[Bucco]

Originally Posted by buggyone

"In consideration of being permitted to participate in recreational activities or events (the Activity or Activities) sponsored, promoted, held, or conducted by the Activity Sponsor (as defined herein), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin, DO HEREBY:"

To me this sounds as though you automatically "signed" the document IF you have participated in any of the recreational activities or events - and it does not matter whether or not you have put your John Hancock on the dotted line.

The Developer is no fool and has taken certain precautions to protect himself and the corporations from lawsuit happy residents.

I am sure if a resident said that they will not sign the document until they have it looked over by an attorney - they would not be told not to participate in any activites but would be told they are already a de facto participant to the document.

I think this is spot on and offer this....

"A waiver/release agreement has two primary protective purposes: 1) "Contractual Exculpation" which uses contract law principles (waiver/release is a contract) to excuse a sports organization for its simple negligence and 2) provides "real evidence" of the sports organization's warning of inherent and other risks thereby triggering the common law Assumption Of Risk (AOR) defense under tort law."


"The second protective purpose of a waiver/release is to trigger the Assumption Of Risk Defense under tort law – in other words – to provide evidence that the sports organization gave adequate warnings of the risks so that an argument can be made that the participant assumed those risks."

Are Waiver Release Agreements Worth Paper They Are Written On?

A smart and common usage of waivers !