As an initial Lot Owner at Lanikeha, you may be given
the opportunity to participate in the Lanikeha Owners Program. The three-component
program, as currently offered, will provide participating Lot Owners,
upon payment of applicable fees, with access to certain facilities,
on a year-to-year basis, depending on which of the following components
are selected: (a) Spa Component at the Spa Moana at the Hyatt Regency
Maui; (b) Golf Component at the Kaanapali Golf Courses; and (c) Cultural
Component at the Maui Arts & Cultural Center. The components are
described below.
Lanikeha Owners who elect to participate in the Lanikeha Owners Program
will be responsible for abiding by the rules of the provider (which
rules are subject to change) and for payment of all charges and fees
related to use of the relevant services and facilities; provided, however,
that South Course Development, LLC (“SCD”) will pay the
initial annual fee for any component that an Owner decides to participate
in. The Lanikeha Owners Program is subject to eligibility requirements
and other rules and regulations as outlined in the application form
for each component.
It is important to note that third-party vendors, not SCD, are responsible
for providing the components of the Lanikeha Owners Program and the
terms, conditions and rules under which it is provided. Those terms,
conditions and rules may limit the ability of participants to use the
components as and/or when they may desire. Other than paying the initial
annual fee for participants, SCD shall have no obligations with respect
to the Lanikeha Owners Program and participants shall hold SCD harmless
from any claims relating to the services provided by the vendors of
the Lanikeha Owners Program. |
