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.

I'm not an attorney but was a legal secretary for 30 years. Like you, I was appalled when I read the Release. Haven't signed it in 5 years and have had no problems to date. However, something tells me that if I had signed and was injured through no fault of my own, Florida law would allow me to sue regardless of what I had signed. As you know, most releases are pretty worthless.

Welcome and there you are with your first post.

Do you know what you have when you have a lawyer buried up to his neck in sand? (apologies to the lawyers in my family)

I can't remember EVER having been asked to sign this form. I am sure you are right and I am sure you are very concerned with our welfare, on the other hand...You just might not represent the concerns of most of us who live here in The Villages. Sounds like just a little bit of trouble to me.

Gracie, I usually agree with you, but I don't think we should dismiss the original post just because it is his first. There are some very good points made by the poster. I have signed these releases every year I have been here because I thought I had to in order to participate in the many activities I enjoy. Why should I sign away any legal rights if I don't have to? If I don't sign the release next year, can I be prohibited from participating in activities? If I am prohibited from participating, will my amenities fee be refunded? I have always thought that even if I sign a release, if I am injured due to someone's negligence then I still have the right to sue. Is that still true if I sign the release?

Here's a recent example of one of the many releases used by The Villages. I remember getting one when I paid my trail fees. So they are routinely used here.

http://www.usapa.org/file/fl/2013_0418_villages.pdf

Barry...I look up to you and trust your judgment and admire the heck out of every single thing you have ever written on here... But if you were a brand new person on this forum wouldn't you say.." Hi, I am Bob from Maine and I wonder when is the best time to visit your area. My neighbor told me that there were little houses all crammed together and that the developers mom dressed him funny"

Or something like that.

I imagine he was correct. But I have been here for six years and never heard that this was an issue. I haven't signed anything but I don't do Dragon Boats or softball.

Sorry Barry YOU are right. I should NEVER post before six a.m. without coffee.

Golly, I honestly don't remember if I've ever signed one. Is there a way to find out?

I think it was on page162 when you bought your house:mornincoffee:sorry no coffee yet

Don't apologize I think I like your posts more at this time in the morning!

I asked the head of the POA about this very issue last year. She told me the form is meaningless and I can either sign it or not but it wouldn't be binding on me. I have no idea if she spoke with authority or just her opinion. I do note that our OP has a screen name of LLB which certainly suggests he/she is an attorney.

If it is meaningless WHY SIGN? Better yet why are they asking?

Personally, I don't have a problem signing. I understand the reasoning. You have senior citizens wanting to act like they are 18 again and accidents will happen. Like it or not, there are those (I am not saying everyone...but like with everything else "those" ) who would try to sue over any minor accident and "some" lawyers who may try to convince us to sue everyone down to our pediatrician who never told us that we had a defective bone in our ankle that may cause us to fall. In this day and age of sue crazy people, I can fully understand a release.
Just my own humble opinion this is just another "first" post of someone trying to get your feathers ruffled and convince you that the big bad "family" is trying to pull something over on you. We sign releases for a lot of things in life.
Quit fretting and enjoy life.

Yet, it is something that most people would consider important and want to know.

I am glad someone bothered to call it out!

That is the value of sharing information.

I'm glad someone from the legal profession has brought this up, because it has been on my mind ever since I started playing softball two years ago. I'll be finishing my fifth season this Saturday. There are 2500 villagers in the various softball leagues. If you want to play, they say you have to sign the blue sheet, and if you don't you can't play.


.

$25.00—REGISTRATION FEE Per Player + $10.00 PER EVENT (Received BY 1/14/13)
$35.00—REGISTRATION FEE Per Player + $10.00 PER EVENT (Received AFTER 1/14/13)
$12.00—2-DAY EXHIBITION/CLINIC PACKAGE: (2-Package Limit Per Tournament Participant)
CASH MASTERCARD VISA CHECK
Credit Card number and expiration information:
————————— ————————— ————————— ————————— Exp: ——— / ———
• All credit card numbers are disposed of after registration is complete.
• There will be a $30.00 charge for all returned checks.
COMPETITOR FEE: —————————
$10.00 EVENT FEE(S): —————————
Per Event
2-DAY PRO PACKAGE: —————————
USAPA MEMBER DISCOUNT: — $2.00
TOTAL: —————————

Please make checks out to:

VCDD

Mail completed form with payment to:
1200 Avenida Central
The Villages, Florida 32159

RELEASE AND WAIVER OF LIABILITY

HOSTED BY

In consideration of being permitted to participate in recreational activities or events sponsored, promoted, held, or conducted by Releasee (The "Activities"),
I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin, DO HEREBY: RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE The Villages of Lake-Sumter, Inc., The Villages Holding Company, The Village Center Community Development District, Sumter Landing Community Development District, any sponsor, advertiser, and promoter of any of the Activities, and any owner or lessee of the premises used to conduct or hold the Activities and each of them, their officers, directors, members, executives, agents, employees, affiliates, department representatives, successors and assigns (collectively the ‘Releasee’) of all liability to me or my executors, 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 or involvement in or presence at the Activities, suffered by me before, during or after the Activities, whether caused by the negligence, action or inaction of Releasee or otherwise. PARTICIPANT will enter an event where participant may be photographed/ recorded and by entering the event, participant irrevocably consents to be photographed/recorded and grants The Villages of Florida, Inc. and its successors, assigns and licenses the right in perpetuity to distribute the results of such photography/recording in all media throughout the world. I HAVE READ THE FOREGOING AGREEMENT IN ITS ENTIRETY AND I HEREBY FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, INTENDING TO BE BOUND THEREBY.
——————————————
FOLD —————————————————————————————————————————————————— —————————————————————————————————————————— FOLD

DEADLINE: JANUARY 14,2013

Pickleball Player
Main Street
Anytown, State 00000
1200 Avenida Central
The Villages, Florida 32159
FOLD —————————————————————————————————————————————————— —————————————————————————————————————————— FOLD

SENIOR TOURNAMENTS: MEN’S DOUBLES • WOMEN’S DOUBLES • MIXED DOUBLES

APRIL

18-21

HOSTED BY

Plus...

MEET THE PROS! 2-DAY PRO EXHIBITION/CLINIC: APRIL 20 and APRIL 21

Welcome to TOTV, thanks for sharing this important info.We are on this site to share important info about life in the villages.To me it makes no difference if you have 1 post or 12,000 posts.Most everyone on this site is nice,but there are a few that get upset if you mention anything that would make the villages look bad. Thanks.......

Rec. Release Form
 

I believe the original poster was correct in his concerns. For 9 years I have been signing this form for classes at the Life Long Learning College, several clubs and other activities. I have always wondered why we must sign away our rights in order to partake in activities paid by our amenity fees. However you feel about the developer is great, however you are also trusting all his many employees not to do a negligent act that could cause you harm and that the equipment and facilities are always kept in excellent condition.
I will not sign anymore forms.

We signed these releases for years whenever our kids went on school field trips, or when they played team sports for community Parks & Rec, YMCA, swim & tennis club leagues etc. It was always with the assumption on our part that it was applicable to that particular event/activity, not all others sponsored by that entity in perpetuity.

In reading the waivers shown for TV here on this thread, I'm not so sure the release pertains to all "activities" the person would ever attend/participate in in TV.

Each of these releases has the particulars of that class, outing or team sport at the top of it, which would imply (to us non-lawyers) that the release pertains to that particular activity, not all others sponsored by TV in perpetuity.

But when it comes to liability and lawsuits, we all see suits dragging on for years that were not dismissed at the beginning because of a release like this. They don't seem to carry much weight. A similar dilemma was brought up in a recent thread about rental golf carts and ones provided by landlords and those provided by TV during a Lifestyle Preview Stay. Various people opined that a "hold harmless" release/waiver like this signed by the cart user would not hold up in court, and the cart owner would be screwed no matter what.....therefore dealers and landlords are deciding to have nothing to do with owning a cart driven by renters.

It would be good to hear from the attorneys who identify themselves and are approved on TOTV for giving legal advice like this.

Here is a college waiver that is quite similar:

"Liability Release and Indemnification

I, the above named student, am eighteen years of age or older and have voluntarily applied to participate in the Activities or Trips listed above. I acknowledge that the nature of the Activities or Trips may expose me to hazards or risks that may result in my illness, personal injury or death and I understand and appreciate the nature of such hazards and risks. In consideration of my participation in the Activities or Trips, I hereby accept all risk to my health and of my injury or death that may result from such participation and I hereby release The University of Texas at Austin, its governing board, officers, employees and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in the Activities or Trips, whether caused by negligence of The University of Texas at Austin, its governing board, officers, employees, or representatives, or otherwise. I further agree to indemnify and hold harmless The University of Texas at Austin and its governing board, officers, employees, and representatives from liability for the injury or death of any person(s) and damage to property that may result from my negligence or intentional act or omission while participating in the described Activities or Trips...."

http://www.jsg.utexas.edu/wp-content...rationForm.pdf

The "other side" of this coin....
 

I thought I would post this as the other possible side of this discussion. I currently teach a fitness class in one of the rec centers. When we first went into our orientation discussion, the rec ctr mgrs talked about this release and that it protects those of us teaching along with the villages. We volunteer, it is not a paid position and we are not village employees. So suppose someone comes into my class and I say ( at least 3 or more times!!!) that they need to "pace themselves, take their time, do only what THEY can do," etc etc etc...This person gets overexerted , falls down, experiences chest pain , is taken in for a check up and then says, " her class was too hard, it is her fault"....Should she be able to sue me for her medical expenses? I just think that we may forget it may protect some of us villagers. thoughts?

Recreation release form
 

Gracie, we've never encountered each other, and I've read most of your posts & agree with most of them. In this case, however, I can't agree. Since you haven't signed this release, you really can't imagine the detail this release goes into. I, myself have signed it, thinking its only for some physical activity. I was reading this year's form (actually reading it, not just signing it). I couldn't believe what rights we would be signing away. Then, the very next day, I read the post from the attorney on Talk of the Villages. He is correct. I suggest anyone who isn't sure about this, should go into any rec center and ask for a copy to take home and read. I do believe you will change your mind Gracie. Take care, Trish

Rec waiver
 

:clap2:

Thank you Trish.

I trust what you have said to me and since I too have read your posts and feel very sure you wouldn't guide any of us the wrong way, I will do just that and feel that since you have said that it is more involved and somewhat troubling...than it is more involved and somewhat troubling.

I just am very sceptical when an unknown person comes on with such a claim.

I thank you Trish for your respectful and articulate disagreement and it makes ME respect You even more.

I am old but open minded.

Kindest wishes,
Gracie

We really don't know who he is.

I do know this. That we are not as young as we once were but we all think we are fit and able to do anything.

I am not at all surprised that we are asked to sign a waiver but if Trish things this waiver is over the top...then I believe her.

Please someone find this paper and print it for us, so we can see just what to worry about.

Gracie.

And the answer is. Not enough sand.

Is this the document, Trish?



2012 Recreation Release Agreement
The Village Center Community Development District
Sumter Landing Community Development District
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:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE The Villages of Lake-Sumter, Inc., The Villages Holding Company, The Villages Operating Company, The Village Center Community Development District, Sumter Landing Community Development District, The Villages Recreation Department, The Villages Golf Department, Golf Management Solutions, LLC, State of Florida Sports Foundation, any sponsor, advertiser, and promoter of any of the Activities, and any owner or lessee of the premises where the Activities are held or conducted, and each of them, their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively and individually referred to as the Activity Sponsor) 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 or involvement in or presence at the Activities, suffered before, during or after the Activities, whether caused by the negligence, action or inaction of the Activity Sponsor or otherwise. This release applies for all future entrances to the premises or this release applies each and every time a person is on the premises.
2. INDEMNIFY AND HOLD HARMLESS the Activity Sponsor 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 the Activities, whether caused by negligence, action or inaction of the Activity Sponsor or otherwise.
3. ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at the Activities suffered before, during or after the Activities, whether caused by the negligence, action or inaction of the Activity Sponsor or otherwise. I understand that my participation or involvement in or presence at the Activities carry the risk of injury or death or property damage and I accept and assume that risk fully, freely and voluntarily.
4. AGREE that 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 notwithstanding, continue in full legal force and effect.
5. AGREE that this release agreement is intended to apply to my or my guest’s participation or involvement in or presence at any Activity. The Activity Sponsor has made no representations or inducements apart from the foregoing.
6. IRREVOCABLY GRANT to the Activity Sponsor the absolute right and permission to use any pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property by the Activity Sponsor (collectively the Images) and to further use any statements, quotes, recordings or testimonials made by me (collectively the Testimonials); To copyright the Images or Testimonials in the Activity Sponsors own name or in any name Activity Sponsor may choose; To use, re-use, publish, display or reproduce the Images or Testimonials in any medium and for any commercial purpose whatsoever, including but not limited to, promotion, advertising, display, sale or trade, without restriction or limitation; To use my name in connection with the use of any such Images or Testimonials at the Activity Sponsors sole discretion; all without compensation, royalty or remuneration of any kind. I waive any rights to inspect or approve the Images or the Testimonials, their use, or any printed or audio matter that may be used in connection therewith, without restriction or limitation, whatsoever. I hereby release and forever discharge the Activity Sponsor from any and all claims and demands arising out of or in connection with the use of the Images or the Testimonials, including, but not limited to, any claims for slander, libel or invasion of privacy or right of publicity, as well as any claims due to any technical failures or distortions in the Images or Testimonials that may occur in taking the original Images or Testimonials, or in the subsequent processing thereof. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Activity Sponsor is the sole and absolute owner thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images or 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 playing atmosphere. Every individual who participates in this program has the right to be treated with respect. No one should be disparaged or criticized in front of teammates and spectators. Bring your complaints or concerns to your recreation department representative. They will investigate and address any concerns. I further agree that my participation or involvement in or presence at any Activity is a privilege rather than a right, and that the Activity Sponsor reserves the right within its 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.
Participant Signature: __________________________________________________ _________ Date: ______________________
Participant Name (Please Print): __________________________________________________ _____________________________
Street Address/City/State: __________________________________________________ ___________________________________
Phone: _______________________________ Village ID Number: _________________________________
I am currently an employee of (circle all that apply):
The Villages The Village Center Community Development District Golf Management Solutions, LLC
Rev. 08.04.10 - Waiver of Liability

Not a lawyer, but offering these questions to our Lawyer OP and others...

Do you not "sign" or agree to a bunch of waivers when you fly ?

Do you not do the same when you take a cruise ?

Is it not the smart thing to do, ie, offer this waiver for signature as does not the law provide for that offer to constitut "warning" that there may be risks ? Keeping in mind that over 100,000 or more retired folks will be using all of your facilities ?

Just asking, unless this is another of the......

I don't have a problem signing this! If I play, I may get hurt. I'm an adult... I will be responsible for me! I'm grateful The Villages gives us so much to do so that we can have this much fun! We are going to get hurt... I have never sued anyone when I get hurt... I'm not going to start now!

In a community of old people... we will fall! If we all start suing The Villages... they will have to shut down the activities!

"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 !

I would not sign this form.I do not think I would sue if the injury was caused by myself,However if the blame was on the other party I probably would. Do not think I would like to sign that off.

Here's the 2013 release agreement/waiver from the district.gov web site if anyone would like to print one out:

http://www.districtgov.org/images/2013Waiver.pdf

At the bottom of the document, it has 08/04/10 noted as the date of last revision. Assuming that's accurate, the content should be the same as what Gracie noted.

Bill :)

I thought it sounded pretty standard for a "hold harmless" document. What did you think, Bill?

I am not an attorney but have dealt with contracts for many years many of which have been the subject of a lawsuit. The wiavers being signed are designed to discourage people from pursiing claims either because they believe they have waived their right and /or the challenge that would be brought by the defendants that the waivers exist. It is against public interest to have a defendant have thw ability to contract their liabity away. for one reason it would create a moral hazard meaning that there would be no incentive for anyone taking proper care of their property, etc so people wouldn't be hurt.

I am quite sur[rise this issue has come up long before this. The first time they ask me to sign a waiver six years ago I laughed to myself.

I am not litgitious but certainly woul want to protect my family in the event I was injured and it would create a great burden on them physically and economically

I don't know if you can waive you right to sue. The gentleman who posted this valuable info should be thanked not chastised. Thanks for the info. This isn't the usual silly stuff that is commented on here.

Rec waiver
 

Sandy and I have signed one every year......but that's just us.

There are so many "what ifs" that surround these things. Would the terms outlined in the doc hold up? I don't know - I don't have the answer to that.

Bill :)

Is it in effect for one year from the time you sign it or indefinately??

I play the extremely dangerous sport of trivia. I was asked to sign one because we play trivia at a rec center. Needless to say, I refused to sign it even though I could be harmed by someone throwing out a dangerous question!

Trivia ain't what it used to be