Terms & Conditions

LIV Golf Functions
Participant Release and Waiver
All participants (whether as a volunteer or in a compensatory capacity) in any event or activity (collectively “LIV Golf Functions”) hosted, sponsored, operated or otherwise conducted by LIV Golf Incorporated, a Delaware corporation (“LGI”), or one or more of its affiliates (collectively, the “LIV Group”) must complete and sign this LIV Golf Functions Participant Release and Waiver (“Agreement”) prior to such participation. This Agreement is effective upon the date and time of signing (the “Effective Date”) and shall remain valid and effective to release and indemnify each member of the LIV Group (together with each such member’s directors, officers, managers, control persons, partners, members, employees, agents, independent contractors, event managers, sponsors, and event venue owners) (collectively, the “Released and Indemnified Parties”) from and against any Claims (defined below) arising from and after the Effective Date.

1. Release and Indemnity.
   The undersigned, individually and on behalf of my spouse, if any, and my children, if any (collectively, the “Releasing Parties”), hereby releases, remises, forever discharges, defends, holds harmless and indemnifies the Released and Indemnified Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages and expenses, whether known or unknown (including, but not limited to, all direct, special, incidental, exemplary, punitive and consequential damages, losses of any kind and reasonable attorneys’ fees and expenses), and however caused, including, without limitation, by reckless, negligent or grossly negligent conduct (collectively, “Claims”) of any and all of the Releasing Parties that arise on, are based upon, or result from, any act, event, occurrence or omission on the premises (the “Premises”) where the applicable LIV Golf Function is conducted. Furthermore, and without limiting the foregoing, the undersigned, individually and on behalf of on behalf of the Releasing Parties, hereby waives any and all Claims that any of the Releasing Parties, whether individually or collectively, may now or in the future have against any of the Released and Indemnified Parties that arise on, are based upon, or result from, any act, event, occurrence or omission on the Premises, and shall not initiate or prosecute (or aid any other party in prosecuting) or continue to assert or maintain any such Claim of any kind whatsoever against any of the Released and Indemnified Parties in any court or otherwise with respect to the matters released or waived hereunder, including, but not limited to, any Claim under any common law, whether in law or equity, or federal, state or local statute, ordinance or rule of law.
   THE UNDERSIGNED HEREBY CONFIRMS FAMILIARITY WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1592 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN
   BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

2. Acknowledgment of Risks.
The undersigned, individually and on behalf of the other Releasing Parties hereby acknowledges and confirms (i) golfing and related activities (collectively, the “Activities”) at the Premises, present, carry and involve a serious risk of physical injury to both active participants and spectators; (ii) the Activities are inherently dangerous and hazardous and by participating in or observing the Activities; (iii) each of the Releasing Parties is expressly assuming all risks associated with the Activities and expressly contracting not to sue for any injury (ranging from minor injuries (bruises, blisters and the like) to more serious injuries or even death) sustained as a result of such participation in or observation of the Activities; and (iv) no matter how careful the Releasing Parties may be while the Activities are conducted, and that no matter how much the LIV Group attempts to reduce the risks, the risk of serious injury (including death) is not eliminated and remains foreseeable.

3. Assumption of Risk and Loss.
THE UNDERSIGNED HEREBY ACKNOWLEDGES AND CONFIRMS THAT ALL ACTIVITIES AT THE PREMISES, INCLUDING THE ACTIVITIES OF THE RELEASED AND INDEMNIFIED PARTIES, THE ACTIVITIES OF THE RELEASING PARTIES AND THE ACTIVITIES OF THIRD PARTIES ARE POTENTIALLY AND INHERENTLY DANGEROUS AND THE UNDERSIGNED KNOWINGLY AND FREELY ASSUMES ALL KNOWN AND UNKNOWN RISKS ON BEHALF OF THE RELEASING PARTIES, INCLUDING, WITHOUT LIMITATION, ALL RISKS OF INJURY, DAMAGE AND/OR DEATH. The undersigned hereby acknowledges and confirms the participation of any of the Releasing Parties in any of the Activities on the Premises is purely voluntary.

4. Injuries by and to Third Parties.
The undersigned hereby acknowledges and confirms, individually and on behalf of each of the other Releasing Parties, that one or more of the Releasing Parties may be injured by the actions of customers or invitees (“Third Parties”) of the LIV Group at the Premises. In such event, the undersigned hereby releases, discharges, waives, defends and indemnifies the Released and Indemnified Parties against any and all Claims arising from acts or omissions of Third Parties on the Premises. The undersigned hereby further acknowledges and confirms that the acts or omissions of any of the Releasing Parties may cause injury to Third Parties and the Released and Indemnified Parties while on the Premises. In such event, the undesigned shall defend and indemnify the affected Third Parties and Released and Indemnified Parties against any Claim which was caused, in whole or in part, by one or more of the Releasing Parties.

5. Representations and Warranties.
The undersigned hereby represents and warrants to, and for the benefit of, the Released and Indemnified Parties that all of the Releasing Parties participating in any of the Activities on the Premises are physically able to participate in all such Activities and have no pre-existing physical or medical condition, including, without limitation, any allergies or exercise-‐induced conditions, that would endanger such participant while participating in the Activities on the Premises. In addition, the undersigned hereby represents and warrants, that all of the Releasing Parties will conduct themselves, while on the Premises, in a safe and responsible manner so as not to endanger the lives or property of any persons. The undersigned hereby also represents and warrants to, and for the benefit of, the Released and Indemnified Parties, that the undersigned has the power and authority to enter this Agreement on behalf of all of the Releasing Parties, and understands that the Released and Indemnified Parties will rely upon such representation and warranty.

6. Name, Image and Likeness.
The undersigned hereby irrevocably grants the LIV Group the irrevocable, non-exclusive, transferable, sublicensable and assignable right to depict, without any additional consideration, and in perpetuity, in any and all media now or hereafter known (including, without limitation, sponsored, pre-recorded and live programming, and advertising and promotion via any and all media, including, without limitation, television, print, online and social media), the name, image, likeness, social media handle, words, voice and/or biographical information captured during or in connection with the Activities (collectively, “Content”) for purposes of promoting, advertising, or marketing future LIV Golf Functions. In addition, in connection with the use of the Content, the undersigned hereby releases and waives any action or cause of action that any of the Releasing Parties assert in connection with the use of the Content including, but not limited to, any claims based on invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs and/or materials in which the Content appears.

7. Basis of Bargain.
The undersigned understands that the LIV Group would not allow use of, or access to the Premises for the Activities to the Releasing Parties without agreement to the terms and conditions set forth herein.

8. Choice of Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law, and venue for disputes under this Agreement shall be exclusively in the federal and state courts of the State of New York located in
the Borough of Manhattan, New York, New York. To the extent that any of the Released and Indemnified Parties incur attorneys’ fees and expenses, and court costs to enforce this Agreement, the undersigned shall indemnify and hold the Released and Indemnified Parties harmless for all such fees, expenses and costs.

9. Jury Trial Waiver.
The undersigned, individually and on behalf of the other Releasing Parties, hereby waives to the full extent permitted by applicable law, any right the Releasing Parties may have to trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement. The undersigned hereby acknowledges and confirms (i) that no representative, agent or attorney of any member of the LIV Group has represented, expressly or otherwise, that any member of the LIV Group would not, in the event of litigation, seek to enforce the forgoing jury trial waiver and (ii) that LGI has been induced to accept this Agreement by, among other things, the foregoing jury trial waiver.

10. Severability.
In the event that any clause or provision of this Agreement is determined to be unenforceable as a matter of law, such clause or provision shall be severed from this Agreement and the remainder of this Agreement shall continue in full legal force and effect. This Agreement represents the entire understanding of the parties with respect to the matters set forth herein and no subsequent modification shall be binding unless reduced to writing and signed by the party against whom enforcement is sought.

11. Miscellaneous.
This Agreement is intended to be as broad and inclusive as is permitted by applicable New York law. All preexisting agreements, subsequent course of performance, or purported oral modifications of the terms of this Agreement that purport to establish different consequences shall be null and void. This Agreement shall be construed without regard to any presumption, custom or rule requiring construction or interpretation against the party which caused this Agreement to be drafted. The headings used in this Agreement are intended for convenience of reference only, shall not constitute any part of this Agreement and shall not modify or affect in any manner the meaning or interpretation of any of the provisions of this Agreement. This Agreement may be executed and delivered via telecopier machine or other form of electronic delivery which shall be deemed for all purposes as an original.