Participation Agreement
Effective July 8, 2026
This page is provided so parents and participants can review the Participation Agreement at any time. Every registration still requires reading and accepting this agreement, including a promotional media election and electronic signature, during checkout.
Jucchou Golf — Universal Participation Agreement
Version v3.1 · Effective July 8, 2026
PART A — CHECKOUT DISPLAY (SHORT FORM)
Required — registration cannot be completed without this box:
☐ I AGREE — Parent/Guardian Electronic Signature. I am the parent or legal guardian of the Participant(s) in this registration (or an adult Participant registering for myself). I have read and agree to the Jucchou Golf Participation Agreement (Version v3.1, effective July 8, 2026), which covers all Jucchou Golf programs and includes an ASSUMPTION OF RISK and RELEASE OF LIABILITY waiving claims — including claims for ORDINARY NEGLIGENCE — against the Academy, its coaches, staff, volunteers, and independent contractors, host golf courses, driving ranges, and training facilities, and sponsors; INDEMNIFICATION; EMERGENCY MEDICAL AUTHORIZATION; ILLNESS AND HEALTH-SCREENING RULES; and a CODE OF CONDUCT, including removal without refund for safety, conduct, or policy violations. I consent to conduct this transaction electronically and understand that checking this box constitutes my legally binding electronic signature under the federal ESIGN Act and California's Uniform Electronic Transactions Act.
Promotional Media Election — required, select one:
☐ OPT IN — The Academy may use Participant's name, image, and likeness in promotional materials (Section 19.2(a) of the Agreement).
☐ OPT OUT — Do not feature Participant in Academy-created promotional materials (Section 19.2(b)). I understand incidental appearances, third-party media, and tournament results are not covered by this opt-out.
Parent/Guardian full legal name: ______________________ Email address: ______________________ Mobile number (optional, for program notices): ______________________ Participant name(s) and date(s) of birth: ______________________ Date, time, version, and acceptance record: captured automatically at checkout
KEY TERMS SUMMARY
Plain-language summary for your convenience only. It is not a substitute for the full Agreement below, which controls in all cases.
- One agreement, all programs. This covers every Jucchou Golf activity your child joins for 12 months — lessons, classes, camps, clinics, practices, evaluations, tryouts, tournaments, and leagues including PGA Jr. League.
- Golf has real risks. Flying balls, swinging clubs, carts, terrain, weather, heat, air quality, ranges, simulators, and other people. You accept these risks for yourself and your child, including risks from our ordinary negligence. We never ask you to waive gross negligence or intentional misconduct.
- You give up the right to sue the Academy, our coaches and contractors, host courses and ranges, and sponsors for released claims, and you agree to cover our costs in the situations listed in the Agreement.
- Medical emergencies. If we can't reach you, you authorize us and medical professionals to get your child treated. Medical costs are your responsibility.
- Sick kids stay home. Fever, vomiting, or contagious symptoms mean no participation, and we may send a symptomatic child home with no refund for missed time.
- Conduct rules apply to everyone — participants, parents, spectators, and caddies. Violations, including bullying, harassment, or interference with coaching, can lead to removal without refund.
- Youth safety. We maintain youth-protection policies, screen personnel in accordance with California law, and may suspend anyone from programs while we review a safety concern. Report concerns to jeff@jucchougolf.com / (909) 569-9386.
- Transportation is on you unless a specific program says otherwise. Where staff, volunteers, or other parents provide incidental rides, that travel is covered by this release — you can decline transportation consent in writing.
- Weather and conditions. We decide delays, relocations, and cancellations for lightning, heat, air quality, frost, or unsafe conditions. Remedies follow our published refund policy.
- Photos and video. You choose separately whether we can feature your child in promotions. Group shots, third-party media, and tournament results can't be excluded.
- Checking the box is your signature. It is legally binding, and we keep a record of it.
PART B — PARTICIPATION AGREEMENT (FULL TEXT)
Waiver and Release of Liability, Assumption of Risk, Indemnification, Emergency Medical Authorization, Code of Conduct, and Media Consent
PLEASE READ CAREFULLY BEFORE COMPLETING REGISTRATION. THIS IS A LEGALLY BINDING CONTRACT. BY CHECKING THE ACCEPTANCE BOX AT CHECKOUT, YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS ON YOUR OWN BEHALF AND ON BEHALF OF THE PARTICIPANT(S) YOU REGISTER, INCLUDING THE RIGHT TO SUE FOR INJURIES CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT CHECK THE BOX AND DO NOT COMPLETE REGISTRATION.
1. PARTIES; DEFINITIONS
1.1 "Academy" means Jucchou Golf Academy, a program of Jucchou Corp., a California corporation, together with its parent, subsidiary, and affiliated entities and their successors and assigns.
1.2 "Released Parties" means, individually and collectively: (a) the Academy; (b) the Academy's owners, shareholders, members, managers, directors, officers, employees, coaches, instructors, trainers, staff, interns, volunteers, agents, and representatives, whether serving as employees or as independent contractors; (c) the owners, operators, lessees, licensees, and managers of any Facility, and their respective personnel (each, a "Host Facility"); (d) event sponsors, sanctioning bodies, league operators, and co-organizers; (e) any affiliated charitable foundation of the Academy, if and when formed, when offering or supporting Activities; and (f) the insurers, successors, and assigns of each of the foregoing.
1.3 "Participant" means each minor child or adult identified in the registration to which this Agreement relates.
1.4 "Parent/Guardian," "I," "me," or "my" means the individual completing this registration, who represents that he or she is the Participant's parent or legal guardian (or is an adult Participant registering for himself or herself).
1.5 "Activities" means all programs, services, and events offered, organized, hosted, sponsored, or supervised by the Academy, including without limitation group and private lessons, classes, clinics, camps, memberships, practices, evaluations, tryouts, fittings, tournaments, leagues and sanctioned play (including PGA Jr. League and similar programs), award ceremonies, charity and community events, and all related instruction, warm-up, practice, spectating, free time, and travel occurring in connection therewith.
1.6 "Facilities" means all premises at which Activities occur, including golf courses, country clubs, driving ranges, practice and short-game areas, putting greens, teaching studios, golf simulators and indoor training spaces, clubhouses, pro shops, parking areas, and adjacent grounds.
1.7 "Family Attendees" means the parents, guardians, family members, guests, spectators, and caddies attending or participating in connection with Participant.
1.8 "Claims" means claims, demands, liabilities, losses, damages, costs, and causes of action of every kind, whether arising in contract, tort (including negligence), statute, or otherwise, whether now existing or arising in the future.
1.9 "Agreement" means this Participation Agreement, identified by the Version and Effective Date above, including the elections and acknowledgments made at checkout.
2. EFFECTIVE DATE; TERM; UNIVERSAL SCOPE
This Agreement takes effect upon my electronic acceptance and applies to the Activity for which Participant is currently being registered and to all Activities in which Participant participates during the twelve (12) months following acceptance, unless superseded by a later signed agreement. The Academy may require an updated version, or supplemental terms, for particular programs. This Agreement is intended to be interpreted as broadly as applicable law permits.
3. CONSIDERATION; VOLUNTARY PARTICIPATION
In consideration of the Academy accepting Participant's registration and permitting Participant to take part in the Activities and to use related equipment and Facilities — consideration whose receipt and sufficiency I acknowledge — I agree, on my own behalf and on behalf of Participant, to every term of this Agreement. I acknowledge that participation is entirely voluntary and that the Academy would not permit participation without this Agreement.
4. ACKNOWLEDGMENT AND ASSUMPTION OF RISK
4.1 Inherent and Other Risks. Golf instruction, practice, and competition are physical activities conducted outdoors and indoors on premises with variable conditions. I understand that the risks of the Activities include, without limitation:
(a) Golf and course risks — being struck by golf balls (including errant shots), golf clubs (including practice swings), or other equipment; slips, trips, and falls on uneven terrain, wet grass, cart paths, stairs, bunkers, or near water hazards; injuries arising from the operation, use, or proximity of golf carts and other vehicles; collision or contact with other participants, spectators, staff, or fixed objects; and course conditions such as frost, aeration, standing water, and maintenance operations and chemicals.
(b) Range, practice-area, simulator, and indoor risks — balls ricocheting off mats, dividers, netting, screens, ceilings, or other structures; failure, gaps, or movement of netting and barriers; balls leaving designated hitting areas; shared short-game and putting areas where multiple players hit simultaneously; ball-dispensing machines and launch monitors; confined swing spaces; club release or breakage; hard indoor flooring; and simulator screens, projectors, and enclosed hitting bays.
(c) Environmental risks — weather-related hazards, including lightning, high winds, rain, frost, sun exposure, heat exhaustion, heat stroke, and dehydration; degraded air quality, including wildfire smoke; insect bites and stings, animal encounters, and contact with plants or chemicals used in course maintenance.
(d) Physical and health risks — muscle, joint, back, and other musculoskeletal injuries, including those caused by repetitive motion or training loads; injuries arising from Participant's own conduct, conditioning, or failure to follow instructions or safety rules; exposure to communicable diseases and illness transmitted in group settings.
(e) Third-party and travel risks — the hazards of travel to, from, and between Facilities, including vehicle travel described in Section 14; and the acts, omissions, negligence, or misconduct of other participants, Family Attendees, spectators, and third parties.
4.2 Severity. I understand these risks can result in property damage and in serious bodily injury, including permanent disability, paralysis, and death.
4.3 Assumption. I HAVE HAD THE OPPORTUNITY TO INSPECT, OR TO INQUIRE ABOUT, THE ACTIVITIES, EQUIPMENT, AND FACILITIES. ON MY OWN BEHALF AND ON BEHALF OF PARTICIPANT, I KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS OF THE ACTIVITIES, KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, WHETHER ARISING FROM THE INHERENT NATURE OF GOLF, THE CONDITION OF ANY PREMISES OR EQUIPMENT, OR THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
5. RELEASE OF LIABILITY; COVENANT NOT TO SUE
5.1 Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I, FOR MYSELF AND ON BEHALF OF PARTICIPANT AND OUR RESPECTIVE SPOUSES, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, FOREVER DISCHARGE, AND AGREE NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL CLAIMS — INCLUDING CLAIMS FOR BODILY INJURY, DEATH, EMOTIONAL DISTRESS, PROPERTY DAMAGE OR LOSS, AND LOSS OF CONSORTIUM OR SERVICES — ARISING OUT OF OR IN ANY WAY RELATED TO THE ACTIVITIES OR TO PARTICIPANT'S OR MY PRESENCE AT ANY FACILITY, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, OF ANY RELEASED PARTY, OR BY THE CONDITION OF ANY PREMISES OR EQUIPMENT.
5.2 Exclusions. Nothing in this Agreement releases, waives, or limits liability for gross negligence; willful, wanton, or reckless misconduct; intentional wrongdoing; fraud; or any other liability that cannot lawfully be released or limited, and this Agreement shall not be construed to do so.
5.3 Covenant Not to Sue. I covenant not to bring, join, maintain, or assist in any claim or proceeding against any Released Party based on any claim released in this Agreement. If a claim is brought in breach of this covenant, the affected Released Party shall be entitled to recover from the breaching party its reasonable attorneys' fees and costs incurred in defending that claim, in addition to any other available remedy.
5.4 Scope. This release is intended to be as broad and inclusive as applicable law permits and to benefit each Released Party fully and equally.
5.5 Waiver of Unknown Claims (Re-Enrollment). To the extent this Agreement releases Claims existing at the time of my acceptance (for example, upon re-enrollment following a prior program period), I expressly waive all rights and benefits under California Civil Code Section 1542, which provides: "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."
6. INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by law, I shall defend, indemnify, and hold harmless the Released Parties from and against any and all Claims and related expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Participant's or my acts, omissions, or violation of this Agreement or of Academy or Host Facility rules, or the acts or omissions of Family Attendees present in connection with Participant's Activities; (b) any Claim brought by or on behalf of Participant, or by any family member, heir, or representative of Participant or me, that has been released under this Agreement or that arises out of risks assumed under this Agreement; and (c) injury, death, or property damage caused by Participant or a Family Attendee to any third party. This Section does not require indemnification for any Released Party's own gross negligence, willful misconduct, or intentional wrongdoing, or in any circumstance where such indemnification is prohibited by law.
7. EMERGENCY MEDICAL AUTHORIZATION
7.1 Authorization to Treat. If Participant becomes ill or injured in connection with the Activities, I authorize the Academy and its staff to render or obtain emergency care, including first aid, CPR, and use of an automated external defibrillator, and to summon emergency medical services and authorize transportation to a medical facility. If I cannot be reached promptly, I authorize licensed physicians, emergency medical personnel, and other health care providers to examine, treat, and care for Participant, including administering anesthesia and performing procedures they deem necessary, and I consent to the exchange of Participant's relevant medical information with treating providers for that purpose.
7.2 Financial Responsibility. I am solely responsible for all costs of medical care, medication, and transportation. The Released Parties have no obligation to provide or pay for medical care or insurance and are not required to have medical personnel present at any Activity.
7.3 Health Disclosures; Fitness to Participate. I represent that Participant is physically able to participate and has no condition that would make participation unsafe, except as I have disclosed in writing at registration. I will keep the Academy's records of Participant's allergies, medications, and medical conditions accurate and current, and I have consulted, or have had the opportunity to consult, a physician regarding Participant's participation.
8. ILLNESS; COMMUNICABLE DISEASE; HEALTH SCREENING
8.1 Stay-Home Rule. Participant may not attend any Activity while experiencing symptoms of contagious illness, including fever within the preceding twenty-four (24) hours (without fever-reducing medication), vomiting, diarrhea, an undiagnosed rash, or any illness a health care provider or public-health authority has identified as communicable and exclusionary.
8.2 Screening and Exclusion. The Academy may, in its reasonable discretion, decline entry to, or send home, any Participant or Family Attendee who appears ill or symptomatic, and may condition return on symptom resolution or other reasonable criteria consistent with public-health guidance. I will arrange prompt pick-up of a Participant sent home.
8.3 No Refund for Illness Time. The Academy is not obligated to refund or credit fees for time missed due to illness or symptom-based exclusion, except as its published policies provide.
8.4 Assumption. I acknowledge that group activities involve exposure to communicable disease notwithstanding reasonable precautions, and such exposure is among the risks assumed and released under Sections 4 and 5.
9. INSURANCE
The Academy does not provide health, accident, or disability insurance for participants. I am responsible for maintaining insurance covering Participant. The releases, waivers, and assumptions of risk in this Agreement apply regardless of whether insurance exists or pays.
10. MINOR PARTICIPANTS; AUTHORITY; BINDING EFFECT
10.1 I represent and warrant that I am at least eighteen (18) years of age and that I am the parent or legal guardian of each minor Participant, with full legal authority to enter into this Agreement on the minor's behalf and to bind the minor to its terms to the maximum extent permitted by law.
10.2 This Agreement binds Participant and me and our respective heirs, next of kin, executors, administrators, legal representatives, successors, and assigns, and is intended to protect each Released Party from Claims by or on behalf of Participant to the fullest extent the law allows.
10.3 If any release or waiver in this Agreement is held unenforceable as to Participant because Participant is a minor, or if Participant disaffirms this Agreement, then (a) all provisions remain fully enforceable against me in my individual capacity, and (b) I will indemnify the Released Parties as provided in Section 6 with respect to any resulting Claim, to the fullest extent permitted by law.
10.4 If more than one Participant is registered, this Agreement applies separately to each Participant.
10.5 Adult Participants. If Participant is eighteen (18) years of age or older, Participant executes this Agreement personally, all references to "Parent/Guardian," "I," "me," and "my" apply to Participant, and provisions concerning parental authority apply only to the extent relevant.
11. CODE OF CONDUCT; REMOVAL WITHOUT REFUND
11.1 Who Is Covered. This Section applies to Participant, to me, and to all Family Attendees. I am responsible for informing my Family Attendees of these requirements and for their compliance.
11.2 Standards. Participant, I, and Family Attendees will: comply with all Academy rules and policies, Host Facility rules, posted signage, and the instructions of coaches, staff, and officials; demonstrate sportsmanship toward players, coaches, officials, staff, and other families; swing clubs and hit balls only in designated areas and only when safe; and observe range, bay, and simulator safety lines and one-hitter-per-station rules.
11.3 Prohibited Conduct. The following are prohibited at all Activities by anyone covered by this Section: bullying, hazing, harassment (including sexual harassment), discrimination, threats, intimidation, or violence; abusive, profane, or demeaning language or gestures directed at any minor, official, coach, staff member, or family; throwing or recklessly swinging clubs or striking balls toward people; interference with instruction or officiating, including sideline coaching contrary to program or tournament rules; possession or use of weapons; use of alcohol, cannabis, illegal drugs, or tobacco or vapor products at youth Activities; damage to Facility or Academy property; and any conduct that endangers safety or the integrity of competition. The Academy likewise prohibits such conduct by its own personnel and expects every adult present to help maintain a safe environment for minors.
11.4 Spectators and Caddies. Family Attendees must remain in designated spectator areas and follow event marshaling instructions. Where caddies are permitted, caddies must follow all applicable tour and tournament caddie rules, and caddie conduct may be attributed to Participant for penalty purposes under those rules.
11.5 Enforcement; Removal Without Refund. The Academy may warn, suspend, remove, or ban any Participant or Family Attendee from any Activity or Facility, and may suspend or terminate Participant's registration, for violation of this Section or of Academy or Host Facility policies, or where the Academy reasonably determines that safety or program integrity requires it. Removal, suspension, or termination for safety, conduct, or policy violations does not entitle Participant or me to any refund or credit, except as the Academy's published policies expressly provide or the Academy otherwise determines.
12. YOUTH PROTECTION; REPORTING; INTERIM MEASURES
12.1 Policies and Screening. The Academy maintains youth-safety policies addressing supervision, communication, and reporting, and conducts personnel screening — including background checks and mandated-reporter training for personnel covered by applicable California law governing youth service organizations — in accordance with applicable law.
12.2 Reporting. Anyone who observes or suspects abuse, harassment, or other misconduct involving a minor at or in connection with the Activities should promptly report it to the Academy at jeff@jucchougolf.com / (909) 569-9386 and, where appropriate, directly to law enforcement or child-protection authorities. Nothing in this Agreement limits, delays, or discourages any report to authorities, and nothing in it modifies any person's duties under mandated-reporting laws.
12.3 Interim Measures. The Academy may take interim protective measures pending review of a safety or misconduct concern — including suspension, no-contact directives, reassignment, or restriction of any Participant, Family Attendee, or personnel from Activities or Facilities — without such measures constituting a finding of wrongdoing. Interim measures based on alleged misconduct do not entitle the affected person to a refund except as the Academy determines or its published policies provide.
12.4 Good-Faith Actions. To the fullest extent permitted by law, no Released Party shall be liable for good-faith reports to authorities or for good-faith protective actions taken under this Section.
13. SUPERVISION; DROP-OFF AND PICK-UP
Academy supervision begins and ends at the scheduled start and end times of each Activity. I am responsible for Participant's timely drop-off and pick-up — including prompt pick-up when an Activity is stopped early for weather, air quality, illness, or safety — and for Participant's supervision at all other times, including before and after Activities and during unstructured time in areas open to the public.
14. TRANSPORTATION
14.1 Default. I am responsible for Participant's transportation to and from all Activities. The Academy does not provide regular transportation.
14.2 Incidental Transportation. For certain Activities (for example, on-course transfers, camps, or tournaments), transportation may occasionally be provided by Academy staff, coaches, volunteers, other parents, or third-party providers. I authorize Participant to be transported in such cases, I acknowledge the risks of vehicle travel are among the risks assumed under Section 4, and drivers and transportation arrangers acting in connection with the Activities are Released Parties under Section 5. Participants must wear seatbelts and follow driver instructions.
14.3 Limits. The Academy does not insure private vehicles and does not independently verify the licensing, insurance, or driving records of parent or volunteer drivers except as its policies provide. Third-party transportation providers (such as shuttle or charter services) are independent businesses, and the Academy is not responsible for their acts or omissions to the fullest extent permitted by law.
14.4 Opt-Out. I may withhold or revoke transportation consent prospectively by written notice to jeff@jucchougolf.com, in which case I will provide all of Participant's transportation, including during multi-site Activities.
15. EQUIPMENT; PERSONAL PROPERTY
15.1 Any equipment provided, loaned, or rented by the Academy or a Host Facility — including clubs, balls, mats, launch monitors, and simulator equipment — is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, all of which are disclaimed to the fullest extent permitted by law. Participant and I will inspect equipment before use, will immediately report any defect or concern, and will use equipment only as instructed.
15.2 The Released Parties are not responsible for loss of, theft of, or damage to personal property — including golf clubs, electronics, and vehicles and their contents — brought to or left at any Facility.
16. FACILITIES; RANGES; SIMULATORS; THIRD-PARTY PREMISES
Activities take place at Facilities — including golf courses, driving ranges, practice and short-game areas, and simulator and indoor training spaces — that the Academy does not own, operate, maintain, or control. The Academy is not responsible for the condition, design, maintenance, inspection, netting, barriers, staffing, or operation of any Host Facility. Each Host Facility, together with its owners, operators, and personnel, is a Released Party and an express intended third-party beneficiary of this Agreement, entitled to enforce it directly.
17. INSTRUCTORS; INDEPENDENT CONTRACTORS; COACHING JUDGMENT
17.1 Status. Coaches, instructors, and other personnel may provide services as employees, volunteers, or independent contractors. All such persons, in whatever capacity, are Released Parties and express intended third-party beneficiaries of this Agreement, entitled to enforce it directly. Nothing in this Agreement or in the conduct of the Activities creates an employment, agency, partnership, or joint-venture relationship between the Academy and any independent contractor, and, to the fullest extent permitted by law, the Academy is not responsible for the acts or omissions of independent contractors.
17.2 Coaching Judgment. Instruction methods, drills, training loads, swing and technique changes, practice structure, equipment and club recommendations, playing-time, grouping, pairing, division, and team-placement decisions, and similar matters are exercises of coaching and program judgment. Teaching styles vary among coaches, no particular method or outcome is promised, and such judgments are among the risks assumed under Section 4. Participant and I will promptly communicate any pain, discomfort, or concern with an instruction method so it can be addressed.
18. WEATHER; AIR QUALITY; PROGRAM CHANGES; LIMITATION OF REMEDIES
18.1 Safety Delays and Changes. The Academy may delay, shorten, interrupt, relocate, reschedule, modify, or cancel any Activity — and may substitute instructors, formats, or venues — due to lightning, storms, high winds, heat, degraded air quality (including wildfire smoke), frost, unsafe course or facility conditions, facility closures or availability, enrollment, public-health guidance, or other safety or operational considerations. Such decisions are made in the Academy's judgment, guided by its published safety practices, and conditions encountered before a stoppage is called are among the risks assumed under Section 4.
18.2 Exclusive Remedy. If the Academy cancels an Activity and does not reschedule it, my exclusive remedy is a refund or credit in accordance with the Academy's published refund policy. Delays, shortened sessions, venue or instructor substitutions, and weather-modified formats are not cancellations.
18.3 Limitation of Remedies. TO THE FULLEST EXTENT PERMITTED BY LAW — AND EXCLUDING CLAIMS FOR PERSONAL INJURY OR DEATH AND ANY LIABILITY THAT MAY NOT LAWFULLY BE LIMITED — (a) NO RELEASED PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING TRAVEL AND LODGING COSTS AND LOST OPPORTUNITIES; AND (b) THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS NOT RELEASED BY THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS I PAID TO THE ACADEMY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18.4 No Performance Guarantee. The Academy makes no representation or warranty regarding Participant's athletic development, performance, scores, rankings, awards, team or division placement, or scholarship, recruiting, or professional prospects.
19. PHOTOGRAPHY, VIDEO, AND MEDIA CONSENT
19.1 Incidental and Operational Capture. Activities occur in group and public settings. The Academy, Host Facilities, tournament organizers, sanctioning bodies, media, and other families routinely take photographs and video, events may be livestreamed, and security cameras may operate on premises. Participant may incidentally appear in group photographs, event footage, and similar materials, and such incidental appearance cannot always be avoided. I consent to (a) incidental capture of Participant and me in group and event media; (b) the Academy's operational, non-promotional use of media, such as swing-analysis and coaching video shared with Participant's family, internal training review, and recordkeeping; and (c) tournament administration, including publication of Participant's name, age group or division, affiliation or hometown, scores, standings, and pairings, which is part of competition and is not "promotional use" under Section 19.2. I acknowledge that neither Participant nor I have an expectation of privacy in the public and common areas where Activities occur.
19.2 Promotional Use — Your Separate Election. "Promotional use" means the Academy's use of Participant's identifiable name, image, likeness, voice, or performance in Academy marketing materials, such as the Academy's website, social media, brochures, advertisements, and sponsor communications. You will make a separate election at checkout:
(a) OPT IN. If you opt in, you grant the Academy and its designees a worldwide, royalty-free, sublicensable license (subject to Section 19.3) to record, use, reproduce, edit, publish, distribute, and display Participant's — and, where captured, your — name, image, likeness, voice, and performance in promotional materials in any media now known or later developed, without compensation, notice, or further approval. All such photographs and recordings, and all rights in them, are and remain the property of the Academy. You waive any right to inspect or approve finished materials, and you release the Released Parties from Claims arising out of authorized promotional use, including Claims for invasion of privacy, violation of the right of publicity, and misappropriation of name or likeness, including Claims based on editing, alteration, or use in composite form.
(b) OPT OUT. If you opt out, the Academy will use commercially reasonable efforts not to feature Participant identifiably in Academy-created promotional materials. Opting out does not apply to: incidental or operational capture under Section 19.1; media created or published by third parties, press, Host Facilities, sanctioning bodies, or other families; or tournament administration and results. The Academy is not responsible for photographs or recordings taken or published by persons other than the Academy.
19.3 Changing Your Election. You may change your promotional-use election prospectively by written notice to jeff@jucchougolf.com. A revocation applies only to materials created after the Academy receives and processes the notice; it does not require the Academy to recall, remove, or destroy materials already created, published, printed, or distributed, although the Academy will use commercially reasonable efforts to discontinue new uses of existing materials going forward.
20. PRIVACY; REGISTRATION INFORMATION; RECORD RETENTION; COMMUNICATIONS
20.1 Information Collected. Registration requires the Parent/Guardian's contact information; the Participant's name, date of birth, and program details; emergency contact information; and any health information you choose to disclose for safety purposes. Payment is processed by a third-party payment processor; the Academy does not store full payment card numbers.
20.2 Storage and Use. Registration information is stored in commercially reasonable, access-restricted systems and is used to administer programs, communicate with families, respond to emergencies, maintain records, and comply with law. Health information is shared only with staff who need it for safety purposes and with medical providers in an emergency. The Academy does not sell personal information. Limited information may be shared with service providers (such as registration, payment, scheduling, and communication platforms) that process it on the Academy's behalf, and with leagues and sanctioning bodies as needed to administer competitions (such as name, age group, division, and scores).
20.3 Children's Information. Registration information is collected from the Parent/Guardian, not directly from children.
20.4 Security. The Academy uses commercially reasonable safeguards but cannot guarantee the absolute security of information transmitted or stored electronically.
20.5 Record Retention. The Academy retains registration information, health disclosures, media elections, and acceptance records for as long as reasonably necessary for the purposes described in this Section and to establish, exercise, or defend legal claims — generally at least until two (2) years after Participant reaches the age of majority — after which records are deleted or de-identified in the ordinary course, except where longer retention is required by law.
20.6 Communications. I consent to receive transactional and administrative communications (such as schedules, weather and air-quality delays, safety notices, and billing matters) by email and, if I provide a mobile number, by text message; message and data rates may apply, and I may opt out of text messages at any time by replying STOP, understanding that opting out may affect the Academy's ability to send time-sensitive notices. Marketing communications are sent only with separate consent and may be declined at any time.
20.7 Privacy Policy. This Section summarizes, and is supplemented by, the Academy's Privacy Policy at https://jucchou.golf/privacy-policy, which is incorporated by reference.
21. ELECTRONIC SIGNATURE; CLICKWRAP ACCEPTANCE; ELECTRONIC RECORDS
21.1 Electronic Execution. This Agreement may be executed and delivered electronically. Checking the acceptance box presented at checkout, together with submitting this registration, constitutes my electronic signature and my agreement to be bound, with the same force and effect as a handwritten signature, pursuant to the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and California's Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.).
21.2 Presentation; Copies. This Agreement, identified by the Version and Effective Date above, was presented to me for review before acceptance, and a copy is available at https://jucchou.golf/participation-agreement and upon request.
21.3 Consent to Electronic Records. I consent to receive this Agreement and related records and communications electronically at the email address I provide. I may request a paper copy of this Agreement, and may withdraw my consent to electronic records for future transactions, by writing to jeff@jucchougolf.com and the Academy's current business mailing address on file; withdrawal does not affect the validity of this Agreement or of my electronic signature. To access electronic records, I need an internet-connected device, a current web browser, and an active email account, and I confirm that I have them.
21.4 Attribution; Records. I am responsible for the accuracy of the information I submit. The Academy may retain records of my acceptance — including date, time, agreement version, and associated account, network, or device information — and such records shall be admissible to the same extent as paper records.
22. GOVERNING LAW; VENUE
22.1 This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws principles.
22.2 Exclusive venue for any permitted action arising out of or relating to this Agreement or the Activities lies in the state or federal courts located in Los Angeles County, California, and I consent to personal jurisdiction and venue there.
23. SEVERABILITY; REFORMATION
If any provision of this Agreement, or its application to any person or circumstance, is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and, where necessary, shall be deemed modified or severed to the minimum extent required, and the remainder of this Agreement shall continue in full force and effect. The invalidity of any provision as to one Released Party or one Claim does not affect its validity as to any other Released Party or Claim.
24. GENERAL PROVISIONS
24.1 Entire Agreement. This Agreement, together with the registration details and the Academy's published rules and policies referenced herein, constitutes the entire agreement of the parties regarding its subject matter and supersedes all prior or contemporaneous understandings on that subject.
24.2 Amendment; No Waiver. This Agreement may be amended only in a writing signed (including electronically) by the Academy. No failure or delay in enforcing any provision operates as a waiver of it.
24.3 Assignment. The Academy may assign this Agreement to a successor of its business. I may not assign this Agreement.
24.4 Survival. Sections 4 through 12 and 14 through 23 survive completion of the Activities and any expiration or termination of this Agreement.
24.5 Headings; Construction. Headings and the Key Terms Summary are for convenience only; the full text of this Agreement controls. This Agreement shall be construed as jointly drafted and shall not be construed against either party as drafter.
25. PARENT/GUARDIAN ACKNOWLEDGMENT AND CERTIFICATION
I CERTIFY THAT: I HAVE READ THIS ENTIRE AGREEMENT AND UNDERSTAND ITS TERMS; I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS ON MY OWN BEHALF AND ON BEHALF OF PARTICIPANT, INCLUDING THE RIGHT TO RECOVER FOR INJURIES CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES; I HAVE HAD SUFFICIENT TIME AND OPPORTUNITY TO ASK QUESTIONS AND TO CONSULT AN ATTORNEY OF MY CHOOSING; I AM ACCEPTING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE, OR PROMISE NOT SET FORTH IN IT; AND I INTEND MY ACCEPTANCE TO OPERATE AS A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.
— End of Participation Agreement —
