Professional Golf Planners of America, LLC. (PGPA) :
VIDEO AND PHOTOGRAPHY RELEASE: I hereby grant Professional Golf Planners of America, LLC (PGPA) and its subsidiaries the right to videotape, film, and photograph me, and the right, in perpetuity, to use my name, likeness, biographical information, and voice in all forms of media (including digital media/internet) in connection with the advertising and promotion of Professional Golf Planners of America, LLC.
ASSUMPTION OF RISK AND RELEASE FROM LIABILITY: By signing or electronically submitting a registration form and entering and playing in a PGPA Event, the participant understands and agrees that there are certain dangers involved with the participation in a golf event, including but not limited to being struck by lightning, getting hit by a golf club, suffering from heat exhaustion, heart attack or injury from uneven terrain, all of for which risks participant assumes and solely accepts, and waives all claims of injury to body or property against Professional Golf Planners of America, LLC and its agent/directors. Further, the participant agrees that while on the premises of a PGPA held Event (“Event”), the participant, and any guest, relative or anyone else affiliated with participant, shall be present at their own risk and that Professional Golf Planners of America, LLC and its agents/directors shall not be liable for any claims for injuries or damages whatsoever to person or property of the participant or related person arising out of or in connection with the participation in the Event or presence at the Event. Participant agrees to indemnify and hold harmless Professional Golf Planners of America, LLC from all claims by or liability to participant or affiliated person.
REGISTRATION: Professional Golf Planners of America, LLC (PGPA) provides an online registration service (“Service”) that allows you the convenience of registering online and paying the registration fee with your credit card. We do not issue refunds or exchanges. Your use of our website is subject to our Terms of Service. The Terms of Service are hereby incorporated by reference into this Agreement.
DISCLAIMER OF WARRANTY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROFESSIONAL GOLF PLANNERS OF AMERICA, LLC (PGPA) AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) PGPA AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE PGPA WILL USE REASONABLE EFFORTS TO PREVENT UNAUTHORIZED ACCESS TO DATA ENTERED BY YOU WITHIN THE SERVICE, PGPA AND ITS SUPPLIERS MAKE NO WARRANTY THAT SUCH DATA WILL BE SECURE AGAINST SUCH UNAUTHORIZED ACCESS OR OTHER SECURITY BREACHES.
LIMITATION OF LIABILITY: IN NO CIRCUMSTANCE SHALL Professional Golf Planners of America, LLC (PGPA) AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION: You shall indemnify and hold Professional Golf Planners of America, LLC (PGPA), its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service.
GENERAL PROVISIONS; These terms shall be governed by and construed in accordance with the laws of the States of Michigan, Ohio and Indiana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Oakland County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Professional Golf Planners of America, LLC (PGPA) reserves the right to review, reject, and/or terminate your registration at any time and at its sole discretion. In the event that your registration is terminated during the term of this Agreement, PGPA will review the appropriateness of refunding your registration fee.
AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT: You represent and warrant Professional Golf Planners of America, LLC (PGPA) (“us”, “we”, “our”) that you have full legal authority to complete this registration including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this registration. By proceeding with this registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that, in compliance with the Children’s Online Privacy Protection Act (COPPA), you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child’s personal information by us.