PLEASE READ CAREFULLY—THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
The undersigned user of Georgetown Country Club’s facility (“Participant”) and the undersigned guardian if Participant is under the age of 18 (“Guardian”), individually and on behalf of Participant, if applicable, voluntarily gives this Participation Agreement, Waiver and Release (“Agreement”) to Georgetown Country Club (defined below) in consideration of Participant’s entry into and use of Georgetown Country Club’s facilities, services or equipment.
Acknowledgment and Assumption of Risks
Signer (defined below) acknowledges and agrees that: (a) certain risks are inherent in the Activities (defined below); (b) those risks include, but are not limited to, moderate or severe personal or psychological injury, pain, suffering, harm, temporary or permanent disability, death, sickness or disease including, without limitation, property damage, and loss; (c) there may be other risks either not known or not readily foreseeable at this time; and (d) Georgetown Country Club cannot ensure or guarantee that the Activities, any equipment, or any premises, structures, or environmental conditions involved in the Activities will be free from hazards or any of the foregoing risks. Signer represents and warrants that: (i) the Participant is aware of and understands the risks involved; and (ii) despite the known and unknown risks involved in participating in the Activities, Participant voluntarily elects to participate in the Activities.
SIGNER EXPRESSLY ACKNOWLEDGES THAT SIGNER AND ANY PARTICIPANTS ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGERS INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF GEORGETOWN COUNTRY CLUB, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF GEORGETOWN COUNTRY CLUB, OR OTHERWISE.
Rules
Participant recognizes the importance of knowing and following Georgetown Country Club’s Rules (defined below) for the safety of participants in the Activities and agrees to abide by them. Participant agrees to notify responsible Georgetown Country Club personnel immediately upon becoming aware of an unsafe condition, broken or malfunctioning safety device, or violation of safety rules by any other person and to immediately discontinue participation in any Activities if Participant believes the conditions are unsafe.
Waiver, Release, Indemnification, Covenant not to Sue
Each Signer, individually and on behalf of each Signer’s respective Successors (defined below): (a) agrees to waive, release, discharge, hold harmless, defend, and indemnify Georgetown Country Club, jointly and severally, from and for any and all Damages arising from or relating to Participant’s attendance at or participation in Activities (including, but not limited to, Georgetown Country Club’s negligence, whether or not sole, but specifically excluding gross negligence or willful misconduct), the use of Georgetown Country Club’s facilities, services, equipment and premises, all of which may be supervised or unsupervised, or any violation of this Agreement by Signer and (b) covenants not to sue Georgetown Country Club for any of the foregoing. To the fullest extent allowed under applicable law, Guardian (if applicable) further agrees to hold harmless, defend, and indemnify Georgetown Country Club from and for any and all Damages arising from or relating to Participant attempting to void or voiding this Agreement. These promises are made in partial consideration for Georgetown Country Club accepting this Agreement and permitting Participant to attend and participate in the Activities.
General Terms
This Agreement encompasses the entire understanding and agreement between Georgetown Country Club and Signer as to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, oral or written, made between Georgetown Country Club and Signer as to the subject matter of this Agreement. No modification, release, discharge, or waiver of any provision of this Agreement shall be of any force, effect, or value unless signed in writing by Georgetown Country Club. Signer expressly agrees that the waivers, releases, discharges, hold harmless and defense provisions, indemnifications, and covenant not to sue in this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Michigan, that this Agreement has been made and entered into in the State of Michigan, and that in the event of any dispute this Agreement shall be governed by and construed in accordance with its laws, and that principles of conflict of laws shall not apply. Signer hereby irrevocably submits and consents to the jurisdiction of the State of Michigan and agrees that any dispute between Signer and Georgetown Country Club must be conducted in the state or federal courts for Washtenaw County, Michigan. The terms and conditions of this Agreement shall be legally binding upon Signer and Signer’s respective Successors. This Agreement shall not be assigned by Participant or Guardian, by operation of law or otherwise, without the prior written consent of Georgetown Country Club.
If any provision of this Agreement is held to be contrary to law or otherwise unenforceable, in whole or in part, then such provision shall be modified and amended to the extent necessary to be enforceable to the maximum extent provided by applicable law and if such modification or amendment is not possible, then the offending provision shall be severed from and shall not affect the remaining terms of this Agreement, which shall then be interpreted as if the unenforceable provisions were absent from this Agreement. Signer has had the opportunity to seek the advice of independent counsel regarding the consequences of entering into this Agreement and enters into it voluntarily, after review, and with full understanding of its terms.
Acceptance by Georgetown Country Club
By permitting Participant to participate in the Activities, Georgetown Country Club accepts Participant’s and Guardian’s agreements, representations, warranties, acknowledgements, waivers, releases, and covenants in this Agreement. If Georgetown Country Club permits Participant to participate in the Activities, such participation is permitted in reliance upon and in consideration for Participant and Guardian entering into this Agreement. Georgetown Country Club shall have and maintains the right to refuse to allow and to limit Participant’s attendance and participation in any or all of the Activities for any reason permitted by law, and maintains the right to enforce its Rules, without limitation of or impacting the applicability of the waivers, releases, discharges, hold harmless and defense provisions, and indemnifications in this Agreement.
Definitions
In addition to the terms defined elsewhere in this Agreement, the following terms have the meanings given to them below in this Agreement:
“Activities” includes any use of the Georgetown Country Club facilities, services, equipment and premises and participation in any sport, exercise, training, education, spectating and other activities occurring on Georgetown Country Club property, including, without limitation, tennis, swimming, diving, day camp (Camp Georgetown), golf, footgolf, baseball, softball, basketball, football, pickleball, volleyball, soccer, individual and group exercise, training, and all similar or related activities.
“Damages” means any and all liability, claims of any nature, damages, and costs (including, but not limited to, all expenses and attorneys’ fees), including, but not limited to, any personal injury, harm, death, disability, sickness, disease, property damage, or loss, whether economic or noneconomic, suffered by Participant, Guardian, or any of their family members, dependents or guests.
“Rules” means Georgetown Country Club’s rules, regulations, procedures, and practices, whether for safety or otherwise, however amended, published or communicated from time to time.
“Signer” means Participant if Participant is of legal age, and means Participant and Guardian, individually and on behalf of Participant if Participant is a minor.
“Georgetown Country Club” means Georgetown Country Club, a Michigan nonprofit corporation, and as applicable, all of its agents, officers, directors, employees, volunteers, sponsors, organizers, and representatives, individually and collectively.
“Successors” means, as applicable, a person’s family, estate, heirs, executors, personal representatives, next of kin, successors, and assigns, as well as any other party asserting a claim on the person or entity’s behalf or on behalf of any estate.
