, with no obligation to compensate me or Participant, to use each of Participant’s and my name, voice, statements, image, likeness, and/or actions, in addition to any photographs, videotapes, motion pictures, recordings, and/or other record of performance(s) in Nextgengolf operated tournaments in perpetuity worldwide in any manner (as determined by the Releasees) and in any and all media, whether now known or unknown or hereafter devised (the “Materials”), and represent that I have the right to grant such permission;
- expressly agree that (a) this RELEASE AND WAIVER is intended to be as broad and inclusive as is permitted by Florida laws and that if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect and (b) for the purposes of any action or proceeding arising out of this RELEASE AND WAIVER, I expressly submit to the jurisdiction of all federal and state courts located in the State of Florida; and
- acknowledge that the Released Entities are relying on the grant of rights contained herein.
It is my express intent that this Release and Waiver shall bind the members of my and, to the extent applicable, Participant’s family, heirs, assigns and personal representative(s). I further agree that this Release and Waiver shall be construed in accordance with the laws of the State of Florida.
I hereby warrant that I have read this Release and Waiver in its entirety and fully understand its contents. I, on my own behalf and on behalf of Participant, am aware that this Release and Waiver releases Releasees from liability and contains an acknowledgement of my (on my own behalf and on behalf of Participant) voluntary and knowing assumption of the risk of injury or illness. I, on my own behalf and on behalf of Participant, have signed this document voluntarily and of my own free will.
VOLUNTEERS – I ACKNOWLEDGE AND AGREE THAT I WILL BE SERVING EXCLUSIVELY IN A VOLUNTEER ROLE AND THAT I DO NOT AND WILL NOT HAVE ANY EMPLOYMENT RELATIONSHIP OF ANY KIND WITH NEXTGENGOLF, INC., THE PROFESSIONAL GOLFERS’ ASSOCIATION OF AMERICA OR THEIR SUBSIDIARY ENTITIES.
TOURNAMENT REFUNDS - In the event of inclement weather, if the course staff deems the golf course unplayable, Nextgengolf staff will work with the host course to provide rain checks, partial refunds, or full refunds depending on the nature of the situation and the course's policies. If nine holes of golf are completed, no refunds (both partial and full) or rain checks will be provided.
Nextgengolf may update these terms and conditions periodically and such updates will be reflected on this page.