Applicant shall be responsible for Applicant’s conduct and the conduct of Applicant’s Immediate Family, Extended Family and Guests when using the Resort Amenities and shall be directly and fully responsible to Owner for all personal injuries, property damage and/or theft that are caused by or to Applicant and/or Applicant’s Immediate Family, Extended Family and Guests. Owner shall not be responsible or liable for any personal injuries, property damage and/or theft caused by Applicant and/or any of Applicant’s Immediate Family, Extended Family and/or Guests, and/or caused to Applicant and/or any of Applicant’s Immediate Family, Extended Family and/or Guests (collectively, “Injuries/Damages Applicant hereby agrees to indemnify, defend and hold harmless the Club and Owner (and Owner’s parent, subsidiaries, members, manager and affiliates), and any management firm retained to operate and manage the Resort Amenities or any portion thereof, and each of their respective members, managers, directors, officers, partners, shareholders, employees, agents, attorneys, successors and assigns, at all levels, from and against any and all liabilities, costs (including reasonable attorney’s fees and costs), judgments and damages, arising out of and/or related to any and all claims, demands and causes of action incident to or in connection with any such Injuries/Damages. Applicant hereby voluntarily assumes all risks of injury, accident or damage to Applicant’s person or property, and the person or property of Applicant’s Immediate Family, Extended Family and Guests, arising out of or relating to the use or occupancy of the Resort Amenities by Applicant and Applicant’s Immediate Family, Extended Family and Guests and/or participating in any event or activity. Without limiting the foregoing, Owner shall not be responsible or liable for any property damage, personal injury and/or theft caused by any person or entity. Applicant further agrees to be responsible and liable for all property damage, personal injury and/or theft which Applicant causes or which is caused by Applicant’s Immediate Family, Extended Family or Guests. Additionally, in the event Applicant or the Immediate Family, Extended Family or Guests of Applicant arranges or sponsors any activity or function at the Resort Amenities, Applicant shall be responsible for all damage or injury arising therefrom or related thereto, even if such damage or injury was not caused, directly or indirectly, by Applicant or by Applicant’s Immediate Family, Extended Family or Guests. Without limiting the foregoing, the cost of repairing any such damage shall be charged to Applicant’s account.
ASSUMPTION OF RISK; RELEASE: APPLICANT AND APPLICANT’S IMMEDIATE FAMILY, EXTENDED FAMILY AND GUESTS SHALL USE THE RESORT AMENITIES AT THEIR OWN RISK. APPLICANT ACKNOWLEDGES THAT THE GAME OF GOLF AND THE USE OF THE OTHER RESORT AMENITIES CAN BE A DANGEROUS ACTIVITY AND INJURIES MAY RESULT THEREFROM, INCLUDING, WITHOUT LIMITATION, THE RISK OF OPERATING A GOLF CART, BEING STRUCK BY GOLF BALLS AND GOLF CLUBS, SWIMMING, PLAYING TENNIS, USING FACILITIES IN AND IN CLOSE PROXIMITY TO WATER, WILDLIFE, EXERCISING AND USING EXERCISE EQUIPMENT, ADVERSE WEATHER CONDITIONS INCLUDING LIGHTNING, EARTHQUAKE, DAMAGE TO OR DESTRUCTION OF THE RESORT AMENITIES, AND/OR FROM PARTICIPATING IN EVENTS AND OTHER ACTIVITIES HELD FROM TIME TO TIME EITHER ON OR OFF THE RESORT AMENITIES, AND OTHER ACTIVITIES INCIDENTAL TO USE OF THE RESORT AMENITIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLICANT HEREBY ASSUMES ALL SUCH RISKS ON BEHALF OF APPLICANT AND APPLICANT’S IMMEDIATE FAMILY, EXTENDED FAMILY AND GUESTS AND HEREBY FURTHER WAIVES AND RELEASES, ON BEHALF OF APPLICANT AND APPLICANT’S IMMEDIATE FAMILY, EXTENDED FAMILY AND GUESTS, ANY CLAIMS, DEMANDS OR CAUSES OF ACTION WHICH ANY OF THEM MAY HAVE AGAINST OWNER (INCLUDING OWNER’S PARENT, SUBSIDIARIES, MEMBERS, MANAGER AND AFFILIATES), AND/OR ANY MANAGEMENT FIRM RETAINED TO MANAGE AND OPERATE THE RESORT AMENITIES OR ANY PORTION THEREOF, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, MANAGERS,