COVID-19 Participant Release, Waiver and Covenant Not to Sue
First Tee Massachusetts 2021
As a condition to participate in any First Tee of Massachusetts or Massachusetts Golf Association Inc. (“Mass Golf”) activities or competitions (each, an “Event”) from the date of my execution hereof through December 31, 2021 (the “Term”), I hereby acknowledge, certify and attest to the following, as of the date of each such Event:
1) I certify that within the last ten (10) days, I have not been diagnosed with 2019 novel coronavirus disease (“COVID-19”), nor to my knowledge have I been in close contact with anyone who has been diagnosed with COVID-19.
2) I understand that I may be required to provide the below certifications and participate in a health screening verbal questionnaire on site at each Event, before teeing off, and if I refrain from participating in this questionnaire, or if I answer “YES” to any questions, I may not be allowed to participate in the Event. The questions asked of me during the on-site health screening and verbal questionnaire may include, but not be limited to, the following:
Within the last ten (10) days, have you…
-Been diagnosed with COVID-19 or, to your knowledge, been in close contact with anyone who has been diagnosed with COVID-19?
-Been personally requested to quarantine by a doctor or other medical authority?
-Traveled outside the United States?
-Run a fever over 100.4° Fahrenheit?
-Experienced shortness of breath?
-Experienced abnormal coughing symptoms?
-Experienced loss of taste or smell, chills, shaking, sore throat or muscle aches?
-Experienced any other unusual flu-like symptoms?
3) I acknowledge that from the time I arrive at the host venue I will adhere to social distancing and will make every effort to maintain at least six (6) feet of space between myself and all other persons during all Events conducted by Mass Golf.
4) I acknowledge that I will follow all signage, instructions, policies and procedures communicated to me by Mass Golf and/or the host club/facility and understand that I may be subject to penalty, including disqualification, should I deliberately or knowingly violate any of these instructions, policies or procedures. The current Mass Golf policies and procedures may be found here [https://www.massgolf.org/covid19champs/], and are subject to amendment by Mass Golf at any time. I am familiar with federal, state, and local laws, orders, directives, and guidelines related to COVID-19, including the Centers for Disease Control and Prevention (CDC) guidance on COVID-19. I will comply with all such orders, directives, and guidelines while attending the Event, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. I will also follow all Mass Golf instructions while attending the Event. I agree not to attend the Event if I am experiencing symptoms of COVID-19 (such as cough, shortness of breath, or fever), have a confirmed or suspected case of COVID-19, or have come in contact in the last 10 days with a person who has been confirmed or suspected of having COVID-19.
5) I understand that during emergencies, including but not limited to suspensions of play for dangerous weather or other situations, Mass Golf will likely not be able to ensure safe social distancing throughout a suspension.
6) Each of the foregoing statements in Sections 1 through 5 herein are referred to as a “Certification,” and collectively as the “Certifications.”
7) I UNDERSTAND THAT EACH AND EVERY CERTIFICATION IS DEEMED MADE AS OF THE DATE OF EXECUTION HEREOF, AND AGAIN AS OF THE DATE OF EACH EVENT IN WHICH I PARTICIPATE DURING THE TERM. I UNDERSTAND THAT I HAVE AN AFFIRMATIVE DUTY TO INFORM MASS GOLF IF I AM UNABLE TO MAKE ANY OF THE CERTIFICATIONS AS OF THE DATE OF ANY EVENT, AND THAT AS A RESULT, MASS GOLF MAY IMPOSE ANY CONDITIONS ON MY PARTICIPATION IN SUCH EVENT AS IT DEEMS NECESSARY IN ITS SOLE DISCRETION TO PROTECT MY HEALTH AND SAFETY AND THE HEALTH AND SAFETY OF OTHER PARTICIPANTS, UP TO AND INCLUDING A REQUIREMENT THAT I NOT PARTICIPATE IN SUCH EVENT.
ASSUMPTION OF THE RISK
8) I understand that there are certain risks inherent in the game of golf. I also understand that my participation in any Event, and my use of event facilities and equipment may be dangerous and could involve the risk of serious injury, even death.
9) I am aware of the highly contagious nature of COVID-19 and the risk that I may be exposed to COVID-19 by engaging in the Event. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Mass Golf employees. I understand that a) while Mass Golf has implemented preventative measures to reduce the spread of COVID-19, Mass Golf cannot guarantee that I will not become infected with COVID-19 while participating in the Event, and b) participating in the Event may increase my risk of contracting COVID-19.
10) NOTWITHSTANDING THE RISKS ASSOCIATED WITH COVID-19, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO COVID-19, ARISING FROM MY PARTICIPATION IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF MASS GOLF OR OTHERWISE.
RELEASE, WAIVER AND COVENANT NOT TO SUE
11) I hereby waive and release any and all claims and liabilities, now known or hereafter known, against Mass Golf, its officers, directors, members, partners, employees, agents, sponsors, contractors, volunteers and all of their heirs, successors and assigns, as well as all facilities hosting Mass Golf activities, their respective officers, directors, members, employees, agents, sponsors, contractors, volunteers and all of their heirs, successors and assigns (collectively, “Releasees”) on account of injury, disease, infection, death, and property theft or damage, arising out of or attributable to my presence at an Event and/or my participation in an Event, whether or not arising out of the actual, perceived, or alleged negligence of any Releasee, (the “Released Claims”), except for those claims arising out of the gross negligence or willful misconduct of a Releasee. I covenant not to make or bring any Released Claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. It is my intent that this Release, Waiver and Covenant Not to Sue will bind myself and my personal representatives, spouse (if applicable), assigns, heirs, and next of kin without limitation, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE all Releasees in connection with the Released Claims. Notwithstanding anything to the contrary herein, to the extent that an individual is a participant in an Event, then such individual will not be deemed a Releasee with respect to any Released Claims arising out of such individual’s actions as a participant in such Event.
12) I understand that the certifications, agreements, waivers, releases and other terms set forth herein shall apply and remain in full force and effect throughout the Term even if I have received vaccination from Covid-19.
13) I agree that I cannot terminate or rescind this Release, Waiver, and Covenant Not to Sue. It is my desire and intent that the terms, provisions, covenants, and remedies contained in this Release, Waiver and Covenant Not to Sue be enforceable to the fullest extent permitted by applicable law. This Release, Waiver and Covenant Not to Sue constitutes the sole and entire agreement between Mass Golf and me with respect to the Released Claims and supersedes all prior and contemporaneous understandings and agreements, written and oral, to the extent they might otherwise apply to the Released Claims. If any term or provision of this Release, Waiver and Covenant Not to Sue is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release, Waiver and Covenant Not to Sue, nor invalidate or render unenforceable such term or provision in any other jurisdiction. Mass Golf may assign this Release, Waiver and Covenant Not to Sue and its rights hereunder, in whole or in part, to any party. This Release, Waiver and Covenant Not to Sue is binding on and inures to the benefit of our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Release, Waiver and Covenant Not to Sue shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any claim or cause of action arising under this Release, Waiver and Covenant Not to Sue may be brought only in the federal and state courts located in Suffolk County, Massachusetts and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
14) This Release, Waiver and Covenant Not to Sue may be executed in two or more counterparts, each one of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and electronic, digitally reproduced, and facsimile signatures will be effective as originals.
BY CONFIRMING THAT I HAVE READ AND AGREE TO THIS RELEASE, WAIVER AND COVENANT NOT TO SUE, I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OF AGE (OR, IF NOT, THEN I WILL OBTAIN A CONFIRMATION OR A SIGNATURE OF MY PARENT OR LEGAL GUARDIAN PRIOR TO PARTICIPATION IN AN EVENT), AND THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE, WAIVER AND COVENANT NOT TO SUE, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MASS GOLF.
Each participant must confirm that he or she has read and agrees to this COVID-19 Participant Release, Waiver and Covenant Not to Sue prior to the individual’s participation in any Mass Golf Event or related activity.
If confirmation of agreement to this Release, Waiver and Covenant Not to Sue is not received prior to arrival on site for an Event or activity, the participant will not be permitted to participate in that Event or activity.