Albany Resort Personal Care Form
In consideration of being permitted to enter the Albany Resort (the “Resort”) comprising of the master planned luxury mixed use resort community in The Bahamas for any purpose, including, but not limited to the observation, use of services, facilities or amenities (including the golf course, golf practice facilities, equestrian center, beach club, water park, fitness center, swimming pools, spa, children’s clubhouse, family restaurant, tennis and paddle tennis facilities, the golf clubhouse and such other property as may be included or designated by the Resort or any of its affiliates from time to time) or participation in any events, activities or the like, the undersigned hereby acknowledges, agrees and enters into this Release and Waiver of Liability and Indemnity Agreement (the “Agreement”):
1. The undersigned’s entry in the Resort for observation, participation or use of any services, facilities or amenities, or participation in any events, activities or the like constitutes an acknowledgment that such premises, facilities and amenities have been inspected and that the undersigned finds and accepts the same as being safe and reasonably suited for the purposes of such observation, use or participation.
2. The undersigned hereby assumes full responsibility for any risk of bodily injury, death or property damage due to the acts and/or omissions of the undersigned, the members of any club that is a part of the Resort, guests and/or invitees while in, about or upon the Resort premises, while using the Resort premises or any services, facilities or amenities thereat, or while participating in any event, activity or the like sponsored by or occurring upon the Resort premises. THE RESORT IS A DANGEROUS ENVIRONMENT, WITH MANY MAN-MADE AND NATURAL BODIES OF WATER, AND ALL USE, INCLUDING POOLS, WATER PARKS, OCEAN AND MARINA, IS AT THE USER’S OWN RISK AT ALL TIMES.
3. The undersigned hereby releases, waives and discharges Park Ridge Securities Corp., its subsidiaries, any manager of the Resort or any portion thereof, their respective affiliates, their respective successors and assigns, and their respective shareholders, partners, directors, officers, agents and employees (hereinafter collectively referred to as “Releasees”) from all liability to the undersigned for any loss or damage, and any claim or demands therefore on account of injury to person or property or resulting in death of the undersigned, as a result of the acts and/or omissions of the undersigned, the members of any club that is part of the Resort, guests and/or invitees, while the undersigned is in, upon, or about the Resort premises, while using the Resort premises or any services, facilities or amenities or participating in any event, activity or the like sponsored by or occurring upon the Resort premises and covenants not to sue any Releasee in connection with such loss or damage.
4. The undersigned hereby agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage or cost they may incur due to the act or omission of the undersigned or any guests or invitees of the undersigned while on the Resort premises.
5. The undersigned further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of The Bahamas and that if any portion hereof is held invalid, it is agreed that the remaining provisions shall continue in full legal force and effect.
6. The undersigned has read and voluntarily signs this Agreement, and further agrees that no verbal representations, statements or inducement apart from the foregoing written agreement have been made. If the undersigned is a member of either the Albany Golf & Beach Club or the Albany Yacht Club, in the event of any inconsistency between the terms hereof and the terms of membership documents for such clubs, the terms of this Agreement shall prevail.
7. For persons under 18 years of age, a parent or legal guardian agrees to the following statement:I, the undersigned natural and/or legal guardian of any minor accompanying me to the Resort, hereby acknowledge that I have executed this Release and Indemnity Agreement (the “Agreement”) for and on behalf of the minor. As the natural and/or legal guardian of such minor, I hereby bind myself, the minor and our executors administrators, heirs, next of kin, and assigns to the terms of this Agreement. I represent that I have the legal capacity and authority to act for and on behalf of the minor, and I agree to indemnify and hold harmless the Releasees for any claims made or liabilities assessed against any of them as a result of any insufficiency of my legal capacity or authority to act for and on behalf of the minor in the execution of this Agreement. I hereby authorize any licensed physician, emergency medical technician, hospital or other medical or health care facility (“Medical Provider”) to treat the minor or perform all procedures deemed medically advisable for the purpose of attempting to treat or relieve any injuries received by minor arising out of or relating to use of any facilities, services or amenities at the Resort or participating in any activity or event sponsored by the Resort or any Releasee either on or off the Resort premises. I consent to the administration of anesthesia as deemed advisable during the course of such treatment. I realize and appreciate that there is a possibility of complications and unforeseen consequences in any medical treatment, and I assume any such risk for and on behalf of myself and the minor. I acknowledge that no warranty is being made as to the result of any medical treatment.