Elite Insurance Company

Definitions, Terms & Conditions

DEFINITIONS

“Insured” means any person, trust, partnership, limited liability partnership, joint venture, limited liability company, or an organization other than a partnership, limited liability partnership, joint venture, limited liability company, listed on the Declarations as the Named Insured

“Hole-in-One” means a shot that enters the golf hole from the tee with no intervening shots.

“Prize Restoration” means the amount of coverage provided after a Hole-in-One at a Designated Hole “Covered Tournament” means the golf tournament listed on the Declarations as the Covered Tournament

“Designated Hole(s)” means the golf hole(s) listed on the Declarations as the Designated Hole(s) for the Covered Tournament, which have a specific prize award for a Hole-in-One. “Participant” means an individual of whom is participating in a golf tournament. A Participant does not mean the:

1. The Named Insured
2. Employees of the golf course where the Covered Tournament is being held.
3. Members, personnel, agents and representatives of Elite Insurance Company or its affiliates, its advertising or promotion agencies
4. The suppliers of the insured prize, or suppliers of any equipment or services related to the Covered Tournament.

“Amateur Golfer” means an individual who plays golf as a non-remunerative and non-profit making sport. One of whom does not receive remuneration for teaching golf or for other activities because of golf skill or reputation.

“Professional Golfer” means an individual who earns financial rewards by teaching or playing golf.

“Witness / Hole Monitor” means a tournament non-Participant of whom is appointed by the insured to witness play at the Designated Hole. A Witness / Hole Monitor must be at least 18 years of age and of good moral character.

INSURING AGREEMENT

The Insurer will indemnify the Insured in an amount not exceeding the amount of insurance as stated in the Declarations, for the costs incurred in providing the insured prize value as stated on the issued policy, to the Participant who during the policy period makes the first Hole-in-One on the Designated Hole in the Covered Tournament as listed on the Declarations. Any second Hole-in-One made on the Designated Hole during the policy period, will be paid a secondary prize as listed on the Declarations, which is included in all issued policies with a maximum amount of $10,000. 100% Prize Restoration is available with a 10% surcharge added to the premium. When the 100% prize restoration option is purchased then all Participants who register at Hole-in-One in the Covered Tournament will be eligible to win the secondary prize amount with a maximum amount of $50,000 should there be a second Hole-in-One at the Designated Hole. Once the Hole-in-One prize and the prize restoration is claimed the policy then becomes fully earned

CONDITIONS

1. If any of the following terms & conditions have been breached either in whole or in part, the Insurer has the right to deny a claim and the Insured shall have no recourse against Elite Insurance Company and/or Orbit Insurance Services or any of their representatives.
2. The rates quoted are based on the Participant being an Amateur golfer, who is at least 18 years of age and who is an eligible Participant according to these rules. Each Participant must be playing in a minimum group of three Participants who are entered and playing in the Covered Tournament, on a regular golf course grass green for which this policy has been purchased. The total number of registered or playing Participants must be disclosed and listed on the Declarations. Failure to disclose the accurate number of registered or playing Participants will result in a denied claim and the insured will have no recourse against the Insurer.
3. Coverage must be bound prior to the effective date of the Covered Tournament. The Insurer must be notified in writing (fax or e-mail) a minimum of 24 hours prior to the Covered Tournament start time of any changes made to the policy. Failure to notify the Insurer in writing of any changes will result in a denied claim and the Insured shall have no recourse against the Insurer.
4. The following individuals are ineligible to qualify for or claim the contest prize: the Named Insured, employees of the golf course where the Covered Tournament is being held, members, personnel, agents and representatives of Elite Insurance Company or its affiliates (defined as all of the companies affiliated with AVIVA Canada Inc.), its advertising or promotion agencies, and the suppliers of the prize, equipment and services related to this contest. A Participant does not mean nor include a company, partnership, or other business.
5. The Covered Tournament must have a minimum of 24 registered Participants. A prize value of $5,000 is the maximum insured prize value for groups of forty (40) or less Participants.
6. 9 Hole Course – A Designated Hole may only be played once per day per Participant to qualify as a Designated Hole. In the case of a nine (9) hole golf course, the tee-off area must be moved to a position that is a minimum of ten (10) yards distance from the first round and any subsequent rounds played that day while maintaining the minimum distance to the flagstick described on the Declarations.
7. No green or Designated Hole may be specially prepared, altered or have a pin placement as to facilitate a Hole-in-One.
8. All equipment used in tournament play must conform to Royal Canadian Golf Association standards. Equipment includes, but is not limited to, golf club(s), golf balls, flagstick, and cup hole.
9. In a case where the grade of the land on the Designated Hole, from tee box to green, is significantly elevated and it radically increases the carry of the ball from the distance indicated on the official score card then the Insured must state the yardage of actual play. The premium rate of the actual play distance must be used. In the event it is determined that the incorrect yardage and premium rate have been chosen then the claim will be denied, and the Insured shall have no recourse against the Insurer or any of its representatives.
10. Only one original shot per Participant per Designated Hole can qualify to win a Hole-in-One prize. No mulligan or practice shots are allowed. In the event the group is a threesome and a selected player is shooting for their absent playing partner then that Participant’s first swing after arriving at the Designated Hole is valid to qualify for a Hole-in-One prize.
11. Minimum required yardage for female Participants is 130 yards when playing in mixed Covered Tournament play, if this minimum requirement cannot be met then all Participants in the Covered Tournament must tee off from the yardage specified on the issued policy.
12. Professional golfers or golf course professionals must play from a minimum of 175 yards from tee box to flagstick on the Designated Hole for prize values from $5,000 to $50,000, premiums will be surcharged accordingly.
13. The Insured is responsible for conveying to all Participants in the Covered Tournament, all the rules and regulations as set out in this declaration. The Insured must ensure that all details provided are accurate and complete. It is not the responsibility of the Insurer or its agents/brokers to verify the accuracy of the information provided by the Insured.
14. Elite Insurance will accept only one (1) policy per hole per day for the same hole in a Covered Tournament.

WITNESS/HOLE MONITOR requirements for Prize values:

1. $0.00 – $5,000.00 – Groups of twenty-four (24) to forty (40) Participants must have an independent / non-related person as their hole monitor. (Max. $5,000 prize value) – Groups of 41 and more Participants do not require a hole monitor. (Max. $5,000 prize value)
2. $5,000.01 – $50,000.00 – There must be a minimum of 41 Participants in the Covered Tournament. One (1) hole monitor is required and must be stationed adjacent to the green, where they can clearly see the ball go into the hole or at the tee box with full view of the Designated Hole. If located at the tee box and a Hole-in-One occurs the monitor must accompany the group of Participants to the green to witness the Hole-in-One prior to the ball being removed from the Designated Hole.
3. In all cases the ball may not be removed from the hole until all group players have arrived on the green to witness the Hole-in-One.
4. All monitors/witnesses will be appointed by the Insured and will be Covered Tournament non-Participants, at least 18 years of age and of good moral character.
5. The Sponsor(s), Insured, Participant(s) and Witness(es) and any affiliates shall indemnify Elite Insurance Company and Orbit Insurance Services or any of their representatives from all liability regarding the safety of all witnesses.

POSTPONEMENT/RAIN OUT/CANCELLATION/TERMINATION:

If the Insured is forced to postpone the Covered Tournament due to inclement weather or vandalism of the Golf Course as listed on the Declaration (a “Postponement”), the Insurer will amend the current Policy Period stated in the declarations to comply with the revised date on which the Covered Tournament will be held (the “Reschedule Date”), provided it is within the same calendar year of the original expiration date of this policy. The Insured must provide the Insurer with written notice (a phone call, voicemail or text message will not be deemed to be written notice) no later than two (2) business days from the original Covered Tournament date, containing the following information:

1. Postponement has occurred and the reason that caused the Postponement;
   1. That none of the Participants have made a Hole-in-One on the Designated Hole;
   2. That no more than ten (10) percent of the Participants had completed playing the Designated Hole, listed on the Declarations; and
   3. The Reschedule Date.
2. For a Postponement, as described in A., to apply:
   1. The scope of the rescheduled Covered Tournament may not be materially changed from the described coverage in the original application for Insurance, unless approved by the Insurer.
   2. The revised date(s) of the Covered Tournament given to the Insurer must be within the same calendar year of the original expiration date of this policy.
3. A full premium refund excluding any administrative fees, will be provided to the Insured if the Covered Tournament will not occur due to inclement weather or vandalism of the Golf Course and will not be rescheduled (an “Event Cancellation”) if the Insured confirms, in writing;
   1. An Event Cancellation has occurred and the reason that caused the Event Cancellation;
   2. none of the Participants have made a Hole-in-One at the Designated Hole;
   3. No more than ten (10) percent of the Participants have completed playing the Designated Hole, listed on the Declarations; and
   4. written confirmation from the golf course has been provided to the Insurer confirming the cancellation of the Covered Tournament in its entirety.
4. Failure to notify the Insurer of a Postponement or Event Cancellation, in writing, within two (2) days of the Covered Tournament date will negate any Reschedule Date or premium refund.
5. This contract can be cancelled or terminated by the Insured prior to the policy date by submitting notice in writing to the Insurer. The Insurer will refund to the Insured the premium in full. Any administrative fees will not be refunded. This contract may also be terminated by the Insurer in writing to the Insured, when policy premium has not been paid, or it is determined that there has been any fraud, collusion, dishonesty, or misrepresentation of facts.

CLAIMS:

To report a Hole-in-One claim, please send an email to hioclaims@orbit.ca.

INSURED REQUIREMENTS AFTER A HOLE-IN-ONE CLAIM

1. Notify the Insurer in writing within two (2) business days after the Covered Tournament, of the Hole-in-One, Failure to notify the Insurer in writing of a Hole-in-One within two (2) business days will result in a denied claim and the Insured will have no recourse against the Insurer.
2. Certification of the achievement of a Hole-in-One by a Participant in a Covered Tournament, must be made on the actual score card by the Participant, their playing partners and the hole monitor(s) or witness(es). The original score card must be submitted to the Insurer within seven (7) business days of the date the Hole-in-One occurred.
3. Elite Insurance Hole-in-One Claims & Release forms must be used and accurately completed by all persons required by this policy declaration and received by Orbit Insurance Services within seven (7) business days of the Hole-in-One in order to receive the insured prize. Names, addresses and phone numbers must be filled in on the claim forms provided. Failure to provide all required information will delay claim processing and could result in a denied claim.
4. If the insured value as stated on the declarations is for a specific price such as a car, boat, travel voucher, etc. the insured must verify with the insurer that the insured prize value as stated on the policy has been or will be presented to the Participant who during the policy period makes the first Hole-in-One on the Designated Hole in the Covered Tournament. Once this has been verified the payment can be made to the named insured for the prize value stated on the issued policy.
5. A signed authorization will be required from the Named Insured for direct cash payment to the winner of the designated prize value.

Upon receipt of all the above information, Elite Insurance Company will supply the claimant with an affidavit and claim form. This must be completed fully and returned to Elite Insurance within five (5) business days. Failure to provide a completed and signed claim affidavit within the specified time will result in the claim being denied.

In the event of a Hole-in-One, the Insurer has the right to deny the claim, and the Insured shall have no recourse against the Insurer, if is discovered that:

1. The Designated Hole is not played at the distance stated on this policy.
2. The Hole-in-One is achieved on a hole other than that stated as the Designated Hole number on the policy.
3. More Participants are registered or playing in the Covered Tournament than the number of Participants stated on this policy.

The Insurer shall have the right and opportunity to make an investigation as it shall deem necessary of any claim and the Insured shall cooperate with the Insurer and shall make available to the Insurer at all reasonable times, its books and records pertaining to said claims. If the Insurer is forced to defend any action brought against it by the Insured as a result of a denial of a claim made against this policy declaration, then the Insured shall agree to pay any and all legal costs incurred by the Insurer in defending this action if it is ruled that the Insurer is not liable. Any action brought against the Insurer by the Insured shall be done in the jurisdiction designated by the Insurer only.

This policy does not apply to any claim arising out of fraud, collusion, dishonesty, or misrepresentation involving, but not limited to, the named insured, winner of the insured prize, the witness/hole monitor, Covered Tournament organizer or golf course representative. Failure to comply with all Terms & Conditions will result in a claim being denied.