Waiver and Release of Liability
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Golfzon organized by Overtime Cabot, INC., of 14 Prospect Court, Cabot, Arkansas, 72023 and/or use of the property, facilities and services of Overtime Cabot INC., I, _________________ (Legal Name), of _________________ (Street Name),_________________(City), _________________ _________________(State), agree for me and (if applicable) for the members of my
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted
rules and warnings, and further agree to follow any oral instructions or directions given by
Overtime Cabot, or the employees, representatives or agents of Overtime Cabot.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain
inherent risks associated with the above-described activity and I assume full responsibility for
personal injury to myself and (if applicable) my family members, and further release and discharge
Overtime Cabot for injury, loss or damage arising out of my or my family's use of or presence
upon the facilities of Overtime Cabot whether caused by the fault of myself, my family,
Overtime Cabot or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Overtime Cabot against all
claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other
litigation costs, which may in any way arise from my or my family's use of or presence upon the
facilities of Overtime Cabot.
4. FEES. I agree to pay for all damages to the facilities of Overtime Cabot caused by any
negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the
above shall be resolved under Arkansas law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this
Agreement and that I have been given a reasonable opportunity to review it before signing. I
further agree and acknowledge that I am free to have my own legal counsel review this Agreement
if I so desire. I further agree and acknowledge that Overtime Cabot has offered to refund any
fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of
an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the
interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly
reject the application of any legal or equitable rule of interpretation which would lead to a
construction either "for" or "against" a particular party based upon their status as the drafter of a
specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement,
whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the
validity or enforceability of any other provision of this Agreement or of any other applications of
such provision, as the case may be, and such invalid or unenforceable provision shall be deemed
not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is not
resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to
mediation in accordance with any statutory rules of mediation. If mediation is not successful in
resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and
binding arbitration under the rules of the American Arbitration Association. The arbitrator's award
will be final, and judgment may be entered upon it by any court having proper jurisdiction.
10. EMERGENCY CONTACT. In case of an emergency, please call:
IN CONSIDERATION OF the risk of injury that exists while participating in Golfzon (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY release and forever discharge Overtime Cabot, located at 14 Prospect Ct., Cabot, AR. 72023, their affiliates, managers, members, agents, attorneys, staff volunteers, heirs, representative, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned activity.
I AM VOLLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATIN IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
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