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Old 04-07-2013, 11:00 PM
LBBLLB LBBLLB is offline
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Default Recreation Release Agreement

Village residents participating in recreational activities are often given release agreements to sign. Most residents sign these without reading them. As an Attorney I am appalled at what residents are being asked to sign and the suggestion from the villages administration that you are required to sign. For example suppose you are attending one of the many exercise activities . You are told to sign "so you dont sue us if you are injured". What you are actually signing is much more comprehensive than you are being told. The release covers all of the village activities not just the exercise activity that you are participating in. If you are injured as a result of someones negligence you are waiving your right to recover medical expenses that you may incur and the right to sue fordamages. Suppose for example you are playing golf on one of the executive golf courses in the villages and a maintenance vehicle runs into you through no fault of your own. The release agreement that you signed at the exercise activity would prevent you from recovering damages arising from the golf course incident. Another example would be if you were injured at a recreation centre because an improperly installed light fixture or chandelier fell on you. You could incur large medical bills yet the release agreement you signed at the exercise activity would prevent you from recovering your costs.
Village residents pay an amenity fee to cover the cost of the activities that they participate in. The payment of this money gives residents the right to participate in recreational activities. The florida statute regulating community development districts (Florida statute #190-043) gives the right to persons to sue the development districts for damages caused by negligence . This is a constitutional right and the Florida statute does not appear to give the development districts the right to require a liability release fom residents in these districts. I would recommend residents not to sign these release agreements. I hae not signed and have not been prevented from participating in activities.