[jump4]

The new Villages online registration system (Online Services) for recreation, enrichment academy, etc. requires signing the following full general release and waiver. This document releases the Villages of all responsibility for losses, injury, or death “whether or not caused by the negligence, action or inaction of the Released Parties.”
How is it appropriate to require residents to agree to such a broad release of liability?

“I have read and agree to 2021 UNCONDITIONAL AND FULL GENERAL RELEASE.
Waiver
UNCONDITIONAL AND FULL
GENERAL RELEASE
In consideration of being permitted to participate in activities and events (each, an "Activity" and collectively, the "Activities") sponsored, promoted, held, or conducted by or on property owned by Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District, any of Village Community Development District Nos. 1 - 13, Holding Company of The Villages, Inc., The Villages of Lake-Sumter, Inc., The Villages Land Company, LLC, The Villages Operating Company, North Sumter County Utility Development District, and the State of Florida Sports Foundation, (collectively, the "Parties"), I, for myself and for my executors, administrators, personal representatives, assigns, heirs, and next of kin HEREBY:
1. RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE the Parties and any sponsor, advertiser, and promoter of any Activities, or events of such entities (collectively, District Activity or Activities), and any owner or lessee of the premises where the District Activity, or volunteer RLG meetings, events, or other volunteer RLG activities (collectively, volunteer RLG Activity or Activities) are held or conducted, and each of them their officers, directors, members, executives, agents, employees, affiliates, representatives, successors and assigns (collectively, with the Parties, the "Released Parties") 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, involvement, or presence at any Activity suffered before, during or after any Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or other individual or entity. This Release shall apply to all future participation in the Activities and remain in force and effective until specifically revoked in writing.
2. INDEMNIFY Released Parties 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 any Activity, whether caused by negligence, action or inaction of Released Parties or other individual or entity.
3. ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, AND PROPERTY DAMAGE arising out of or in any way connected with my participation or involvement in or presence at any Activity suffered before, during or after such Activity, and whether or not caused by the negligence, action or inaction of the Released Parties or otherwise. I understand my participation and involvement in or at any Activity carries the risk of injury, death, and property damage, and I accept and assume that risk fully, freely and voluntarily. The Released Parties have made no representations or inducements regarding the safety of persons or property at or in connection with the Activities.
4. AGREE 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 continue in full legal force and effect.
5. AGREE this Release is intended to apply to me and my guest's participation or involvement in or presence at any Activity.
6. IRREVOCABLY GRANT to Released Parties the right and permission to use pictures, photographs, movies, images, videos, recordings, or motion pictures taken of me or my property (collectively, the "Images") and any statements, quotes, recordings or testimonials made by me (collectively, the "Testimonials"); to copyright the Images and Testimonials in Released Parties' own name or in any name Released Parties may choose; to use, re-use, publish, display or reproduce the Images and Testimonials in any medium and for any commercial purpose whatsoever, ; to use my name in connection with the use of any such Images or Testimonials. I waive any rights to inspect or approve the Images or the Testimonials. I release and forever discharge the Released Parties from any and all claims and demands arising out of or in connection with the use of the Images and the Testimonials. I waive any right, title or interest in or to the Images or Testimonials and acknowledge that the Released Parties are the sole and absolute owners thereof and of any printed material, electronic media, negatives, film, video tape or audio tape containing such Images and 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 atmosphere. Every individual who participates has the right to be treated with respect. No one should be disparaged or criticized in front of participants, teammates, guests, or spectators. Please bring your complaints or concerns to a recreation department representative. The representative may investigate and address any concerns. I agree my participation or involvement in or presence at any Activity is a privilege rather than a right, and Released Parties reserve the right within their 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. I AGREE THAT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SHALL REMAIN IN EFFECT AS TO EACH RELEASED PARTY UNTIL RELEASED IN WRITING BY THE RELEASED PARTY.
Participant/Releasor Signature:”

[Bjeanj]

I don’t agree with your outrage. Most, if not all of the activities here are out of TV’s control. There are relative safety precautions in place, such as at the archery range. We’re all adults here. I’m also thinking this is the normal hold harmless anywhere.

[tophcfa]

Unfortunately, there are people out there that look for, or worse yet create, reasons to go after anyone with deep pockets. Who can blame one for protecting themselves from these types of gold digging lawsuits.

[CWGUY]

Waiver is not new.....OP is.

[Garywt]

Anything and everything has some type of waiver or release or whatnot. For me it comes down to do you want to do it or not. I rarely read anything and generally sign everything. If you don’t agree and sign then you can’t go, participate, get or whatever the item is. Where it a mortgage, a loan, a campsite, boat dock, online purchase or activity you either sign or go home, your choice. I use to laugh when working, I would offer someone a 1/2 million dollars for a job and they would make changes to the terms and conditions so I then could not give them the money. It was sign or walk away.

[retiredguy123]

In my experience, that form has always been available in the rec centers, and a new one is printed every year. But, there is no requirement to sign it to participate in the activities. If it is a "requirement", the enforcement is extremely weak or non-existent. But, I have never used the online registration system for activities.

[Luggage]

Generally whether you sign this or not Lawyers , courts, find these broad forms to be unenforceable

[NotGolfer]

As another stated here....waiver not new and don't worry about it.

[Dgodin]

We've signed these waivers before but they were on paper. Required annually and distributed through volunteer activity coordinators (volleyball pickleball, beach tennis, etc).
I recently signed a waiver in Albuquerque, NM to go to an indoor play area with the grandkids.
Pretty standard.

[34gunner]

You don't have to agree. In fact you don't have to live here.

[Babubhat]

Florida precedent case .

Theis v. J & J RACING PROMOTIONS, 571 So. 2d 92 – CourtListener.com

While exculpatory clauses are not looked upon with favor, they are valid and enforceable when clear and unequivocal. Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equipment Co., 374 So. 2d 487 (Fla. 1979); University Plaza Shopping Center, Inc. v. Stewart, 272 So. 2d 507 (Fla. 1973); L. Luria & Son, Inc. v. Alarmtec International Corp., 384 So. 2d 947 (Fla. 4th DCA 1980); Middleton v. Lomaskin, 266 So. 2d 678 (Fla. 3d DCA 1972).

The release and waiver signed by the decedent clearly excused appellees from liability for acts or omissions resulting from their own negligence "or otherwise." Since the term "negligence" as used in the release is not limited, it must be construed as intended to encompass all forms of negligence, simple or gross. A release using similar language has been held to exculpate from gross negligence, with only intentional torts not being held subject to such an exculpatory clause. L. Luria & Son, Inc. v. Honeywell, Inc., 460 So. 2d 521 (Fla. 4th DCA 1984).

The summary judgment is affirmed.

LEHAN and THREADGILL, JJ., concur.

[thevillages2013]

I sign one very similar to that annually when I renew my membership at TV fitness centers

[Petersweeney]

Read the back of a Disney ticket….these waivers are against “public policy” and unenforceable….otherwise owners wouldn’t provide a safe environment for the public….

[ThirdOfFive]

I don't share the outrage. The litigiousness of our society is totally out of bounds as it is.

[paulajr]

Been done as long as we’ve lived here…no big deal.