Touring Mixed Golf Association
As part of your membership to the TMGA, it is mandatory for all persons to read and agree to our WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
PLEASE READ CAREFULLY AS THIS IS A LEGAL AGREEMENT.
You will give up certain legal rights, including the right to sue for damages or costs for any accident, injury, loss or death to yourself, or any damage/loss to your property arising out of your presence and participation in any way in TOURING MIXED GOLD ASSOCIATION ("TMGA"), or any of the golf facilities TMGA participates in.
Acknowledgement of Risks
1) I ACKNOWLEDGE THE FOLLOWING RISKS, WHICH IS NOT EXHAUSTIVE, OF PARTICIPATING IN TMGA EVENTS AND ACCEPT SAME ENTIRELY AT MY OWN RISK:
a) Any and all risks, including risk of injury or death, associated with playing golf, operating golf carts, or using golf facilities, including but not limited to the risks from the actions, omissions, or improper use of equipment, golf carts or the facilities and the risks arising from being in the vicinity of equipment, golf carts, and others;
b) Any and all health or personal factors that may impact my functions, including but not limited to coordination, ability to follow or give directions, fatigue, dizziness, pain, or illness;
c) All manner of injury, including but not limited to slips, falls, bruises, scrapes, cuts, sprains, strains, dislocations, broken bones, and head, facial, or dental injuries, resulting from playing golf, using golf carts, and use of golf facilities, parking lot and general premises;
d) Failure to follow the instructions of TMGA or the staff of respective golf facilities, or failure to ask for information or assistance.
e) Risk of possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While rules and personal discipline may reduce this risk, the risk of serious illness and death does exist and, by my participation or continued participation, I fully assume all risks of exposure and/or infection which may lead to illness, injury, damages or death.
2) I understand and expressly confirm:
a) It is my personal responsibility to consult with my physician prior to my participation in any events planned by TMGA, and if at any time during any physical activities I feel discomfort or strain, it is my responsibility to cease the activity and consult with my physician.
b) TMGA reserves the right to refuse admission to anyone that TMGA think may pose a health risk to themselves or to others.
c) I will comply with the stated and customary rules in regards to protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of Alberta Health Services and/or medical professional as soon as possible and follow any directions provided by the authority.
3) I understand and acknowledge that the above-mentioned risks and dangers are not an exhaustive list of all possible risks associated with my participation with the TMGA and that other unknown or unanticipated risks may result in injury, illness, or death. The above list in no way limits the extent or reach of this assumption of risk, of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these activities. NONETHELESS, I WILLINGLY ASSUME FULL RESPONSIBILITY FOR THE RISKS THAT I AM EXPOSING MYSELF TO AND ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL INJURY, DEATH, LOSS OR DAMAGES THAT MAY RESULT FROM PARTICIPATION IN ANY ACTIVITIES OR EVENTS WITH TMGA AT ANY LOCATION OR PREMISES IN WHICH TMGA ELECTS TO HOLD SUCH ACTIVITY OR EVENT.
Waiver of Liability and Risks
4) In consideration for, and as an express condition for my participation in the activities or events of the TMGA, at any location or premises that TMGA elects to hold such activity or event, I hereby release, waive, and discharge TMGA, and its officers, directors, successors, members, volunteers, affiliates or agents (collectively, the “Released Parties”) from any and all liability, actions, causes of action, suits, debts, statutory obligations, sums of money, claims and demands of every nature and kind whatsoever, at law or in equity, which I ever had, now have, or which I may at any future time have against the Released Parties, or any one or some of them, arising out of or in any way connected with my participation in any activity or event with TMGA, including claims of actual or alleged negligent acts or omissions of the Released Parties, or claims arising from any statute, including, without limitation, the Occupiers’ Liability Act, R.S.A. 2000, c. O-4 (collectively, the “Claims”).
5) I agree to indemnify the Released Parties from and against all Claims arising as a result of my participating in any and all activity with TMGA including, without limitation, use of any golf facilities, operating a golf cart on golf facilities premises, parking lots and general premises. I agree to pay for all legal fees that are incurred as a result of any Claims made by me or on my behalf and for any claims, suits or actions by any third parties that are related to my actions or inactions. I agree that this indemnity applies whether the Released Parties are at fault or not and that fault is not necessary for the Released Parties to rely on and seek indemnity from me.
6) I agree that the Released Parties are not responsible in the event of loss, damage, unauthorized use, theft, or injury resulting from and to any personal property of mine when participating in TMGA activities or events.
Further Agreements, Representations and Warranties
7) I represent and warrant that I have read and understand the rules of conduct of each golf facility in which there are planned events or activities of TMGA. I agree to abide by all rules of conduct of those golf facilities and all rules of conduct expressed by TMGA at any time.
8) I understand and agree to pay for the reasonable cost of repairs or replacement of any damage I cause to the golf facility’s property and equipment.
9) I agree to truthfully complete the most recent Alberta Health Services )AHS) COVID-19 Self-Assessment for Albertans available on the AHS website prior to participating in any TMGA event.
10) I will only participate in a TMGA event given that I am not required to self-isolate or be tested based on the results of the AHS COVID-19 Self-Assessment for Albertans.
11) I understand that by signing this Agreement, I am giving up the right to sue or make any Claim against the Released Parties on my behalf, and that this Agreement shall be binding on my heirs, executors, administrators, assigns, and personal representatives.
12) I agree that if any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect.
13) I agree and authorize TMGA to use, store or transfer, as TMGA may consider necessary, my personal information, for any and all purposes in connection with the services and activities of the TMGA and/or for the purpose of promoting, improving and furthering the interests of TMGA. I acknowledge this may include posting my photos and/or names online, and/or in publications.
14) I agree that this agreement shall be governed by the laws in effect in to Province of Alberta and I agree to submit to the exclusive jurisdiction of the Courts of the Province of Alberta.