Behind the Rock Tour, LLC
DISCLAIMER, WAIVER, RELEASE, AND TERMS OF PLAY
AGREEMENT
By Player (“Agreement”)
DISCLAIMER, WAIVER, AND RELEASE SECTION:
As a condition of registering as a player and/or member (“player/member” or “player”) of the Behind the Rock Tour, LLC (BTR) and being granted the right to play in the BTR tournament competition and receive services from BTR, I hereby acknowledge and agree to the release of BTR according to the following terms:
- I acknowledge that BTR is licensed to conduct business in the United States of America, State of Washington.
- I understand that BTR does not allow gambling through its online competitions or through the services it provides to its players/members. However, I further understand that because the laws and regulations of each foreign country vary regarding gaming activities and gambling, BTR encourages any and all players/members to investigate the legality of participating in BTR’s online competitions, and their receipt of BTR’s services before participating in the competitions and services provided by BTR.
- I acknowledge that BTR does not represent or warrant that the tournament competition and services it provides to its players/members online is allowed under the laws or regulations governing any foreign country in which the player/member resides or engages in the online competition and services provided by BTR.
- I acknowledge that foreign countries may involve differing customs and legal requirements as those applicable in the United States of America, and the State of Washington.
- I acknowledge that by engaging and participating in BTR’s tournament competition and services I am assuming full responsibility and liability for my participation in such competition and receipt of services from BTR whether or not such competition and services are allowed under the laws or regulations governing the foreign country in which I reside or engage in the online competition and services provided by BTR.
- I understand that the social, cultural, political, religious, governmental, legal (both civil and criminal) and other systems of foreign countries may be different, in subtle and/or significant ways, from those in the United States. For example, participating in BTR’s competitions and receipt of its services may be considered normal or acceptable in the United States but may be illegal or socially or culturally unacceptable or offensive outside the United States and may result in penalty, fines or imprisonment.
- I understand that BTR is not responsible for ensuring that my participation in BTR’s online competitions and my receipt of BTR’s services is acceptable socially, culturally, politically, religiously, governmentally or legally (both civil and criminal) in any foreign country that I may be in when I participate in BTR’s online competitions and receive BTR’s services, and I voluntarily agree to assume any and all risks, whether civil or criminal, with respect to my involvement in BTR’s online competitions and my receipt of BTR’s services.
- I also acknowledge that my participation is optional and that my participation would not have been permitted without this waiver and release.
- To the maximum extent permitted by law, I release BTR, its members, officers, managers, employees, representatives or agents in their official and individual capacities (collectively, “BTR”) from, and agree not to sue BTR for, any and all claims and causes of action for loss of or damage to property, bodily or personal injury, loss of companionship or support, or death sustained by me or third parties arising out of engaging in any of BTR’s online competitions or my receipt of BTR’s services.
- I agree to defend, indemnify and hold harmless BTR for any and all losses, expenses, claims, judgments and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, my acts, words, conduct, etc., in connection with my involvement in BTR’s online competitions or my receipt of BTR’s services including, but not limited to, damage to property, and any injuries or death sustained by any person(s) as a result of my actions or inactivity.
- I further understand that nothing stated herein shall relieve me from my obligation to uphold and comply with all laws, rules and regulations that any foreign country may impose upon me when participating in BTR’s online competitions or my receipt of BTR’s services in any particular foreign country.
- I consent to public use and publish, use and release of any photos, videos or any other media of myself submitted by myself and/or collected by BTR to BTR. All media collect by BTR during, before and after a match is solely owned by BTR with all publishing and republish rights. I release and verify all copy rights of any images, videos or other media submitted by myself full use in any promotional media, website use or any other means by BTR.
- This Waiver is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Any provisions found to be void or unenforceable shall not affect the validity or enforceability of any other provisions.
TERMS OF PLAY SECTION:
As a further condition of registering as a player/member of BTR and being granted the right to play in the BTR tournament competition and receive services from BTR, I hereby acknowledge and agree to play in the BTR tournament competition and receive services from BTR as follows:
- I agree to participate in events I am qualified, by skill level, to play in. I understand that all tournaments are time sensitive and run for a pre-determined length of time.
- I understand that, based on my assessment of my own skill level, I can choose to participate in a certain division. However, I further understand that BTR, at its sole discretion, can place players in certain divisions based on its assessment of the player’s skill level, and, at its sole discretion, determine handicaps for such players and as set forth below. I understand that I can play up in a higher skilled division or in a tournament where all divisions are combined, and the handicaps are used to determine winners.
- I understand that events are pre-scheduled. The length of an event may vary from: weekly, bi-weekly, tri-annually, daily or a specific number of days. Players can view the scheduled events by using the Events Tab and then click on Schedule. Players may choose to play different games in different weeks (or the same week) and different formats, which may include: singles, scotch doubles, partners or team events.
- I understand that to register for an event registration it entails selecting: the event #, the game, the division (the player must meet criteria), and the format. Payouts are based on the player’s performance compared to the performance of other players. Handicapped divisions prize payouts are as follows: Players play their match according to game rules. At the conclusion of their match the player will have a match score. The match score is then added to the player’s handicap for a Final Score (“FS”).
- I understand that players are ranked in the event by their division by their FS. Payouts are based on the number of entries in each event/each division/each game and each format.
- I understand that BTR manages special events from time to time that will combine divisions. This may include one, two, three or four divisions or may include all divisions and have their own terms and conditions.
- I understand that it is required for players that reside in the United States of America, who choose to participate in any tournaments or events or in the referral/commission program, to accept checks mailed directly to the players at the address provided in their profile on the BTR website
- I understand that memberships will be renewed annually, or monthly based on type of membership, at the rate of their membership or subscription and qualified division to the debit/credit card used to purchase the membership. BTR will collect a player’s full name, address, city, state, zip, phone number and email
- I understand BTR pays prize payouts with a check mailed directly to the address in the player profile. At the time of first payout, it is required for all players in the United States of America to provide BTR with their personal information required to provide such player with a payment. .
- I understand players/members will have online access to their earnings. Earnings can be found on their personal statistics page or in the tournament results page.
- The cost of the purchase of the reloadable card is included in the original player/membership fee. The reloadable card company attaches a monthly fee of $1.95 per month, but may differ as the terms of the credit card company terms change, per card once the owner of the card activates their account. The player agrees with these fees and to the Terms and Conditions of the reloadable card company agreement associated with their BTR reloadable card. The reloadable card company will mail the terms and conditions to players at the same time the member receives their reloadable card.
- I hereby give BTR permission to share my personal information to third party VISA/Mastercard Credit Card company, bank, PayPal or any other source of payment for the purpose of sending payments owed to me.
- 29. I understand that it is my sole responsibility to update my personal contact information with BTR. In the event a payment is made and my information is incorrect, I understand that I will incur a fee associated with the reissue of the funds.
- I understand that online reports will be available to access information regarding the earnings I have earned. Reports are found in the player’s member profile page. I understand commissions and referral earnings will be issued once a month with a minimum of $20.00. Commissions under $20 will not be paid until the $20 minimum has been reached.
- I understand that if I am an international player/member, I will be paid through wire transfers. All prize distributions will be subject to third-party fees and international exchange rates and fees. These fees, rates and charges will be deducted from my earnings at the time of the wire transfers.
- I understand that if I am an international player/member, prize winnings are held on the members account until $100 has been earned. At that time, I understand that I may opt to receive my winnings or request that BTR hold the funds until further notice. I understand that I may request at any time, including prior to $100 on account, to have funds wire transferred or other means set by the country by the terms of BTR..
- I understand that if I am an international player/member, I am required to provide routing number and checking number in which the funds will be transferred to. I also agree to BTR sharing my bank routing number, checking number, address, city, state to the third-party wire transfer company. All international players/members that earn commissions and referrals are required to enroll in the international wire transfer program. Third-party fees, rates and international exchange rate fees will apply to all payments and will be paid from the earnings on account. I agree to be bound by the terms and conditions of any third-party wire transfer company used by BTR.
- I understand that if I am an international player/member it is my sole responsibility to update my personal contact information, bank account, and routing numbers with BTR. In the event a wire transfer is made and the member’s information in their profile is incorrect, there is no recourse for the funds and the funds will not be reissued.
- I understand that any legal dispute arising out of the terms of this Agreement or my participation as a player/member of BTR shall be resolved in Pierce County Superior Court, State of Washington or such other forum as may be agreed to between the parties. I agree that the laws of the State of Washington or, where applicable, the laws of the United States of America shall apply to this Agreement and my participation as a player/member of BTR.
- This Agreement may be executed in counterparts, including facsimile and electronic signature, and all such counterparts shall constitute one agreement, binding upon the player/member hereto or it may be executed, solely by electronic signature.
- I understand that BTR has the sole right to modify the terms and conditions of this Agreement upon thirty (30) days notice delivered electronically to the players/members or, at BTR’s sole discretion, immediately cease providing any tournaments or services to the players/members of BTR.
- I represent that my agreement to the provisions herein is wholly voluntary, and further understand that, prior to signing this Agreement, I have the right to consult with the adviser, counselor or attorney of my choice.
I have read this document and I understand its content. I understand that by executing this Agreement, I have given up substantial rights