MELROSE COUNTRY CLUB
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
GENERAL
In consideration of my group (me) being allowed to use the golf and other facilities at Melrose Country Club (the “Facility”), subject to all applicable rules and restrictions of the Facility, I, the undersigned “Host” (individual that registered for any and all present and future tee times), intending to be legally bound hereby, agree to the terms and conditions of this Waiver and Release of Liability (the “Release”). I also agree, that as the Host, I am responsible for members of my party and thereby take responsibility for their actions as well. I also agree that this Release will be applicable to any and all present and future visits to the Facility.
1. WAIVER.
a. I waive and release Facility and all of its agents, employees, independent contractors, equipment suppliers, and members (together, the “Protected Parties”) from any claims or responsibility for injuries or damages to property suffered by me, or my party, in any activities or events made available by or conducted at the Facility, whether caused by negligence or otherwise. I am also aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) et al, collectively, the "Disease" and the risk that I may be exposed to or contract the Disease by engaging in sporting or other events, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Facility employees or others, including negligent emergency response or rescue operations of the Facility. I understand that the Facility cannot guarantee that I will not be injured or become infected with the Disease due to our participation in the activities or events and that engaging in such may increase our risk of contracting the Disease. Notwithstanding these risks, I acknowledge that I am voluntarily participating in these activities or events with knowledge of the dangers involved. I hereby agree to accept and assume all risks of injury, illness, disability, death, and/or property damage arising from our engaging in said activities or events, whether caused by the ordinary negligence of the Facility or otherwise.
b. The Facility hereby releases the Host from any damage to golf cart or other Facility property.
2. ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I understand that accidents, with fatalities, serious bodily injury and/or property damage can occur during my participation in golf and other activities, or events offered by the Facility, as a result of negligence or otherwise, including without limitation resulting from adverse weather conditions. Knowing the risks involved I nevertheless agree to assume those risks and to release the Facility and all of the other Protected Parties for any injury, death, illness or property damages that may occur in connection with my use of the golf and other facilities at the Facility or made available by the Facility, whether caused by negligence or otherwise.
3. CERTIFICATION. I certify that I am at least 18 years of age and that I am in good physical condition and can participate in golf and related activities or events. If at any time I believe conditions to be unsafe, I will immediately discontinue further participation for myself in the activity. If an emergency arises, I authorize the Facility’s staff to request and/or administer medical treatment to me, or my party, if and as necessary. I also confirm that I do not have any medical or other conditions that would impair our ability to participate in said activities or events; and am not experiencing symptoms of the Disease, do not have a confirmed or suspected case of the Disease, and have not come in contact in the last days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to said activities or events and the Disease while participating in said Activities or events. I will also follow all instructions, recommendations, and cautions of the Facility at all times during said activities or events. If at any time we believe conditions to be unsafe, that I are no longer in proper physical condition to participate in said activities or events, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
4. SCOPE. This Release applies to personal injury, including death, from the incidents or illnesses arising from my presence at the Facility and/or my participation in the Facility’s activities or events including, but not limited to recreational, practice, or competitive activity; events; organized or individual training and conditioning activities or events ; tests; classes and instruction; individual use of facilities, equipment, locker room areas, and all premises, or attendance at such activities or events whether or not as a participant, including the associated sidewalks and parking lots, and to any and all claims resulting from the damage to, loss of, or theft of property.
5. INDEMNIFICATION. I agree to defend and indemnify the Facility and the Protected Parties, that is, defend and pay any costs, including damages awarded, investigation costs, reasonable attorney’s fees, and related expenses from my assertion or prosecution of any claim or claims against the Facility or any of the Protected Parties released by me and my party in this Release or from any claim or claims of any person or entity arising from my willful or intentional injury or damage to any person or property or my violation of any of the rules or restrictions of the Facility.
6. GENERAL CLAUSES. This Release is the entire agreement of the parties relating to the subject matter of this Release, and it supersedes any and all previous oral or written promises or agreements. This Release cannot be modified or changed in any way by representations or statements by any Protected Party. I understand that this Release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Pennsylvania, and if any portion of this Release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Exclusive jurisdiction and venue with respect to any legal action relating to this Release shall be in the County of Montgomery, in the Commonwealth of Pennsylvania. This Release shall be governed and interpreted under Pennsylvania law without reference to its conflict of laws principles.
7. ACKNOWLEDGEMENT AND UNDERSTANDING. I HAVE READ AND UNDERSTAND THIS RELEASE. I ACKNOWLEDGE AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHTS TO SUE FOR DAMAGES IN THE EVENT OF DEATH, INJURY, OR LOSS. I FURTHER ACKNOWLEDGE THAT I AM VOLUNTARILY AGREEING TO THESE TERMS, CONDITIONS, WAIVERS AND RELEASES, AND I INTEND THIS RELEASE TO BE A COMPLETE RELEASE OF ALL LIABILITY, INCLUDING THAT DUE TO ORDINARY NEGLIGENCE BY THE PROTECTED PARTIES, TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA. FINALLY, I TAKE FULL RESPONSIBILITY FOR KNOWING AND ABIDING BY THE RULES AND RESTRICTIONS OF THE FACILITY.