LOSS/DESTRUCTION OF PERSONAL/CLUB PROPERTY, OR INSTANCES OF PERSONAL INJURY
- The Club shall not be responsible for any loss of or damage to any personal property brought to the Club facilities. Any such personal property which may have been left in or on the Club facilities for six months or more without payment or notice may be offered for public or private sale, or may be otherwise disposed of, and the proceeds, if any, may be retained by the Club.
- Any property or furniture belonging to the Club shall not be removed from the area in which it is placed, or from the Club’s premises, without proper written authorization. Each Member of the Club shall be liable for any property damage and/or personal injury at the Club caused by the Member, any guest or any family member.
- Any Member, family member, guest or other person who, in any manner, makes use of or accepts the use of any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the Club, including but not limited to the use of Club facilities, or who engages in any contest, fame, function, exercise, competition or other activity operated, organized, arranged or sponsored by the Club, either on or off the Club’s premises, shall do so at his or her own risk. The Member and his or her family members and guests shall hold Old Trail Swim Club, LLC, its affiliates, and their respective shareholders, partners, directors, officers, members, employees, representatives, agents, and the members of the Club’s committees (collectively the “Indemnified Parties”) harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by the individual, resulting there from and/or from any act of omission of any of the Indemnified Parties. Any Member shall have, owe, and perform the same obligation to the Club and its Directors, officers, employees, representatives and agents hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest or family member of the Member.
- Should any party bound by these Rules bring suit against any of the Indemnified Parties in connection with any event operated, organized, arranged or sponsored by the Club or on any other claim or matter in connection with membership in the Club, and fail to obtain judgment therein against any one or more of them, said party shall be liable to the prevailing Indemnified Parties for all costs and expenses incurred by them in the defense of such suit, including court costs and attorney’s fees and expenses through all appellate proceedings.