Vaccination: The Indian Wells Tennis Garden (“IWTG”) requires valid proof of full COVID-19 vaccination in order to enter the venue for all sports, entertainment and group events and activities. The vaccination requirements will apply to all participants (except for those covered by their governing organization, such as ATP Tour and WTA Tour), fans, volunteers, staff, sponsors, media, and vendors associated with these events and activities. To keep all persons on-site as safe as possible, no exceptions to this policy will be allowed. Further details, including how required vaccination documentation can be presented, will be shared on the Event and IWTG websites from time-to-time.
DESERT CHAMPIONS LLC (“DC”) MAY REJECT ANY VACCINATION VERIFICATION IT DOES NOT BELIEVE IS VALID OR TRUTHFUL.
Health Protocols Compliance: While at the IWTG, I and any minor or other person accompanying me will comply with the health protocols established for the IWTG and all applicable orders, regulations and directives relating to COVID-19 and its variants from national, California, Riverside County and other local governmental and health agencies.
Release: In consideration for being permitted to attend and/or participate in the BNP Paribas Open (the “Event”), I, for myself, my heirs and assigns, hereby release, waive, discharge and covenant not to sue DC, Garden of Champions LLC, Tennis Ventures, LLC or The Champions Volunteer Foundation and their members, directors, officers, employees, agents and volunteers (collectively, the “Event Parties”) for liability from any and all claims resulting in personal injuries, death, accidents, illnesses (such as communicable diseases including COVID-19 and its variants) and property loss arising from attendance at and/or participation in the Event.
Assumption of Risk: Participation in and/or attendance at the Event includes certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary but include (a) minor injuries, such as bruises, sprains and dehydration, (b) major injuries such as eye injuries, joint or back injuries, heat stroke, heart attacks, and concussions and (c) catastrophic injuries such as paralysis and death. I have read the preceding and understand and appreciate these and other risks that are inherent in attending and/or participating in the Event. I assert that my attendance and/or participation is voluntary and that I knowingly assume all risks.
Indemnification and Hold Harmless: I also agree to indemnify and hold the Event Parties harmless from any and all claims, actions, suits, costs, expenses, damages and liabilities, including attorney’s fees, arising as a result of my attendance at and/or participation in the Event.
Use Permission: I also give DC and its agents and designees permission to use or distribute, without limitation, payment or obligation, my image, name, voice, social media activities, and words for any purpose connected with the Event or the IWTG, including promotional, marketing, training, informational and archival uses.
Authorization to Release Information: I authorize DC to disclose my contact information to an authorized public health agency when requested by that agency for the purpose of contact tracing as part of its efforts to identify those with possible exposure to COVID-19 and its variants and to promote public safety. This Authorization to Release Information is valid for one (1) year from the date of my signature.
California Civil Code Section 1542: I ACKNOWLEDGE HAVING READ THE FOREGOING AND UNDERSTAND ITS IMPLICATIONS, AND/OR HAVE BEEN ADVISED BY MY LEGAL COUNSEL ABOUT THE FOREGOING, AND HAVE THEREFORE BECOME FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Governing Law; Dispute Resolution: This Waiver and Release is governed by California law. Any dispute or claim will be resolved through arbitration administered by JAMS in Riverside County, California. Judgment may be entered in any court having jurisdiction.
I acknowledge having carefully read the foregoing and understand the contents thereof.