BIRD FEST III:

Questions with respect to the rules of golf, local rules and BIRD FEST rules, and scoring will be settled by a Cape Cod Golf Guys representative presiding over the event, whose decision will be final.

Space for each local event is limited, and entries will be accepted on a “first come-first served” basis. Registration fees are non-refundable, non-transferable, and all sales are final. Your registration is a license to attend a specific event and such license can be revoked at any time if any of these Terms & Conditions or any host golf course code of conduct are violated by Participant.

Cape Cod Golf Guys will make best efforts to play the event on the scheduled date. If the host course, or Cape Cod Golf Guys, in its sole discretion, needs to cancel play due to inclement weather, the event may be canceled or rescheduled for a rain date.

Cape Cod Golf Guys shall not be responsible for any incidental costs (travel, lodging) occurring as a result of inclement weather.

Cape Cod Golf Guys shall not be responsible for any refunds or incidental costs (travel, lodging) occurring as a result of players not showing up for the event.

Except where prohibited, an entrant’s participation in BIRD FEST constitutes consent to the worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by Cape Cod Golf Guys for promotional purposes, including without limitation, inclusion on the BIRD FEST website, or other Cape Cod Golf Guys websites or apps, in its e-mail communications and any other media chosen by Cape Cod Golf Guys without compensation.

(A) PARTICIPANT AGREES THAT THEIR REGISTRATION, ATTENDANCE, AND PARTICIPATION IS AT PARTICIPANT’S SOLE RISK. NEITHER CAPE COD GOLF GUYS, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SPONSORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BIRD FEST. BIRD FEST, AND ANY PRODUCTS AND/OR SERVICES PROVIDED THEREWITH ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(B) NEITHER CAPE COD GOLF GUYS, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION RELATING TO THE BIRDFEST, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE REGISTRATION, ATTENDANCE, AND/OR PARTICIPATION IN THE BIRDFEST, INCLUDING WITHOUT LIMITATION ANY TRAVEL RELATED THERETO, OR AS A RESULT OF ANY PRIZE, OR ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE.

(C) PARTICIPANT AGREES THAT NEITHER CAPE COD GOLF GUYS, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SPONSORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER PARTICIPANTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH PARTICIPANT.