WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

 

PLEASE READ BEFORE SIGNING


 

In consideration of being allowed to PARTICIPATE in any way in a Pro Traj Holdings, LLC (hereinafter the “No Laying Up”)event and for receiving permission to be ON PREMISES at Jacksonville Beach Golf Club (hereinafter the “Activity or Activities”), I, on behalf of myself hereby acknowledge and appreciates, and agrees that: 

 

  1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.

 

  1. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in No Laying Up Activities.

 

  1. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my participation in a No Laying Up event and by being on the premises and participating in the Activities and hereby RELEASE, WAIVE DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself) Pro Traj Holdings, LLC, No Laying Up, Jacksonville Beach Golf Club] their owners, consultants, directors, agents, employees and assigns (the “RELEASES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.

 

  1. I acknowledge and agree that I will revoke my registration and participation in the No Laying Up even and Activity if I have been exposed, tested positive or otherwise been at risk of spreading the COVID-19 virus within 30 DAYs of the No Laying Up event; and,

 

  1. I willingly agree to comply with the state and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest representative of No Laying Up or Jacksonville Beach Golf Club immediately. 

 

  1. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs, and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.

 

  1. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the State of Flordia. 

 

I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act; I am at least twenty one (21) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.

IN WITNESS WHEREOF, I have signed this Waiver and Agreement under seal on this _____________________________ day of _______________________, 2020.

PARTICIPANT SIGNATURE: _______________________________________________

PARTICIPANT NAME: ______________________________________________________