WAIVER AND RELEASE (“Waiver and Release”)

PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE WAIVER AND RELEASE AND AGREE TO THE TERMS SET FORTH BELOW.

I, _______________________________, for myself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by me (if relevant under the applicable laws), in consideration for the opportunity to participate in the 2024 5k @ the LPGA (“Event”) and all related events and/or activities, do hereby covenant to the Walmart NW Arkansas Championship presented by P&G (“Tournament”), Outlyr Inc., the LPGA, (collectively, the “Event Organizers”), Pinnacle Country Club, P&G, and Wal-Mart, all affiliates of the foregoing parties (including the Event Organizers), and their respective members, employees, affiliates, directors and officers, all vendors and contractors of the Event, and any sponsor, official or other person or entity associated with the Event and/or Tournament, not to sue or bring any legal action or proceeding against any and/or all of them, or any member or owner, subsidiary or affiliate, director, officer, agent, employee, legal representative or successor or assign of any of the foregoing persons and entities (collectively, the “Releasees”) for or on account of any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature that I or any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by me (if relevant under the applicable laws) may sustain by virtue or arising out of my participation in or presence at the Event, including, without limitation, those arising out of the negligence of Releasees, any accidents, injuries, or illnesses (including death), or any property loss.  I understand and acknowledge that the Event may involve activities that are not under the control of Releasees.  These presents may be pleaded as a complete defense to any action or other proceeding which may be brought, instituted, or taken by me or any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by me (if relevant under the applicable laws) against any or all of the Releasees in breach of this Waiver and Release, reserving unto me the right to proceed against any and all other parties which may be involved in such action or proceeding. 

I acknowledge that my participation in the Event is without assumption of responsibility or risk of any kind by Releasees and Releasees do not make any representation or warranty of any kind with respect to the Event and/or the suitability of the Event site and/or Event course.  I understand the existence and assume the risk of all dangerous conditions arising from and inherent to the Event, and all related activities, and in transportation to and from the Event, and waive any and all specific notice of the existence of such conditions.  I acknowledge that the Event representatives have the right to dismiss, relieve or reassign me in connection with participation in the Event at any time and for any reason or no reason at all.  I further agree that in case of any action being brought for or on behalf of me on account of any loss, damage, injury or death sustained by me while participating in the Event, any related activities, or in transportation connected with any of the foregoing, that I will be personally responsible and agree to repay to Releasees and defend and hold each of them harmless against any amounts recovered against any of them in connection with any such action and all related costs incurred by Releasees.  

I represent and warrant that I am in good physical condition, able to safely participate in the Event, have no medical conditions that may affect my ability to participate in the Event, and have not been advised otherwise by a medical practitioner. I consent to medical care and transportation in order to obtain treatment in the event of injury to me and understand that this Waiver and Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. I understand that no medical care may be available, but if it is, I assume liability for any and all medical expenses incurred as a result of my participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services.

I agree to observe and obey all rules and warnings, follow any instructions or directions provided to me by any Event officials and abide by any decision of any Event official relative to my ability to safely participate in or attend the Event. I understand and agree that I am expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities, and/or property. I agree that Event officials may dismiss me, without refund, should my behavior, in the opinion of the Event officials, endanger the safety of or negatively affect the Event. I understand and agree that I am responsible for taking care of my own personal belongings during the Event and, to the maximum extent permitted by law, the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at the Event. I understand and agree that the Event Organizers reserve the right to cancel the Event in the event of weather (including, but not limited to, heat, hurricanes, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of my payment unless authorized and paid by the Event in its sole discretion. I agree to hold the Releasees harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the Event.

I hereby irrevocably grant to Event Organizers, or anyone authorized by such parties, the absolute right and permission to record my voice and photograph me in conjunction with the Event. I further irrevocably grant to Event Organizers the absolute right and permission in perpetuity to use, re-use, edit, publish and republish my name, my Event results, my biographical material and/or pictures or video of me, or in which I may be included in whole or in part, or composite or distorted in character or form, which promote, publicize, advertise, and otherwise exploit the Event and/or the Tournament (collectively, the “Materials”) in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, social media, brochures, print materials, and media that are unknown at this time, worldwide, without compensation to me.  I waive any right that I may have to inspect or approve the finished product or the advertising or other copy that may be used in connection with the Materials or their use.  I release and discharge the Releasees, and all persons acting under any of their permission or authority, from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of photographic portraits, pictures or video of me, or in any processing pertaining to completion of the finished product, unless it can be shown that it and the publication of it were maliciously caused, produced and published for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and/or indignity. I understand that any such Materials shall become the sole property of the Event Organizers, as applicable.

I enter into this Waiver and Release not in satisfaction of any damages sustained, or as compensation for injuries, or in settlement of any claim or damages.  The opportunity to participate in the Event is consideration for the covenants and agreements contained herein.  It is explicitly understood and agreed that the acceptance of the foregoing covenant by any of the Releasees is not an admission of any liability on its or their part and that each of them expressly denies any liability in any manner. If any provision of this Waiver and Release is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the remaining terms will continue in full force without being impaired in any way. 

This Waiver and Release shall be governed by and construed in accordance with the laws of the state of Arkansas, USA without regard to conflict of laws principles.  This Waiver and Release is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under Arkansas law. TO THE EXTENT ANY DISPUTES RELATE TO, OR ARISE FROM, THIS WAIVER AND RELEASE, THE PARTIES ACKNOWLEDGE AND CONSENT TO VENUE AND THE EXCLUSIVE JURISDICTION IN THE COURTS OF, THE STATE OF ARKANSAS IN THE COUNTY OF BENTON.

BY INDICATING MY ACCEPTANCE OF THIS WAIVER AND RELEASE, I AM AFFIRMING THAT I HAVE READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING TO THIS WAIVER AND RELEASE FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF I AM REGISTERING ON BEHALF OF A MINOR OR INCAPACITATED ADULT, I CERTIFY THAT I AM THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT.