Recreation Release Agreement

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  #46  
Old 04-09-2013, 09:07 AM
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I've been handed them at the rec centers and asked to sign them before going in for an activity. I just take the waiver, say I'll sign later and move on. From my understanding, you are "required" to sign one annually. You don't have to sign repeatedly -- the one waiver will be used for any and all activities on TV grounds. (Mind you, this is my understanding, not necessarily a fact.)
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  #47  
Old 04-09-2013, 09:41 AM
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Quote:
Originally Posted by redwitch View Post
I've been handed them at the rec centers and asked to sign them before going in for an activity. I just take the waiver, say I'll sign later and move on. From my understanding, you are "required" to sign one annually. You don't have to sign repeatedly -- the one waiver will be used for any and all activities on TV grounds. (Mind you, this is my understanding, not necessarily a fact.)
I don't remember ever signing one. Asian Three who I have never met but respect mightily said I probably signed one at closing. Bill says he signs once a year...but I can't think WHEN that would be. I think this whole discussion is no more important than a hill of beans.

The legalities are in place so that an opportunist can't take our community to the cleaners.

I jumped on the "new" poster because in the last few weeks anonymous people who could be "trolls" have started threads on here that were either negative, incorrect, pot stirring or who to me and others were misrepresenting themselves as someone they were not and trying to start trouble.

Just think WHY that would benefit other entities.

WHY does that matter to ME? Because this lovely place is MY HOME town. The place that I have come to live my remaining years . I love it here. I think this is absolutely an amazing place where I have learned to do so many new things and enjoy so many old things in a new way...like golf. It is our HOME...not a vacation place but our HOME 365 days a year and we voted with our wallets to live here.

The document is there. Take it to your lawyers. See if they think it is smarmy. Doesn't look like it to me. I am not a sue happy woman. Never sued. Never been sued. Plan to keep it that way.

A hundred thousand of us feel comfortable enough to have moved here. That's about enough anyway.
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  #48  
Old 04-09-2013, 09:41 AM
duffer2 duffer2 is offline
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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.
You are on point. We take unknown risks all the time and they only come to light when something bad happens. I think this would not hold water because it is not negotiated and there is no option to amend. It is an attempt by management to get rid of small claims, however I think an attorney could easily break this. I ALWAYS read the backside of everything I sign. Good post.
  #49  
Old 04-09-2013, 10:42 AM
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Default Recreation Release Agreement

I am the attorney that posted the original post. I understand that the chances of getting injured because of someone elses negligence is slight and because of this many residents will continue to sign these liability release agreements(waiver). Nevertheless, injuries do occur through other peoples negligence and residents who have signed a waiver will have a much tougher time getting compensation. Whether the waiver would stand up in court is debateable but the Villages liability insurance company who would be dealing with the claim would defend the claim on the basis of the signed waiver. At the very least it would impede your right to recover damages. The volunteers who run the various activites would be covered by the Villages liability insurance.
Getting injured in a village activity would only lead to compensation if that injury was caused by negligence.
In my view the simple answer is not to sign the Waiver . The right to participate in activities is because you have paid your amenity fee. Your right to recover compensation for negligence is allowed by the Florida statute which authorised the community development districts. It is unlikely that the villages administration would try to prevent villagers who refused to sign the waiver from participating in activities becuse this would lead to a very expensive law suit against them for interfering with your constitutional rights. Judging by the number of posts lots of residents like myself do not sign these waivers.
Perhaps the P.O.A. should take up this issue. It must cost something to manage all that paperwork
  #50  
Old 04-09-2013, 12:08 PM
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Signing or not signing the liability waiver does not make a bit of difference. It is a de facto agreement.

My advice - enjoy the activities and do not worry about suing someone. Cross that bridge when something happens to you due to another party's neglience.

Remember that the Developer has a legal team that is the best money can buy - much better than any of us who post on this forum!
  #51  
Old 04-09-2013, 12:59 PM
ilovetv ilovetv is offline
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Originally Posted by buggyone View Post
Signing or not signing the liability waiver does not make a bit of difference. It is a de facto agreement.

My advice - enjoy the activities and do not worry about suing someone. Cross that bridge when something happens to you due to another party's neglience.

Remember that the Developer has a legal team that is the best money can buy - much better than any of us who post on this forum!
Class envy should not be brought into it. Any attorney worth his salt in this area of legal practice should be able to interpret and advise on what the waiver entails for his client.

And, the developer's ability to pay for legal teams is no excuse for us to not read what we sign. We have to be our own first advocate and take responsibility for what we sign.

I have sometimes crossed out certain phrases and written in my own wording and initialed it when it's something like this, done on the fly (like starting a class or team sport). It may or may not ultimately hold up in court, but at least we've then shown we're paying attention and not just going along assuming we can claim victim status if there's an injury or damage.
  #52  
Old 04-09-2013, 03:45 PM
paulandjean paulandjean is offline
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Quote:
Originally Posted by LBBLLB View Post
I am the attorney that posted the original post. I understand that the chances of getting injured because of someone elses negligence is slight and because of this many residents will continue to sign these liability release agreements(waiver). Nevertheless, injuries do occur through other peoples negligence and residents who have signed a waiver will have a much tougher time getting compensation. Whether the waiver would stand up in court is debateable but the Villages liability insurance company who would be dealing with the claim would defend the claim on the basis of the signed waiver. At the very least it would impede your right to recover damages. The volunteers who run the various activites would be covered by the Villages liability insurance.
Getting injured in a village activity would only lead to compensation if that injury was caused by negligence.
In my view the simple answer is not to sign the Waiver . The right to participate in activities is because you have paid your amenity fee. Your right to recover compensation for negligence is allowed by the Florida statute which authorised the community development districts. It is unlikely that the villages administration would try to prevent villagers who refused to sign the waiver from participating in activities becuse this would lead to a very expensive law suit against them for interfering with your constitutional rights. Judging by the number of posts lots of residents like myself do not sign these waivers.
Perhaps the P.O.A. should take up this issue. It must cost something to manage all that paperwork
Thanks for clearing this up. Will not sign anything at this time.
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