EXPRESS WAIVER and INDEMNITY AGREEMENT
1. As further consideration for the privilege of parking/operating a motor-powered golf cart on the premises known as the Lake Almanor Country Club. the undersigned admits and declares that he/she is well aware that there is no protection offered or provided by the LACC or anyone else for said vehicles, against theft, vandalism, unauthorized use, fire, windstorm, or any other catastrophe, and that he/she completely assumes any risks to which said cart may be liable.
2. The undersigned further assumes the risks of property damage, liability to the vehicle and its contents, and bodily injuries to drivers and passengers and property while the same is being operated on said premises and waives any claim for damages thereto against the persons named hereinafter.
3. In light of the foregoing, and as additional consideration for the privileges enumerated above, i.e., parking and/or use on the premises, the undersigned hereby accepts full responsibility for any such catastrophe that may occur and will hold harmless from all damage, bodily injury, liability, or cost of any kind in the event of any such catastrophe, the following; The Director of Golf, the Pro-Shop Manager, the Golf Professional, the Greens Superintendent, the Lake Almanor Country Club, Lake Almanor Maintenance and Roads Department, its Officers, Directors, Committeepersons, and Employees, and hereby agrees to indemnify any of said persons and said Corporation for any loss, damage, court costs, attorney fees and expenses they may incur in the event I, or anyone in my behalf, may bring suit against any or all of them for damages, bodily injury, or any other cause of action growing out of the storage or use and operation of said cart, as aforesaid.
4. The undersigned also agrees to hold the Lake Almanor Country Club harmless and indemnify said Club, its Directors, Officers, The Director of Golf, the Pro-Shop Manager, the Golf Professional, the Greens Superintendent, the Lake Almanor Country Club, Lake Almanor Maintenance and Roads Department, its Committeepersons, and Employees, for and against, all loss, expense, damage, bodily injuries, court costs, attorneys fees, in the event he/she is sued, or suit is brought by anyone for damages to their personal property or bodily injury caused or claimed to be caused by the operation of said golf cart
5. The undersigned also agrees that said vehicle will not be rented to anyone for use on said golf course, directly, or as a part of the rental of his real property.
6. The undersigned agrees that only he/she, his/her spouse, or members of his/her household may use and operate said golf cart on said golf course for the daily or seasonal fee charged by said Golf Course.
7. The undersigned further agrees that if said golf cart is loaned to another person for use on said Golf Course, he/she hereby accepts full responsibility as outlined in Paragraph 3, AND THAT THE PERSON WHO USES SAID GOLF CART ON SAID PREMISES WILL PAY THE LAKE ALMANOR COUNTRY CLUB PRO SHOP $6.00 FOR 9 HOLES AND $10.00 FOR 18 HOLES (OR THE CURRENT MEMBER TRAIL FEE THEN IN EFFECT)...
8. The undersigned further agrees to abide by Section 3.2.6.2 of the LACC Members Handbook, “Golf Carts must be owned by and registered to a LACC member.”
9. The undersigned further agrees to abide by Section 3.2.6.7 of the LACC Members Handbook, “Golf Carts must be operated by a person having a valid, state-issued driver’s license which must be carried by the person driving the golf cart.”
10. The undersigned further agrees to abide by Section 3.2.6.9 of the LACC Members Handbook, “In addition to all other requirements, all golf carts operated within LACC are subject to the same CVC traffic laws as those enforced for passenger cars and trucks. This includes, but is not limited to, speed limits, stop signs, reckless driving, etc. Violations will be stringently enforced and may involve fines and loss of use privilege.”
11. The undersigned further agrees to abide by Section 3.2.6.10 of the LACC Members Handbook, “Member-owner of golf cart is responsible that their family members, guests, tenants and invitees operate said golf cart in a safe and respectful manner in compliance with all laws and rules.”
12. The undersigned further agrees to abide by Section 3.2.6.12 of the LACC Members Handbook, “In addition to fines addressed in the fine schedule, all violations of rules in this section will accrue to the member-owner of the vehicle involved in the violation, regardless of the violating operator. Second offenses will result in a 30-day suspension of use privileges; a third offense will result in the revocation of use privileges for one year and any additional offense will result in a permanent loss of use privilege.”
13. The undersigned further agrees to abide to the entirety of Section 3.2.6 Golf Carts.
14. Upon presentation of proof of insurance, LACC Security personnel will affix an identifying sticker to the golf cart.
15. This agreement and waiver shall be binding on the spouse, heirs, successors, administrators, and assigns of the undersigned cart / vehicle owner.