Club at The Del Club at The Del | Page 17

ACKNOWLEDGMENT OF MEMBERSHIP RIGHTS Classic Membership permits the Classic Member to use the Club Facilities, in accordance with the terms of the Bylaws and the Rules and Regulations as the same may be modified or amended from time to time, but does not grant to the Classic Member any legal or equitable right, title or interest in or easement to use the Club Facilities or facilities of the Resort. Membership in Club at The Del is not a security or investment in the Club or the Company or their affiliates and does not provide the Classic Member with an equity or ownership interest or any other property right, title or interest in the Company, their affiliates, the Resort or Club Facilities. A Classic Member only acquires a revocable license to use Club Facilities, in accordance with the terms and conditions of this Classic Membership Plan and the Rules and Regulations, and the Candidate Application and Agreement, as the same may be amended from time to time. All rights and privileges of members under this Membership Plan, the Rules and Regulations and this Application, are subordinate to the lien of any deed of trust encumbering the Club Facilities from time to time. The Club reserves the right, in its sole discretion, to terminate or modify the terms and provisions of the Membership Plan and the Rules and Regulations, to reserve memberships, to discontinue operation of any or all of the Club Facilities or other facilities of the Resort, to terminate, modify or issue any type, category or class of membership, to recall any member at any time for any or no reason whatsoever, to convert Club at The Del into a membership-owned club, and make any other changes in the terms and conditions of membership or Club Facilities or other facilities of the Resort available for use by Classic Members. Each of the Owner and the Operator reserve the rights to sell, assign, convey, transfer or otherwise dispose of any or all of their right, title and interest in the Resort to any party or parties. Upon any such sale, assignment, conveyance, transfer or other disposition in the Resort, the Owner and Operator shall be relieved of and released from any and all obligations hereunder and under the Membership Plan and the Rules and Regulations then in effect. The undersigned specifically understand that the subject membership is not divisible. The undersigned hereby acknowledge that the use of Club Facilities and any privilege or service incident to membership is undertaken with knowledge of risk of possible injury. The undersigned hereby accept any and all risk of injury to him or herself, his or her guests and family sustained while using Club Facilities or while involved in any event or activity incident to membership in the Club. The undersigned agree to release and indemnify, the Company, any manager of the Club Facilities, their affiliates, their successors and assigns and their respective directors, officers, partners, members, shareholders, employees, representatives and agents in accordance with the provisions of the Rules and Regulations of Club at The Del. The undersigned agree the terms and conditions of the undersigned’s’ membership may not be added to, amended, or contradicted in any way by evidence of prior, contemporaneous, or subsequent oral agreements of any kind and acknowledge there are no unwritten oral agreements of any kind. By signing below, if more than one person, the undersigned hereby certify that the undersigned hold a marriage license, or a certificate of domestic partnership or civil union, which evidences our existing spousal relationship. If the undersigned do not hold one of the above, the undersigned acknowledge that Club at The Del requires execution of a separate Spousal Relationship Statement, and that admission to membership is conditioned upon receipt of the Spousal Relationship Statement. The undersigned hereby authorize the disclosure and release of information to the Club for investigating the undersigned’s’ qualifications for membership, including without limitation, the undersigned’s’ credit history and law enforcement records. The undersigned further authorize any person or entity to furnish to the Club the information requested by the Club, and the undersigned agree to release the Club and to hold the Club harmless for any and all such acts. Club at The Del is hereby authorized to make whatever inquiries the Club considers necessary and appropriate to verify this information, including checking with consumer reporting agencies, creditors and employers. The undersigned understand that any documents or other information submitted in support of this Candidate Application become the property of Club at The Del and will be kept by the Club whether or not this Candidate Application is approved. The undersigned understand that the Club may receive information about the undersigned from others, and it may furnish information about its credit experience with the undersigned to others seeking the information. The undersigned intend that this Candidate Application be relied upon for the purpose of requesting credit from the Club.