This Tennis Court Access Agreement (herein the “Agreement”) is entered into between Community Association (or other property or cooperative association of owners) shown below (the “Association”) and the owner, or person authorized to engage in this agreement on owner’s behalf, including owner’s tenant, guests, or invitees (collectively referred to herein as “Grantee”) of property identified herein, whether such owner is a person, corporation, partnership, or other legal entity being granted access to an Association facility and/or purchasing an access device for use in relation to an Association facility. The Association and Grantee are sometimes collectively referred to herein as the “Parties.”
EFFECTIVE DATE: This Agreement is to be effective as of the date shown below.
CONSIDERATION AND RECEIPT: This Agreement is entered into for the consideration of the representations, warranties, covenants, and agreements contained herein, and
for other good and valuable consideration, including access to facilities that may be conditional by Association rule on the receipt of this signed agreement, payment of assessment, and payment for and/or receipt and programming of access device(s), the receipt and sufficiency of which is hereby acknowledged.
AUTHORITY: The undersigned signatories to this Agreement hereby represent and warrant that they are legally authorized to sign this Agreement and other contracts on
CONSENT TO ELECTRONIC SIGNATURE: Parties hereby agree and consent to use of an electronic signature in lieu of a wet signature and agree that such any signature or
process in lieu of signature is fully enforceable. Records of agreements may be maintained by Association pursuant to records retention policies and such records are fully admissible in any legal proceeding.
HOLD HARMLESS AND INDEMNIFICATION: GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY, AND SAVE ASSOCIATION, INCLUDING ASSOCIATION’S DIRECTORS, OFFICERS, AGENTS, MANAGING AGENT, EMPLOYEES, VOLUNTEERS (COLLECTIVELY REFERRED TO HEREIN AS THE “INDEMNITEES”), FROM AND AGAINST ALL CLAIMS, DEMANDS, ANDOF EVERY KIND AND CHARACTER WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, OR THE NEGLIGENCE OF ANY PARTY OF PARTIES, CAUSES OF ACTION OF EVERY KIND AND CHARACTER, INCLUDING BUT NOT LIMITED TO LOSSES, COSTS, EXPENSES, ATTORNEY’S FEES, AND DAMAGES INCLUDING THE NEGLIGENCE OF INDEMNITEES, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT ARISING OUT OF OR IN CONNECTION WITH GRANTEE’S ACCESS TO OR USE OF FACILITIES, INCLUDING BUT NOT LIMITED TO, DEATH, DROWNING, INJURY TO ANY PERSON OR GRANTEE, OR ANY OTHER CAUSES OF ACTION.
IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, THAT THE INDEMNITY PROVIDED IN THIS SECTION IS AN INDEMNITY BY GRANTEE TO INDEMNIFY AND PROTECT THE INDEMNITEES FROM THE CONSEQUENCES OF GRANTEE’S OR THE INDEMNITEES OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE, OR
A JOINT OR CONCURRING CAUSE OF THE INJURY OR DAMAGES. GRANTEE’S OBLIGATION TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE INDEMNITEES SHALL
SURVIVE THE TERMINATION OF THIS AGREEMENT.
ASSUMPTION OF RISK AND WAIVER OF NOTICE: Grantee acknowledges, on behalf of Grantee, that this is a play-at-your-own-risk facility at all times, and assumes all risk
associated with use of tennis court facility with knowledge that risks include possible injury or death due to slip and fall, or other peril. Grantee hereby acknowledges Grantee has received, has read, and fully understands the tennis court rules, guidelines, and other restrictions and hereby accepts them and agrees to abide by them. Grantee hereby acknowledges that failure to abide by the tennis court rules and guidelines may result in suspension of tennis court privileges. Grantee hereby accepts all
responsibility for any family members, guest, or invitees using the tennis court. If Association uses tennis court access devices, grantee hereby waives statutory
requirement of notice prior to deactivation of any tennis court access device for nonpayment of Association dues or other fees and accepts this notice in lieu of
certified notice. Grantee understands and agrees that any tennis court device may be deactivated if Association dues or other fees are not in good standing. Grantee
hereby acknowledges that the tennis court access device(s) are under no warranty and have been advised that the device(s) are not waterproof. DO NOT WET DEVICE(S
SEVERABILITY: If any provision of this Agreement is held to be partially or completely contrary to law, and/or unenforceable, this Agreement shall be deemed to be
amended to partially or completely modify such provision, or portion thereof, to the extent necessary to make it enforceable; or, if necessary, this Agreement shall be deemed to be amended to delete the unenforceable provision or portion thereof. In the event any provision is deleted, the remaining provisions shall remain in full force and effect. All obligations under this Agreement shall survive the expiration or termination of this Agreement to the extent required for their full observance and performance.
WARRANTY AND EXCHANGE POLICY: Fees for tennis court access device(s) are non-refundable. In the event of a manufacturer malfunction, the device may be exchanged at no cost within 15 days of the original purchase.