Recreation Release Agreement

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  #1  
Old 04-07-2013, 11:00 PM
LBBLLB LBBLLB is offline
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Default Recreation Release Agreement

Village residents participating in recreational activities are often given release agreements to sign. Most residents sign these without reading them. As an Attorney I am appalled at what residents are being asked to sign and the suggestion from the villages administration that you are required to sign. For example suppose you are attending one of the many exercise activities . You are told to sign "so you dont sue us if you are injured". What you are actually signing is much more comprehensive than you are being told. The release covers all of the village activities not just the exercise activity that you are participating in. If you are injured as a result of someones negligence you are waiving your right to recover medical expenses that you may incur and the right to sue fordamages. Suppose for example you are playing golf on one of the executive golf courses in the villages and a maintenance vehicle runs into you through no fault of your own. The release agreement that you signed at the exercise activity would prevent you from recovering damages arising from the golf course incident. Another example would be if you were injured at a recreation centre because an improperly installed light fixture or chandelier fell on you. You could incur large medical bills yet the release agreement you signed at the exercise activity would prevent you from recovering your costs.
Village residents pay an amenity fee to cover the cost of the activities that they participate in. The payment of this money gives residents the right to participate in recreational activities. The florida statute regulating community development districts (Florida statute #190-043) gives the right to persons to sue the development districts for damages caused by negligence . This is a constitutional right and the Florida statute does not appear to give the development districts the right to require a liability release fom residents in these districts. I would recommend residents not to sign these release agreements. I hae not signed and have not been prevented from participating in activities.
  #2  
Old 04-07-2013, 11:51 PM
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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.
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  #3  
Old 04-08-2013, 03:40 AM
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Quote:
Originally Posted by LBBLLB View Post
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.
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.
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Last edited by graciegirl; 04-08-2013 at 04:19 AM.
  #4  
Old 04-08-2013, 05:26 AM
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Quote:
Originally Posted by graciegirl View Post
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?
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Old 04-08-2013, 06:22 AM
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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
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Old 04-08-2013, 06:28 AM
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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.
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Last edited by graciegirl; 04-08-2013 at 08:37 AM.
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Old 04-08-2013, 06:32 AM
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Golly, I honestly don't remember if I've ever signed one. Is there a way to find out?
  #8  
Old 04-08-2013, 06:47 AM
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I think it was on page162 when you bought your housesorry no coffee yet
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  #9  
Old 04-08-2013, 07:02 AM
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Quote:
Originally Posted by graciegirl View Post
Barry...I look up to you and trust your judgement 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.
Don't apologize I think I like your posts more at this time in the morning!
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Old 04-08-2013, 07:17 AM
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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.
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Old 04-08-2013, 07:21 AM
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Originally Posted by blueash View Post
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?
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Old 04-08-2013, 08:35 AM
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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.
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Old 04-08-2013, 08:48 AM
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Quote:
Originally Posted by graciegirl View Post
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.
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.
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Old 04-08-2013, 08:55 AM
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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.


.
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Old 04-08-2013, 09:08 AM
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Quote:
Originally Posted by bimmertl View Post
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



$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
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