Applicant, on behalf of self and the golf cart or off-road vehicle owner, hereby irrevocably releases, discharges, and agrees to indemnify, defend, and hold harmless the Town, its officers, employees, representatives, agents, boards, departments, related municipal corporations, assigns, and/or any person, firm, or corporation identified in interest therewith, whether individually or jointly (collectively, the “Town Group”), from and against any and all claims, liabilities, fees, fines, penalties, damages, punitive damages, liens, costs, expenses, lost wages or benefits, and attorneys’ fees (including paralegal fees), and any amounts paid in good faith arising from any threatened or pending claim, demand, action, suit, settlement, or judgment, whether any such amount is known or unknown, and whether past, present, or future, arising out of or resulting from the permitted use of a golf cart and/or off-road vehicle and/or the application process therefor; provided however, that this indemnification does not apply to the extent of any act or omission of a respective Town Group member amounting to willful misconduct or gross negligence.
