Residents required to sign waiver absolving Villages of responsibility for injury!
 

The new Villages online registration system (Online Services) 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:”

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.

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.

:ohdear: Waiver is not new.....OP is. :duck:

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.

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.

Generally whether you sign this or not Lawyers , courts, find these broad forms to be unenforceable

As another stated here....waiver not new and don't worry about it.

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.

You don't have to agree. In fact you don't have to live here.

Florida precedent case .

Theis v. J & J RACING PROMOTIONS, 571 So. 2d 92 – CourtListener.com

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.

I sign one very similar to that annually when I renew my membership at TV fitness centers

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….

I don't share the outrage. The litigiousness of our society is totally out of bounds as it is.

Not new
 

Been done as long as we’ve lived here…no big deal.

Everyone must sign one to come into my house.

:cryin2:

They have always required a waiver signed once a year for Villages activities.

Too bad you do junior member.

Not New
 

This waiver is not new. The Villages has had residents that use these facilities sign a written waiver once per year.

Touche’

Not new, sign it and enjoy the amenities.

Dentist and doctors use a similar disclaimer form. Nothing new.

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.

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.

Everyone must sign mine who drives by my property, let along step on it.

So, take your ball and go home and play with it by yourself. 🤣

🤣🤣🤣🤣

Waiver
 

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!

Waiver
 

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.

Welcome to 2021.
Sometimes people forget who's doing the hiring

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.

No requirement to sign it. Just refuse to participate in the activity. Your choice

People always want somebody else to protect them from themselves. It’s not the villages responsibility to protect you from your own stupid actions.

This is an article from an attorney in Miami.

Can You Still Sue If You Signed a Liability Waiver in Florida? - Jaime Suarez

Don't enter the forest if you fear leaves.
 

Don't sign until anything you get your lawyers OK

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!

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 …

but YOUR lawn is my dogs' fave place to poop!:icon_wink:

[QUOTE=jump4;2036686]The new Villages online registration system (Online Services) 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.

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.