Talk of The Villages Florida - Residents required to sign waiver absolving Villages of responsibility for injury!

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- - Residents required to sign waiver absolving Villages of responsibility for injury! (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/residents-required-sign-waiver-absolving-villages-responsibility-injury-326989/)

It's always comical to me to see these posts. People talk about suing "The Villages", what they don't realize is they would not be suing the developer (they're probably laughing at the original post and many others) but would in fact be suing the Community Development District(s), and the deep pockets they're going after would be their own pockets. All the rec centers and other public facilities north of SR44 are owned by one CDD or another, and we as the residents fund these CDDs either directly or indirectly.

Yes, they have insurance (with high deductibles), and the insurance would pay, and in turn raise their rates, guess who will pay the higher rates, yep, the residents.

Of course, the insurance company will also come back with changes to limit their risk; someone gets hurts dancing and sues, and maybe wins, maybe not, either way the insurance company will come back and say they won't cover dancing anymore and dancing ends (just a hypothetical example). Happens all the time, it's happened here. The Lifelong Learning College got sued because a group of residents weren't content with the level of reasonable accommodations offered and provided, sure they won, and in response the developer decided it wasn't worth their effort and shut the LLC down. (Yes, I know, there are a lot more details, this is just the basic summary of the issue so please save the ridicule, I have nothing against the hearing impaired, it's just an example). In the end, the residents lost.

Yes, these waivers of liability may have thin legal standing, but they do have some standing and they do help discourage frivolous lawsuits.

Let’s face it we’re old and injure easily

We need waivers like this to protect TV from frivolous law suits. Which we are TV, we pay the costs of everything. We would pay for any law suit award through higher prices.

I do not agree with OP. I am happy to assume responsibility for my own actions, and the freedom to choose how hard I want to push myself, or how close I stand to a pickle ball net waiting for a smash.

Don’t sign …don’t play

I have lived here 10 years and this waiver has always been in place for all types of sports in The Villages.
You are not forced to play

This is normal and we all have been doing this for decades. Each time you buy a snow ski ticket for decades, you are agreeing to their waiver.
There are people out there that will try to get injured so they can get a quick buck.
There are ways to hold the owner responsible for liability but I haven’t seen how you can hold the villages responsible, they are providing a safe environment for us to play in

OP, welcome to the 21st Century

BTW, if you go back and take a look at history, you'll find that our "founding fathers" were bringing each other to court all the time for various breaches

we only need lawyers because the other guy has a lawyer

Quote:

Originally Posted by jump4 (Post 2036686)

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:”

Apparently if you have sign this you are saying you won't sue even if its their fault. I never sign one and have Dan Nonland on speed diel.

Quote:

Originally Posted by mydavid (Post 2037114)

Apparently if you have sign this you are saying you won't sue even if its their fault. I never sign one and have Dan Nonland on speed diel.

:icon_wink: Anything like having Dan Newlin on speed dial? :popcorn:

Quote:

Originally Posted by jump4 (Post 2036686)

There is a need to keep their attorneys busy now that the ROGUE employees have been caught!!!

Quote:

Originally Posted by mkjelenbaas (Post 2037126)

There is a need to keep their attorneys busy now that the ROGUE employees have been caught!!!

:ohdear: Sorry, but you really don't have a clue. This has NOTHING to do with the Developer. As stated in post #46 this is your District Government asking you to sign the waiver.

If some people spent as much time educating themselves (before buying here would have been nice) as they do hating....... well, this would be a better place. :ho:

Not sure if a person dies of gross negligence
their heirs are bound by this contract and go after them because they didn’t sign off on this .
The staff could be charged with a crime .

Talk To Your Amenities Rep

Most of the the recreation facilities in the northern 2/3 of The Villages have been deeded over to the residents, who are represented by officials they elect. I suppose that they keep the release from liability form requirement in place to protect your interests in the facilities you own.

What would happen if without having protection from those forms, someone sued the Recreation Department over an issue regarding a facility owned by the residents and won the suit. If there was a large award, as is so common these days, where would the money to pay the legal award come from? A large increase in your amenities fee? The sale of recreation facilities to get the money needed to settle the suit? Closure of facilities because paying employees after settling the lawsuit couldn’t be afforded?

Nope, I’ve been signing those waiver forms for years. I hope the Amenities committees don’t change a thing regarding protecting our facilities and our Rec employees from spurious lawsuits!

Quote:

Originally Posted by mkjelenbaas (Post 2037126)

There is a need to keep their attorneys busy now that the ROGUE employees have been caught!!!

Quote:

Originally Posted by CWGUY (Post 2037133)

Have to agree with CW, an ignorant post.

release of liability for serious injury due to negligence

I am surprised by responses referring to “your outrage”. My post did was not intended to convey any outrage. I simply asked question. I appreciate those folks who responded with respectful and constructive comments. Based on those comments and many other unhelpful comments I want to provide some additional context and clarification.

My post did not mention the “developer”

I am opposed frivolous law suits. I have never filed a lawsuit.

I agree the Villages works hard to provide a safe environment for us to play in.

I agree it’s not the villages’ responsibility to protect us from our own stupid actions.

I appreciate the rare humorous comment such as “Everyone must sign one to come into my house.”

The responses included divergent viewpoints. Some responses said these broad releases are enforceable, whereas other posters provide precedent where they were upheld. One poster said “Florida Supreme Court has ruled broad waivers are legal.” whereas another said “…I'm confident that a competent personal injury lawyer would make a good legal case to hold the Villages responsible”

I too have signed many waivers over the years. My concern is not with signing an appropriate waiver. My only concern with this waiver is the part that says the district government cannot be held responsible even if it is their fault, i.e. caused by their “negligence, action or inaction.”

I clarify my question as follows: Is it appropriate for the District government to require residents to sign a broad release of liability for serious injury due to the negligence, action or inaction of the district government?

All those that passed the bar exam should respond……………

Years ago, in my town up north, I was a member of. a country club. For years there had been a 10' high diving board. One day a teenager was goofing around on the board. The lifeguard told her to stop horsing around. She didn't. This continued back and forth. Eventually the lifeguard kicked her out of the pool, and out of the pool area. She defied the lifeguard, went back up the ladder, did her silly dance and fell of the board onto the concrete. She got hurt. Not catastrophically, but hurt.
Of course, her family sued the country club, and one of the results was the diving board disappeared. It had been there for kids to enjoy for decades. It took one spoiled child to make it disappear.

The other day I went to play pickleball and the courts were wet. I chose not to play on the slippery courts, for fear of injury. Others played. Without such a waiver, had someone injured themselves due to their own decision, the owners of the court (you and I) would be much more likely to get sued, and some slick lawyer would make the argument that it was the duty of whoever owned the courts to have them locked up when conditions were "unsafe". If everyone who got hurt playing pickleball could sue, having that amenity would become impossible.
I've heard from lawyers that you really can't sign away your right to sue, but to have a signed waiver makes it much harder to get a frivolous suit very far down the road.