View Full Version : Residents required to sign waiver absolving Villages of responsibility for injury!
jump4
12-04-2021, 08:28 PM
The new Villages online registration system (Online Services (https://anc.apm.activecommunities.com/districtgov/home)) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?
“I have read and agree to 2021 UNCONDITIONAL AND FULL GENERAL RELEASE.
Waiver
UNCONDITIONAL AND FULL
GENERAL RELEASE
In consideration of being permitted to participate in activities and events (each, an "Activity" and collectively, the "Activities") sponsored, promoted, held, or conducted by or on property owned by Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District, any of Village Community Development District Nos. 1 - 13, Holding Company of The Villages, Inc., The Villages of Lake-Sumter, Inc., The Villages Land Company, LLC, The Villages Operating Company, North Sumter County Utility Development District, and the State of Florida Sports Foundation, (collectively, the "Parties"), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin HEREBY:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the Parties and any sponsor, advertiser, and promoter of any Activities, or events of such entities (collectively, District Activity or Activities), and any owner or lessee of the premises where the District Activity, or volunteer RLG meetings, events, or other volunteer RLG activities (collectively, volunteer RLG Activity or Activities) are held or conducted, and each of them their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively, with the Parties, the "Released Parties") of all liability to me or my executors, administrators, personal representatives, assigns, heirs, and next of kin, for any and all loss or damage, and all claims or demands therefore, on account of injury to my person or property or resulting in my death, arising out of or in any way connected with my participation, involvement, or presence at any Activity suffered before, during or after any Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or other individual or entity. This Release shall apply to all future participation in the Activities and remain in force and effective until specifically revoked in writing.
2. INDEMNIFY Released Parties from and against any loss, liability, damage or cost that I or any of my guests may incur due to participation or involvement in or presence at any Activity, whether caused by negligence, action or inaction of Released Parties or other individual or entity.
3. ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, AND PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at any Activity suffered before, during or after such Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or otherwise. I understand my participation and involvement in or at any Activity carries the risk of injury, death, and property damage, and I accept and assume that risk fully, freely and voluntarily. The Released Parties have made no representations or inducements regarding the safety of persons or property at or in connection with the Activities.
4. AGREE the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by Florida law, and that if any portion is held invalid for any reason, the balance should continue in full legal force and effect.
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
6. IRREVOCABLY GRANT to Released Parties the right and permission to use pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property (collectively, the "Images") and any statements, quotes, recordings or testimonials made by me (collectively, the "Testimonials"); to copyright the Images and Testimonials in Released Parties' own name or in any name Released Parties may choose; to use, re-use, publish, display or reproduce the Images and Testimonials in any medium and for any commercial purpose whatsoever, ; to use my name in connection with the use of any such Images or Testimonials. I waive any rights to inspect or approve the Images or the Testimonials. I release and forever discharge the Released Parties from any and all claims and demands arising out of or in connection with the use of the Images and the Testimonials. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Released Parties are the sole and absolute owners thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images and Testimonials.
7. AGREE to abide at all times to the following Code of Conduct at any Activity: "The use of obscenity, profanity or vulgarity in any conversations involving participants will not be tolerated. It is everyone's responsibility to maintain a safe, pleasant and comfortable atmosphere. Every individual who participates has the right to be treated with respect. No one should be disparaged or criticized in front of participants, teammates, guests, or spectators. Please bring your complaints or concerns to a recreation department representative. The representative may investigate and address any concerns. I agree my participation or involvement in or presence at any Activity is a privilege rather than a right, and Released Parties reserve the right within their sole discretion to revoke my or my guest's activity privileges for violations of the Code of Conduct."
I HAVE READ THE FOREGOING AGREEMENT AND THE CODE OF CONDUCT IN ITS ENTIRETY, AND I HEREBY FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, INTENDING TO BE BOUND THEREBY. I AGREE THAT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SHALL REMAIN IN EFFECT AS TO EACH RELEASED PARTY UNTIL RELEASED IN WRITING BY THE RELEASED PARTY.
Participant/Releasor Signature:”
Bjeanj
12-04-2021, 08:36 PM
I don’t agree with your outrage. Most, if not all of the activities here are out of TV’s control. There are relative safety precautions in place, such as at the archery range. We’re all adults here. I’m also thinking this is the normal hold harmless anywhere.
tophcfa
12-04-2021, 09:28 PM
Unfortunately, there are people out there that look for, or worse yet create, reasons to go after anyone with deep pockets. Who can blame one for protecting themselves from these types of gold digging lawsuits.
CWGUY
12-04-2021, 09:29 PM
:ohdear: Waiver is not new.....OP is. :duck:
Garywt
12-04-2021, 11:23 PM
Anything and everything has some type of waiver or release or whatnot. For me it comes down to do you want to do it or not. I rarely read anything and generally sign everything. If you don’t agree and sign then you can’t go, participate, get or whatever the item is. Where it a mortgage, a loan, a campsite, boat dock, online purchase or activity you either sign or go home, your choice. I use to laugh when working, I would offer someone a 1/2 million dollars for a job and they would make changes to the terms and conditions so I then could not give them the money. It was sign or walk away.
retiredguy123
12-05-2021, 02:56 AM
In my experience, that form has always been available in the rec centers, and a new one is printed every year. But, there is no requirement to sign it to participate in the activities. If it is a "requirement", the enforcement is extremely weak or non-existent. But, I have never used the online registration system for activities.
Luggage
12-05-2021, 06:24 AM
Generally whether you sign this or not Lawyers , courts, find these broad forms to be unenforceable
NotGolfer
12-05-2021, 06:48 AM
As another stated here....waiver not new and don't worry about it.
Dgodin
12-05-2021, 06:49 AM
We've signed these waivers before but they were on paper. Required annually and distributed through volunteer activity coordinators (volleyball pickleball, beach tennis, etc).
I recently signed a waiver in Albuquerque, NM to go to an indoor play area with the grandkids.
Pretty standard.
34gunner
12-05-2021, 06:49 AM
You don't have to agree. In fact you don't have to live here.
Babubhat
12-05-2021, 06:54 AM
Florida precedent case .
Theis v. J & J RACING PROMOTIONS, 571 So. 2d 92 – CourtListener.com (https://www.courtlistener.com/opinion/1599686/theis-v-j-j-racing-promotions/)
While exculpatory clauses are not looked upon with favor, they are valid and enforceable when clear and unequivocal. Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equipment Co., 374 So. 2d 487 (Fla. 1979); University Plaza Shopping Center, Inc. v. Stewart, 272 So. 2d 507 (Fla. 1973); L. Luria & Son, Inc. v. Alarmtec International Corp., 384 So. 2d 947 (Fla. 4th DCA 1980); Middleton v. Lomaskin, 266 So. 2d 678 (Fla. 3d DCA 1972).
The release and waiver signed by the decedent clearly excused appellees from liability for acts or omissions resulting from their own negligence "or otherwise." Since the term "negligence" as used in the release is not limited, it must be construed as intended to encompass all forms of negligence, simple or gross. A release using similar language has been held to exculpate from gross negligence, with only intentional torts not being held subject to such an exculpatory clause. L. Luria & Son, Inc. v. Honeywell, Inc., 460 So. 2d 521 (Fla. 4th DCA 1984).
The summary judgment is affirmed.
LEHAN and THREADGILL, JJ., concur.
thevillages2013
12-05-2021, 07:20 AM
I sign one very similar to that annually when I renew my membership at TV fitness centers
Petersweeney
12-05-2021, 07:33 AM
Read the back of a Disney ticket….these waivers are against “public policy” and unenforceable….otherwise owners wouldn’t provide a safe environment for the public….
ThirdOfFive
12-05-2021, 07:37 AM
I don't share the outrage. The litigiousness of our society is totally out of bounds as it is.
paulajr
12-05-2021, 07:41 AM
Been done as long as we’ve lived here…no big deal.
dewilson58
12-05-2021, 07:45 AM
Everyone must sign one to come into my house.
:cryin2:
linurban
12-05-2021, 07:52 AM
The new Villages online registration system (Online Services (https://anc.apm.activecommunities.com/districtgov/home)) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?
“I have read and agree to 2021 UNCONDITIONAL AND FULL GENERAL RELEASE.
Waiver
UNCONDITIONAL AND FULL
GENERAL RELEASE
In consideration of being permitted to participate in activities and events (each, an "Activity" and collectively, the "Activities") sponsored, promoted, held, or conducted by or on property owned by Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District, any of Village Community Development District Nos. 1 - 13, Holding Company of The Villages, Inc., The Villages of Lake-Sumter, Inc., The Villages Land Company, LLC, The Villages Operating Company, North Sumter County Utility Development District, and the State of Florida Sports Foundation, (collectively, the "Parties"), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin HEREBY:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the Parties and any sponsor, advertiser, and promoter of any Activities, or events of such entities (collectively, District Activity or Activities), and any owner or lessee of the premises where the District Activity, or volunteer RLG meetings, events, or other volunteer RLG activities (collectively, volunteer RLG Activity or Activities) are held or conducted, and each of them their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively, with the Parties, the "Released Parties") of all liability to me or my executors, administrators, personal representatives, assigns, heirs, and next of kin, for any and all loss or damage, and all claims or demands therefore, on account of injury to my person or property or resulting in my death, arising out of or in any way connected with my participation, involvement, or presence at any Activity suffered before, during or after any Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or other individual or entity. This Release shall apply to all future participation in the Activities and remain in force and effective until specifically revoked in writing.
2. INDEMNIFY Released Parties from and against any loss, liability, damage or cost that I or any of my guests may incur due to participation or involvement in or presence at any Activity, whether caused by negligence, action or inaction of Released Parties or other individual or entity.
3. ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, AND PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at any Activity suffered before, during or after such Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or otherwise. I understand my participation and involvement in or at any Activity carries the risk of injury, death, and property damage, and I accept and assume that risk fully, freely and voluntarily. The Released Parties have made no representations or inducements regarding the safety of persons or property at or in connection with the Activities.
4. AGREE the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by Florida law, and that if any portion is held invalid for any reason, the balance should continue in full legal force and effect.
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
6. IRREVOCABLY GRANT to Released Parties the right and permission to use pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property (collectively, the "Images") and any statements, quotes, recordings or testimonials made by me (collectively, the "Testimonials"); to copyright the Images and Testimonials in Released Parties' own name or in any name Released Parties may choose; to use, re-use, publish, display or reproduce the Images and Testimonials in any medium and for any commercial purpose whatsoever, ; to use my name in connection with the use of any such Images or Testimonials. I waive any rights to inspect or approve the Images or the Testimonials. I release and forever discharge the Released Parties from any and all claims and demands arising out of or in connection with the use of the Images and the Testimonials. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Released Parties are the sole and absolute owners thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images and Testimonials.
7. AGREE to abide at all times to the following Code of Conduct at any Activity: "The use of obscenity, profanity or vulgarity in any conversations involving participants will not be tolerated. It is everyone's responsibility to maintain a safe, pleasant and comfortable atmosphere. Every individual who participates has the right to be treated with respect. No one should be disparaged or criticized in front of participants, teammates, guests, or spectators. Please bring your complaints or concerns to a recreation department representative. The representative may investigate and address any concerns. I agree my participation or involvement in or presence at any Activity is a privilege rather than a right, and Released Parties reserve the right within their sole discretion to revoke my or my guest's activity privileges for violations of the Code of Conduct."
I HAVE READ THE FOREGOING AGREEMENT AND THE CODE OF CONDUCT IN ITS ENTIRETY, AND I HEREBY FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, INTENDING TO BE BOUND THEREBY. I AGREE THAT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SHALL REMAIN IN EFFECT AS TO EACH RELEASED PARTY UNTIL RELEASED IN WRITING BY THE RELEASED PARTY.
Participant/Releasor Signature:”
They have always required a waiver signed once a year for Villages activities.
airstreamingypsy
12-05-2021, 07:54 AM
You don't have to agree. In fact you don't have to live here.
Too bad you do junior member.
jrandall
12-05-2021, 08:00 AM
The new Villages online registration system (Online Services (https://anc.apm.activecommunities.com/districtgov/home)) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?
“I have read and agree to 2021 UNCONDITIONAL AND FULL GENERAL RELEASE.
Waiver
UNCONDITIONAL AND FULL
GENERAL RELEASE
In consideration of being permitted to participate in activities and events (each, an "Activity" and collectively, the "Activities") sponsored, promoted, held, or conducted by or on property owned by Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District, any of Village Community Development District Nos. 1 - 13, Holding Company of The Villages, Inc., The Villages of Lake-Sumter, Inc., The Villages Land Company, LLC, The Villages Operating Company, North Sumter County Utility Development District, and the State of Florida Sports Foundation, (collectively, the "Parties"), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin HEREBY:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the Parties and any sponsor, advertiser, and promoter of any Activities, or events of such entities (collectively, District Activity or Activities), and any owner or lessee of the premises where the District Activity, or volunteer RLG meetings, events, or other volunteer RLG activities (collectively, volunteer RLG Activity or Activities) are held or conducted, and each of them their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively, with the Parties, the "Released Parties") of all liability to me or my executors, administrators, personal representatives, assigns, heirs, and next of kin, for any and all loss or damage, and all claims or demands therefore, on account of injury to my person or property or resulting in my death, arising out of or in any way connected with my participation, involvement, or presence at any Activity suffered before, during or after any Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or other individual or entity. This Release shall apply to all future participation in the Activities and remain in force and effective until specifically revoked in writing.
2. INDEMNIFY Released Parties from and against any loss, liability, damage or cost that I or any of my guests may incur due to participation or involvement in or presence at any Activity, whether caused by negligence, action or inaction of Released Parties or other individual or entity.
3. ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, AND PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at any Activity suffered before, during or after such Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or otherwise. I understand my participation and involvement in or at any Activity carries the risk of injury, death, and property damage, and I accept and assume that risk fully, freely and voluntarily. The Released Parties have made no representations or inducements regarding the safety of persons or property at or in connection with the Activities.
4. AGREE the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by Florida law, and that if any portion is held invalid for any reason, the balance should continue in full legal force and effect.
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
6. IRREVOCABLY GRANT to Released Parties the right and permission to use pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property (collectively, the "Images") and any statements, quotes, recordings or testimonials made by me (collectively, the "Testimonials"); to copyright the Images and Testimonials in Released Parties' own name or in any name Released Parties may choose; to use, re-use, publish, display or reproduce the Images and Testimonials in any medium and for any commercial purpose whatsoever, ; to use my name in connection with the use of any such Images or Testimonials. I waive any rights to inspect or approve the Images or the Testimonials. I release and forever discharge the Released Parties from any and all claims and demands arising out of or in connection with the use of the Images and the Testimonials. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Released Parties are the sole and absolute owners thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images and Testimonials.
7. AGREE to abide at all times to the following Code of Conduct at any Activity: "The use of obscenity, profanity or vulgarity in any conversations involving participants will not be tolerated. It is everyone's responsibility to maintain a safe, pleasant and comfortable atmosphere. Every individual who participates has the right to be treated with respect. No one should be disparaged or criticized in front of participants, teammates, guests, or spectators. Please bring your complaints or concerns to a recreation department representative. The representative may investigate and address any concerns. I agree my participation or involvement in or presence at any Activity is a privilege rather than a right, and Released Parties reserve the right within their sole discretion to revoke my or my guest's activity privileges for violations of the Code of Conduct."
I HAVE READ THE FOREGOING AGREEMENT AND THE CODE OF CONDUCT IN ITS ENTIRETY, AND I HEREBY FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, INTENDING TO BE BOUND THEREBY. I AGREE THAT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SHALL REMAIN IN EFFECT AS TO EACH RELEASED PARTY UNTIL RELEASED IN WRITING BY THE RELEASED PARTY.
Participant/Releasor Signature:”
This waiver is not new. The Villages has had residents that use these facilities sign a written waiver once per year.
Goinghiway
12-05-2021, 08:19 AM
Touche’
MrFlorida
12-05-2021, 09:08 AM
Not new, sign it and enjoy the amenities.
coconutmama
12-05-2021, 09:23 AM
Dentist and doctors use a similar disclaimer form. Nothing new.
Ski Bum
12-05-2021, 09:46 AM
Yep, try buying a ski lift ticket... same waiver. They are everywhere. "willful negligence" is a different thing. Willful Negligence legal definition: Willful negligence is defined as conduct that deliberately disregards the health, safety and welfare of another person.
retiredguy123
12-05-2021, 10:02 AM
Dentist and doctors use a similar disclaimer form. Nothing new.
Florida law requires malpractice lawsuits to go through arbitration that is non-binding on the patient. Some doctors require that you sign an agreement to make the arbitration binding on the patient. Several court cases have ruled that these agreements are unenforceable because they are an attempt to circumvent the Florda law.
Topspinmo
12-05-2021, 10:07 AM
Everyone must sign one to come into my house.
:cryin2:
Everyone must sign mine who drives by my property, let along step on it.
Rodneysblue
12-05-2021, 10:25 AM
So, take your ball and go home and play with it by yourself. 🤣
Rodneysblue
12-05-2021, 10:26 AM
Everyone must sign mine who drives by my property, let along step on it.
🤣🤣🤣🤣
bobnyce
12-05-2021, 10:32 AM
You don't have to agree. In fact you don't have to live here.
I don't know about other activities but you cannot be evaluated to play softball (men's or ladies) unless you have a valid Villages ID or valid renter's ID and supporting driver's license to prove your age. In addition, you must sign the waiver form or you will not be able to get evaluated - period! PS: a guest ID is not legitimate for softball, no matter what the sales department says!
I am the lead volunteer for softball evaluations. So, if you get past me - good luck!
bobnyce
12-05-2021, 10:35 AM
You don't have to agree. In fact you don't have to live here.
I don't know about other activities but you cannot be evaluated to play softball (men's or ladies) unless you have a valid Villages ID or valid renter's ID and supporting driver's license to prove your age. In addition, you must sign the waiver form or you will not be able to get evaluated - period! PS: a guest ID is not legitimate for softball, no matter what the sales department says!
I am the lead volunteer for softball evaluations.
Michael G.
12-05-2021, 10:42 AM
I use to laugh when working, I would offer someone a 1/2 million dollars for a job and they would make changes to the terms and conditions so I then could not give them the money. It was sign or walk away.
Welcome to 2021.
Sometimes people forget who's doing the hiring
EdFNJ
12-05-2021, 11:06 AM
What's funny about all these "trollish" or "clickbait" type of topics is that they always seem to come in bunches and the thread starter never comes back after dropping their bomb. First of the month, time to get the advertising rate stats up. Even funnier is that mods delete any comment suggesting such a thing could be actually happening. Last time the OP logged in was the same time the topic was posted.
Speedie
12-05-2021, 11:09 AM
No requirement to sign it. Just refuse to participate in the activity. Your choice
Mac1996
12-05-2021, 11:16 AM
People always want somebody else to protect them from themselves. It’s not the villages responsibility to protect you from your own stupid actions.
Rainger99
12-05-2021, 11:44 AM
This is an article from an attorney in Miami.
Can You Still Sue If You Signed a Liability Waiver in Florida? - Jaime Suarez (https://www.jaime-suarez.com/can-still-sue-signed-liability-waiver-florida/)
joelfmi
12-05-2021, 11:49 AM
Don't sign until anything you get your lawyers OK
HORNET
12-05-2021, 01:19 PM
Most activities are taught by volunteers, so sign up sheets need to be signed. If it becomes a problem, then these activities will be closed down. If you don’t like the system then don’t participate. I like the system, don’t stir the water. There are some that are always looking to sue!
Cherstubbs
12-05-2021, 03:23 PM
The new Villages online registration system (Online Services (https://anc.apm.activecommunities.com/districtgov/home)) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?
“I have read and agree to 2021 UNCONDITIONAL AND FULL GENERAL RELEASE.
Waiver
UNCONDITIONAL AND FULL
GENERAL RELEASE
In consideration of being permitted to participate in activities and events (each, an "Activity" and collectively, the "Activities") sponsored, promoted, held, or conducted by or on property owned by Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District, any of Village Community Development District Nos. 1 - 13, Holding Company of The Villages, Inc., The Villages of Lake-Sumter, Inc., The Villages Land Company, LLC, The Villages Operating Company, North Sumter County Utility Development District, and the State of Florida Sports Foundation, (collectively, the "Parties"), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin HEREBY:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the Parties and any sponsor, advertiser, and promoter of any Activities, or events of such entities (collectively, District Activity or Activities), and any owner or lessee of the premises where the District Activity, or volunteer RLG meetings, events, or other volunteer RLG activities (collectively, volunteer RLG Activity or Activities) are held or conducted, and each of them their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively, with the Parties, the "Released Parties") of all liability to me or my executors, administrators, personal representatives, assigns, heirs, and next of kin, for any and all loss or damage, and all claims or demands therefore, on account of injury to my person or property or resulting in my death, arising out of or in any way connected with my participation, involvement, or presence at any Activity suffered before, during or after any Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or other individual or entity. This Release shall apply to all future participation in the Activities and remain in force and effective until specifically revoked in writing.
2. INDEMNIFY Released Parties from and against any loss, liability, damage or cost that I or any of my guests may incur due to participation or involvement in or presence at any Activity, whether caused by negligence, action or inaction of Released Parties or other individual or entity.
3. ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, AND PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at any Activity suffered before, during or after such Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or otherwise. I understand my participation and involvement in or at any Activity carries the risk of injury, death, and property damage, and I accept and assume that risk fully, freely and voluntarily. The Released Parties have made no representations or inducements regarding the safety of persons or property at or in connection with the Activities.
4. AGREE the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by Florida law, and that if any portion is held invalid for any reason, the balance should continue in full legal force and effect.
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
6. IRREVOCABLY GRANT to Released Parties the right and permission to use pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property (collectively, the "Images") and any statements, quotes, recordings or testimonials made by me (collectively, the "Testimonials"); to copyright the Images and Testimonials in Released Parties' own name or in any name Released Parties may choose; to use, re-use, publish, display or reproduce the Images and Testimonials in any medium and for any commercial purpose whatsoever, ; to use my name in connection with the use of any such Images or Testimonials. I waive any rights to inspect or approve the Images or the Testimonials. I release and forever discharge the Released Parties from any and all claims and demands arising out of or in connection with the use of the Images and the Testimonials. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Released Parties are the sole and absolute owners thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images and Testimonials.
7. AGREE to abide at all times to the following Code of Conduct at any Activity: "The use of obscenity, profanity or vulgarity in any conversations involving participants will not be tolerated. It is everyone's responsibility to maintain a safe, pleasant and comfortable atmosphere. Every individual who participates has the right to be treated with respect. No one should be disparaged or criticized in front of participants, teammates, guests, or spectators. Please bring your complaints or concerns to a recreation department representative. The representative may investigate and address any concerns. I agree my participation or involvement in or presence at any Activity is a privilege rather than a right, and Released Parties reserve the right within their sole discretion to revoke my or my guest's activity privileges for violations of the Code of Conduct."
I HAVE READ THE FOREGOING AGREEMENT AND THE CODE OF CONDUCT IN ITS ENTIRETY, AND I HEREBY FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, INTENDING TO BE BOUND THEREBY. I AGREE THAT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SHALL REMAIN IN EFFECT AS TO EACH RELEASED PARTY UNTIL RELEASED IN WRITING BY THE RELEASED PARTY.
Participant/Releasor Signature:”
This waiver has been in place forever. Rec Centers would have members of groups/residents sign one each year. Not a manageable process to use any longer so I’m fairly certain this has shifted to an on-line effort. Just my thoughts …
PugMom
12-05-2021, 03:40 PM
Everyone must sign mine who drives by my property, let along step on it.
but YOUR lawn is my dogs' fave place to poop!:icon_wink:
Dilligas
12-05-2021, 04:27 PM
[QUOTE=jump4;2036686]The new Villages online registration system (Online Services (https://anc.apm.activecommunities.com/districtgov/home)) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?
In today's litigious society where some look for ways to get their hands on other people's money. You signed (or agreed to) everything that you use with your phone or computer. This is no difference.
Crickett
12-05-2021, 04:44 PM
I the only part I personally have concerns with is the negligence wording. I am not sure this is something I am comfortable with at this time.
thevillages2013
12-05-2021, 05:11 PM
Aflac
Papa_lecki
12-05-2021, 05:23 PM
What's funny about all these "trollish" or "clickbait" type of topics is that they always seem to come in bunches and the thread starter never comes back after dropping their bomb. First of the month, time to get the advertising rate stats up. Even funnier is that mods delete any comment suggesting such a thing could be actually happening. Last time the OP logged in was the same time the topic was posted.
If original poster was REALLY interested in the topic, he/she would log in and debate the topic.
Babubhat
12-05-2021, 07:13 PM
I the only part I personally have concerns with is the negligence wording. I am not sure this is something I am comfortable with at this time.
You don’t have a choice. Florida Supreme Court has ruled broad waivers are legal. Sign it or don’t participate. Does anyone bother to read the ruling previously provided. It’s the final word
Bjeanj
12-05-2021, 07:55 PM
Wait til the OP reads their Covenants.
valuemkt
12-05-2021, 08:04 PM
Haven't signed one yet. been here five years . If "forced" to sign, and if, and only if, I was seriously injured through what I deemed to be negligence of the Villages, (and I'm not talking silly things like the coffee was hot and i spilled it on my lap and got scalded), I'm confident that a competent hpersonal injury lawyer would make a good legal case to hold the Villages responsible.
Goldwingnut
12-05-2021, 10:48 PM
It's always comical to me to see these posts. People talk about suing "The Villages", what they don't realize is they would not be suing the developer (they're probably laughing at the original post and many others) but would in fact be suing the Community Development District(s), and the deep pockets they're going after would be their own pockets. All the rec centers and other public facilities north of SR44 are owned by one CDD or another, and we as the residents fund these CDDs either directly or indirectly.
Yes, they have insurance (with high deductibles), and the insurance would pay, and in turn raise their rates, guess who will pay the higher rates, yep, the residents.
Of course, the insurance company will also come back with changes to limit their risk; someone gets hurts dancing and sues, and maybe wins, maybe not, either way the insurance company will come back and say they won't cover dancing anymore and dancing ends (just a hypothetical example). Happens all the time, it's happened here. The Lifelong Learning College got sued because a group of residents weren't content with the level of reasonable accommodations offered and provided, sure they won, and in response the developer decided it wasn't worth their effort and shut the LLC down. (Yes, I know, there are a lot more details, this is just the basic summary of the issue so please save the ridicule, I have nothing against the hearing impaired, it's just an example). In the end, the residents lost.
Yes, these waivers of liability may have thin legal standing, but they do have some standing and they do help discourage frivolous lawsuits.
jimmy o
12-06-2021, 02:24 AM
We need waivers like this to protect TV from frivolous law suits. Which we are TV, we pay the costs of everything. We would pay for any law suit award through higher prices.
I do not agree with OP. I am happy to assume responsibility for my own actions, and the freedom to choose how hard I want to push myself, or how close I stand to a pickle ball net waiting for a smash.
barbnick
12-06-2021, 07:38 AM
I have lived here 10 years and this waiver has always been in place for all types of sports in The Villages.
You are not forced to play
rsmurano
12-06-2021, 07:46 AM
This is normal and we all have been doing this for decades. Each time you buy a snow ski ticket for decades, you are agreeing to their waiver.
There are people out there that will try to get injured so they can get a quick buck.
There are ways to hold the owner responsible for liability but I haven’t seen how you can hold the villages responsible, they are providing a safe environment for us to play in
davem4616
12-06-2021, 07:47 AM
OP, welcome to the 21st Century
BTW, if you go back and take a look at history, you'll find that our "founding fathers" were bringing each other to court all the time for various breaches
we only need lawyers because the other guy has a lawyer
mydavid
12-06-2021, 07:50 AM
The new Villages online registration system (Online Services (https://anc.apm.activecommunities.com/districtgov/home)) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?
“I have read and agree to 2021 UNCONDITIONAL AND FULL GENERAL RELEASE.
Waiver
UNCONDITIONAL AND FULL
GENERAL RELEASE
In consideration of being permitted to participate in activities and events (each, an "Activity" and collectively, the "Activities") sponsored, promoted, held, or conducted by or on property owned by Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District, any of Village Community Development District Nos. 1 - 13, Holding Company of The Villages, Inc., The Villages of Lake-Sumter, Inc., The Villages Land Company, LLC, The Villages Operating Company, North Sumter County Utility Development District, and the State of Florida Sports Foundation, (collectively, the "Parties"), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin HEREBY:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the Parties and any sponsor, advertiser, and promoter of any Activities, or events of such entities (collectively, District Activity or Activities), and any owner or lessee of the premises where the District Activity, or volunteer RLG meetings, events, or other volunteer RLG activities (collectively, volunteer RLG Activity or Activities) are held or conducted, and each of them their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively, with the Parties, the "Released Parties") of all liability to me or my executors, administrators, personal representatives, assigns, heirs, and next of kin, for any and all loss or damage, and all claims or demands therefore, on account of injury to my person or property or resulting in my death, arising out of or in any way connected with my participation, involvement, or presence at any Activity suffered before, during or after any Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or other individual or entity. This Release shall apply to all future participation in the Activities and remain in force and effective until specifically revoked in writing.
2. INDEMNIFY Released Parties from and against any loss, liability, damage or cost that I or any of my guests may incur due to participation or involvement in or presence at any Activity, whether caused by negligence, action or inaction of Released Parties or other individual or entity.
3. ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, AND PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at any Activity suffered before, during or after such Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or otherwise. I understand my participation and involvement in or at any Activity carries the risk of injury, death, and property damage, and I accept and assume that risk fully, freely and voluntarily. The Released Parties have made no representations or inducements regarding the safety of persons or property at or in connection with the Activities.
4. AGREE the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by Florida law, and that if any portion is held invalid for any reason, the balance should continue in full legal force and effect.
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
6. IRREVOCABLY GRANT to Released Parties the right and permission to use pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property (collectively, the "Images") and any statements, quotes, recordings or testimonials made by me (collectively, the "Testimonials"); to copyright the Images and Testimonials in Released Parties' own name or in any name Released Parties may choose; to use, re-use, publish, display or reproduce the Images and Testimonials in any medium and for any commercial purpose whatsoever, ; to use my name in connection with the use of any such Images or Testimonials. I waive any rights to inspect or approve the Images or the Testimonials. I release and forever discharge the Released Parties from any and all claims and demands arising out of or in connection with the use of the Images and the Testimonials. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Released Parties are the sole and absolute owners thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images and Testimonials.
7. AGREE to abide at all times to the following Code of Conduct at any Activity: "The use of obscenity, profanity or vulgarity in any conversations involving participants will not be tolerated. It is everyone's responsibility to maintain a safe, pleasant and comfortable atmosphere. Every individual who participates has the right to be treated with respect. No one should be disparaged or criticized in front of participants, teammates, guests, or spectators. Please bring your complaints or concerns to a recreation department representative. The representative may investigate and address any concerns. I agree my participation or involvement in or presence at any Activity is a privilege rather than a right, and Released Parties reserve the right within their sole discretion to revoke my or my guest's activity privileges for violations of the Code of Conduct."
I HAVE READ THE FOREGOING AGREEMENT AND THE CODE OF CONDUCT IN ITS ENTIRETY, AND I HEREBY FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, INTENDING TO BE BOUND THEREBY. I AGREE THAT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SHALL REMAIN IN EFFECT AS TO EACH RELEASED PARTY UNTIL RELEASED IN WRITING BY THE RELEASED PARTY.
Participant/Releasor Signature:” Apparently if you have sign this you are saying you won't sue even if its their fault. I never sign one and have Dan Nonland on speed diel.
CWGUY
12-06-2021, 08:05 AM
Apparently if you have sign this you are saying you won't sue even if its their fault. I never sign one and have Dan Nonland on speed diel.
:icon_wink: Anything like having Dan Newlin on speed dial? :popcorn:
mkjelenbaas
12-06-2021, 08:05 AM
The new Villages online registration system (Online Services (https://anc.apm.activecommunities.com/districtgov/home)) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?
“I have read and agree to 2021 UNCONDITIONAL AND FULL GENERAL RELEASE.
Waiver
UNCONDITIONAL AND FULL
GENERAL RELEASE
In consideration of being permitted to participate in activities and events (each, an "Activity" and collectively, the "Activities") sponsored, promoted, held, or conducted by or on property owned by Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District, any of Village Community Development District Nos. 1 - 13, Holding Company of The Villages, Inc., The Villages of Lake-Sumter, Inc., The Villages Land Company, LLC, The Villages Operating Company, North Sumter County Utility Development District, and the State of Florida Sports Foundation, (collectively, the "Parties"), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin HEREBY:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the Parties and any sponsor, advertiser, and promoter of any Activities, or events of such entities (collectively, District Activity or Activities), and any owner or lessee of the premises where the District Activity, or volunteer RLG meetings, events, or other volunteer RLG activities (collectively, volunteer RLG Activity or Activities) are held or conducted, and each of them their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively, with the Parties, the "Released Parties") of all liability to me or my executors, administrators, personal representatives, assigns, heirs, and next of kin, for any and all loss or damage, and all claims or demands therefore, on account of injury to my person or property or resulting in my death, arising out of or in any way connected with my participation, involvement, or presence at any Activity suffered before, during or after any Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or other individual or entity. This Release shall apply to all future participation in the Activities and remain in force and effective until specifically revoked in writing.
2. INDEMNIFY Released Parties from and against any loss, liability, damage or cost that I or any of my guests may incur due to participation or involvement in or presence at any Activity, whether caused by negligence, action or inaction of Released Parties or other individual or entity.
3. ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, AND PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at any Activity suffered before, during or after such Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or otherwise. I understand my participation and involvement in or at any Activity carries the risk of injury, death, and property damage, and I accept and assume that risk fully, freely and voluntarily. The Released Parties have made no representations or inducements regarding the safety of persons or property at or in connection with the Activities.
4. AGREE the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by Florida law, and that if any portion is held invalid for any reason, the balance should continue in full legal force and effect.
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
6. IRREVOCABLY GRANT to Released Parties the right and permission to use pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property (collectively, the "Images") and any statements, quotes, recordings or testimonials made by me (collectively, the "Testimonials"); to copyright the Images and Testimonials in Released Parties' own name or in any name Released Parties may choose; to use, re-use, publish, display or reproduce the Images and Testimonials in any medium and for any commercial purpose whatsoever, ; to use my name in connection with the use of any such Images or Testimonials. I waive any rights to inspect or approve the Images or the Testimonials. I release and forever discharge the Released Parties from any and all claims and demands arising out of or in connection with the use of the Images and the Testimonials. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Released Parties are the sole and absolute owners thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images and Testimonials.
7. AGREE to abide at all times to the following Code of Conduct at any Activity: "The use of obscenity, profanity or vulgarity in any conversations involving participants will not be tolerated. It is everyone's responsibility to maintain a safe, pleasant and comfortable atmosphere. Every individual who participates has the right to be treated with respect. No one should be disparaged or criticized in front of participants, teammates, guests, or spectators. Please bring your complaints or concerns to a recreation department representative. The representative may investigate and address any concerns. I agree my participation or involvement in or presence at any Activity is a privilege rather than a right, and Released Parties reserve the right within their sole discretion to revoke my or my guest's activity privileges for violations of the Code of Conduct."
I HAVE READ THE FOREGOING AGREEMENT AND THE CODE OF CONDUCT IN ITS ENTIRETY, AND I HEREBY FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, INTENDING TO BE BOUND THEREBY. I AGREE THAT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SHALL REMAIN IN EFFECT AS TO EACH RELEASED PARTY UNTIL RELEASED IN WRITING BY THE RELEASED PARTY.
Participant/Releasor Signature:”
There is a need to keep their attorneys busy now that the ROGUE employees have been caught!!!
CWGUY
12-06-2021, 08:18 AM
There is a need to keep their attorneys busy now that the ROGUE employees have been caught!!!
:ohdear: Sorry, but you really don't have a clue. This has NOTHING to do with the Developer. As stated in post #46 this is your District Government asking you to sign the waiver.
If some people spent as much time educating themselves (before buying here would have been nice) as they do hating....... well, this would be a better place. :ho:
Marine1974
12-06-2021, 08:50 AM
Not sure if a person dies of gross negligence
their heirs are bound by this contract and go after them because they didn’t sign off on this .
The staff could be charged with a crime .
Villages Kahuna
12-06-2021, 11:45 AM
Most of the the recreation facilities in the northern 2/3 of The Villages have been deeded over to the residents, who are represented by officials they elect. I suppose that they keep the release from liability form requirement in place to protect your interests in the facilities you own.
What would happen if without having protection from those forms, someone sued the Recreation Department over an issue regarding a facility owned by the residents and won the suit. If there was a large award, as is so common these days, where would the money to pay the legal award come from? A large increase in your amenities fee? The sale of recreation facilities to get the money needed to settle the suit? Closure of facilities because paying employees after settling the lawsuit couldn’t be afforded?
Nope, I’ve been signing those waiver forms for years. I hope the Amenities committees don’t change a thing regarding protecting our facilities and our Rec employees from spurious lawsuits!
Bogie Shooter
12-06-2021, 05:07 PM
There is a need to keep their attorneys busy now that the ROGUE employees have been caught!!!
:ohdear: Sorry, but you really don't have a clue. This has NOTHING to do with the Developer. As stated in post #46 this is your District Government asking you to sign the waiver.
If some people spent as much time educating themselves (before buying here would have been nice) as they do hating....... well, this would be a better place. :ho:
Have to agree with CW, an ignorant post.
jump4
12-06-2021, 05:53 PM
I am surprised by responses referring to “your outrage”. My post did was not intended to convey any outrage. I simply asked question. I appreciate those folks who responded with respectful and constructive comments. Based on those comments and many other unhelpful comments I want to provide some additional context and clarification.
My post did not mention the “developer”
I am opposed frivolous law suits. I have never filed a lawsuit.
I agree the Villages works hard to provide a safe environment for us to play in.
I agree it’s not the villages’ responsibility to protect us from our own stupid actions.
I appreciate the rare humorous comment such as “Everyone must sign one to come into my house.”
The responses included divergent viewpoints. Some responses said these broad releases are enforceable, whereas other posters provide precedent where they were upheld. One poster said “Florida Supreme Court has ruled broad waivers are legal.” whereas another said “…I'm confident that a competent personal injury lawyer would make a good legal case to hold the Villages responsible”
I too have signed many waivers over the years. My concern is not with signing an appropriate waiver. My only concern with this waiver is the part that says the district government cannot be held responsible even if it is their fault, i.e. caused by their “negligence, action or inaction.”
I clarify my question as follows: Is it appropriate for the District government to require residents to sign a broad release of liability for serious injury due to the negligence, action or inaction of the district government?
Bogie Shooter
12-06-2021, 06:11 PM
All those that passed the bar exam should respond……………
Laker14
12-07-2021, 04:45 AM
Years ago, in my town up north, I was a member of. a country club. For years there had been a 10' high diving board. One day a teenager was goofing around on the board. The lifeguard told her to stop horsing around. She didn't. This continued back and forth. Eventually the lifeguard kicked her out of the pool, and out of the pool area. She defied the lifeguard, went back up the ladder, did her silly dance and fell of the board onto the concrete. She got hurt. Not catastrophically, but hurt.
Of course, her family sued the country club, and one of the results was the diving board disappeared. It had been there for kids to enjoy for decades. It took one spoiled child to make it disappear.
The other day I went to play pickleball and the courts were wet. I chose not to play on the slippery courts, for fear of injury. Others played. Without such a waiver, had someone injured themselves due to their own decision, the owners of the court (you and I) would be much more likely to get sued, and some slick lawyer would make the argument that it was the duty of whoever owned the courts to have them locked up when conditions were "unsafe". If everyone who got hurt playing pickleball could sue, having that amenity would become impossible.
I've heard from lawyers that you really can't sign away your right to sue, but to have a signed waiver makes it much harder to get a frivolous suit very far down the road.
retiredguy123
12-07-2021, 05:50 AM
In my opinion, the form is not appropriate. It is overly broad, ant not consistently enforced. Many Villagers have never signed the form, even though they have participated in many activities for years. And this paragraph is particularly broad:
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
Apparently, a guest, who did not sign the form, can sue the resident for an injury because the resident has agreed to assume any liability for the negligence committed by The Villages. So, if you sign the form, you better make sure all of your guests also sign it.
kkingston57
12-07-2021, 10:29 AM
I don't share the outrage. The litigiousness of our society is totally out of bounds as it is.
Understand that we do do live in a very litigious society. Lack of common sense has made this condition worse.
How would you feel if you or one of your loved ones had an accident which was caused by the negligence of the developer and you or loved one had a serious injury and you did not have any recourse against the developer. If this waiver stood up or could stand up, they would not have any incentive to make sure that they maintain a safe environment.
Bet that a lot of injuries have occurred on athletic venues which are different issues.
Dennys37Packard
12-07-2021, 10:41 AM
So? Did you ever look at the fine print on any other waiver you sign? Car rental, phone purchase, parking garage ticket purchased, etc.... all have the same kind of waiver....
retiredguy123
12-07-2021, 12:11 PM
So? Did you ever look at the fine print on any other waiver you sign? Car rental, phone purchase, parking garage ticket purchased, etc.... all have the same kind of waiver....
Have you ever seen one that attempts to waive liability for guests of the resident when the guests didn't even sign the waiver? (para 5).
jpvillager
12-07-2021, 12:17 PM
Think about it. Even if you could sue it would be dragged out so long you would never see it's completion.
retiredguy123
12-07-2021, 12:49 PM
Note that they ask people to sign the release form every year, but, according to the form, the release actually never expires. So, if you signed one 5 years ago, apparently it is still valid today.
This waiver has been in place forever. Rec Centers would have members of groups/residents sign one each year. Not a manageable process to use any longer so I’m fairly certain this has shifted to an on-line effort. Just my thoughts …
NOT TRUE!
These liability waivers only started 10-15 years ago. They wanted every club leader to insist all their members sign one "to hold the developer harmless". Some club members signed with an "X".
Now the new 2022 Rec. Center Club Contracts have turned into a long legal document stating "you CAN NOT sue the developer", no matter what.
It amounts to: If the club accidentally burns down the Rec. Center, the club pays for a new building.
If the Rec. Center has an electrical fire and a club member looses his/her life, well, too bad.
These are NEW terms this year, not like the old "days, times and dates contracts".
There are some clubs that have read the new contracts and the president won't sign the long legal document, so the club folded or moved to a different place.
The whole legal thing is getting out of hand. It's no longer "America's Friendliest Hometown".
Skip
jump4
12-08-2021, 11:12 AM
NOT TRUE!
These liability waivers only started 10-15 years ago. They wanted every club leader to insist all their members sign one "to hold the developer harmless". Some club members signed with an "X".
Now the new 2022 Rec. Center Club Contracts have turned into a long legal document stating "you CAN NOT sue the developer", no matter what.
It amounts to: If the club accidentally burns down the Rec. Center, the club pays for a new building.
If the Rec. Center has an electrical fire and a club member looses his/her life, well, too bad.
These are NEW terms this year, not like the old "days, times and dates contracts".
There are some clubs that have read the new contracts and the president won't sign the long legal document, so the club folded or moved to a different place.
The whole legal thing is getting out of hand. It's no longer "America's Friendliest Hometown".
Skip
Thank you for this important clarification.
Babubhat
12-08-2021, 11:21 AM
This thread needs to die. Florida Supreme Court ruled this is Valid many years ago. The villages conformed to the ruling with their form. The citation has previously been provided
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