[paulandjean]

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.

[Bill-n-Brillo]

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

[graciegirl]

Originally Posted by Bill-n-Brillo

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?

[rubicon]

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

[Irish Rover]

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.

[Sadie1313]

Originally Posted by graciegirl

[/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 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

Yes Gracie, this is the document I read. What do you think of what you read here? How or why should this waiver that we sign, effect our visitors??? In item #2 it says that even our visitors can't sue, because we signed this waiver, even if it is due to the negligence of the Activity specialists. This isn't just covering physical activities. I do believe that we ARE responsible, and have been given warning when we pursue a physical activity. It's all the other times that concerns me. It even states just "being present" at an activity you'd be responsible even if it's not your fault. I don't want to beat a dead horse. We each have to decide for ourselves, what we think is best. How about we all agree to be careful, and stay well. Trish

[Bill-n-Brillo]

Originally Posted by graciegirl

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

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

[obxgal]

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

[mac9]

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!

[DougB]

Trivia ain't what it used to be

[ilovetv]

This is one of several troublesome statements in the waiver:

"This release applies for all future entrances to the premises or this release applies each and every time a person is on the premises."

So let's see. If I signed this before playing table tennis at Laurel Manor, and 3 years later I come to a fundraiser dinner-dance there, this waiver is in effect if I trip, fall and get injured on the dance floor then?

Or, since the waiver I (hypothetically) signed for table tennis had all the details of the table tennis sessions on the form, does the waiver apply only to that particular activity and its timeframe?

[TrudyM]

Originally Posted by redwitch

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.

I know nothing about the law. Redwitch as a legal secretary does what I do make sense to you.
..............
I always cross out and change words in forms I am asked to sign if I don’t like the meaning. Those asking you to sign rarely notice and if they do I just say ask your lawyer it’s my right to modify agreements I am signing to reflect my intent.
........... In this one I would cross out the word whether and write in the word unless. That would change “……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..” To“……or presence at the Activities, suffered before, during or after the Activities, unless caused by the negligence, action or inaction of the Activity Sponsor or otherwise.”

I really don’t like the #2 Indemnify and hold harmless for your guests part. If you Indemnify the villages doesn’t that mean your guest could sue but you would have to pay the damages if they did. Again I would change whether to unless. Or just cross it out. I always cross out the parts I don't like.

My business law prof in college told us to add this line to the college waiver and I have been adding it to every similar one ever since. “In order for this liability wavier to be valid, all due diligence and normal care shall be taken by all parties to this agreement to provide a safe environment for the activities entered into.”

It probably doesn't change things much but makes me feel better. This waiver seems way over the top to me much more strict than any I have ever been asked to sign or have had to ask others to sign in the course of doing business.

Just My Opinion

[aframe]

Originally Posted by Irish Rover

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.

Well said sir...

[Golfingnut]

Originally Posted by redwitch

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.

My legal background tells me that this statement is correct and the original poster is NOT correct. At a minimum, you will be afforded arbitration in the matter of disagreement.

[JourneyOfLife]

What are some typical situations where one is presented this document for signature?

When is it required and when is it not required.

For example, is it required to play golf? Join a club? Attend a club? Use the pool?