In and for consideration of POA agreement to allow Applicant to reserve and use the Village Green, the Applicant acknowledges and agrees:
1. During Applicant’s reservation and use of the above – described Village Green he or she shall obey all local, county, state and federal laws, rules and regulations as well as all applicable covenants, conditions, rules and regulations promulgated by POA. Applicant shall also ensure that all guests and invitees obey all applicable laws, covenants, conditions, rules and regulations while present at the event and while on association property.
2. Applicant shall be solely responsible for cleaning the Village Green immediately after the Event and returning the Village Green to the condition in which they existed prior to the Event. If the Applicant fails to properly clean the Village Green upon completion of the Event, the POA may clean the Village Green and all cleaning costs incurred by POA shall be reimbursed by Applicant.
3. Applicant shall be solely responsible for any damage to the Village Green caused by Applicant or Applicant’s guests or invitees’. Applicant shall promptly reimburse POA for the cost of any repairs which may become necessary as a result of Applicant or Applicant’s guests or invitees’ use of the Village Green.
4. To the fullest extent allowed by law, THE APPLICANT AGREES TO RELEASE FROM LIABILITY AND AGREES NOT TO SUE POA its officers, agents, employees, volunteers, successors and assigns, for any and all liability, loss, damage or any other claim whatsoever arising out of or relating to the use of any Village Green pursuant to the Village Green Use Agreement.
5. To the fullest extent allowed by law, THE APPLICANT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE POA, its officers, agents, employees, volunteers, successors and assigns, against any and all actions, claims, suits, damages, costs or expenses, including attorneys’ fees, of any kind whatsoever arising out of or related to the use of any Village Green pursuant to this Village Green Use Agreement sustained by any person, including but not limited to Applicant and Applicant’s guest, invitees and licensees.
6. In the event that either party must institute legal action to enforce the terms of this Village Green Use Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in such legal action.
7. If any portion of this Agreement is deemed unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be given full force and effect.
APPLICANT IS AWARE THAT THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY. Applicant has read and fully understands the terms of this agreement.