Recreation Release Agreement

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  #16  
Old 04-08-2013, 09:20 AM
paulandjean paulandjean is offline
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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.......
  #17  
Old 04-08-2013, 09:55 AM
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Default 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.
  #18  
Old 04-08-2013, 10:32 AM
ilovetv ilovetv is offline
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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.
  #19  
Old 04-08-2013, 10:41 AM
ilovetv ilovetv is offline
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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
  #20  
Old 04-08-2013, 12:14 PM
wlou wlou is offline
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Default 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?
  #21  
Old 04-08-2013, 12:30 PM
Sadie1313 Sadie1313 is offline
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Default Recreation release form

Quote:
Originally Posted by graciegirl View Post
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.
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
  #22  
Old 04-08-2013, 12:47 PM
Sadie1313 Sadie1313 is offline
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Default Rec waiver

Quote:
Originally Posted by ilovetv View Post
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.
I agree that some people will try and sue for anything, just to make money. I also ee that if you're signing up for a physical activity, ie pickleball, tennis, excercise, etc., that if you hurt your back or twist something, that he Villages shouldn't be held responsible. However, the form that is being given out to various clubs, IS NOT the one for Pickleball that racie just posted. It's a much longer, more detailed form. It DOES NOT just pertain to Pickleball or another physical activity. It covers ANYTHING & EVERYTHING in The Villages. Even if it is not due to anything you've particiaped in. The attorney was correct, as the form did cover accidents due to the negligence of The Villages. It even mentions YOUR VISITORS. They haven't signed anything, but seem to be included in the waiver that you signed. PLEASE get a copy and read it through. I wish I could figure out why I can't scan it into my computer, or I'd st with this post. Thanks for listening/reading. Trish
  #23  
Old 04-08-2013, 12:55 PM
BettyCrocked BettyCrocked is offline
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Quote:
Originally Posted by paulandjean View Post
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.......
  #24  
Old 04-08-2013, 01:25 PM
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Quote:
Originally Posted by Sadie1313 View Post
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
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
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  #25  
Old 04-08-2013, 01:30 PM
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Quote:
Originally Posted by John_W View Post
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.



.

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.
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  #26  
Old 04-08-2013, 01:35 PM
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Quote:
Originally Posted by Sadie1313 View Post
I agree that some people will try and sue for anything, just to make money. I also ee that if you're signing up for a physical activity, ie pickleball, tennis, excercise, etc., that if you hurt your back or twist something, that he Villages shouldn't be held responsible. However, the form that is being given out to various clubs, IS NOT the one for Pickleball that racie just posted. It's a much longer, more detailed form. It DOES NOT just pertain to Pickleball or another physical activity. It covers ANYTHING & EVERYTHING in The Villages. Even if it is not due to anything you've particiaped in. The attorney was correct, as the form did cover accidents due to the negligence of The Villages. It even mentions YOUR VISITORS. They haven't signed anything, but seem to be included in the waiver that you signed. PLEASE get a copy and read it through. I wish I could figure out why I can't scan it into my computer, or I'd st with this post. Thanks for listening/reading. Trish


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
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  #27  
Old 04-08-2013, 02:55 PM
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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......
  #28  
Old 04-08-2013, 03:13 PM
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Originally Posted by graciegirl View Post
[/COLOR]

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 guests 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 everyones 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 guests 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
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!
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Old 04-08-2013, 03:15 PM
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"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.
  #30  
Old 04-08-2013, 03:20 PM
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Originally Posted by buggyone View Post
"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 !
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