SONOMA HOMEOWNERS ASSOCIATION ACKNOWLEDGMENT AND WAIVER
This consent and waiver (“consent”) is made and executed by the undersigned named and designated Owner(s) (“Owner”).
As a condition imposed by the Board of Directors for the Sonoma Homeowners Association prior to permitting Owner access to, and a card key for entry to the Swimming pools, Owner acknowledges and agrees as follows:
1. Owner is the owner of residence (“Residence”) located in Round Rock, Texas.
2. Owner acknowledges that all lots in the Subdivision are subject to that certain Declaration of Covenants, Conditions and Restrictions for Sonoma. (“Deed Restrictions”). Owner has been provided with a copy of the Deed Restrictions.
3. As an Owner of a lot in the Subdivision, Owner is a member of the Sonoma
Homeowners Association (“Association”). As a member in of the Association,
Owner is entitled to use and enjoy the Recreation and Pool Areas of the
Subdivision, (“Amenities”), which include, but are not limited to, the Swimming
pools, Playgrounds and Parks. Owner’s rights and privileges with respect to the
Amenities are subject to the terms and conditions of the Deed Restrictions and
any and all rules (“Rules”) promulgated by the Board of Directors of the
Association regarding the use and enjoyment of the Amenities. Owner has been
provided with a copy of the current Rules.
4. Owner acknowledges that Owner has been advised that the use of the Amenities
by Owner, Owner’s family (including children) and Owner’s guests requires
following all of the Rules regarding the safety and welfare of all persons using
the swimming pool. Owner has been advised that when no lifeguard is on duty
at the swimming pool, that the safety and welfare of Owner, Owner’s family and
guests will depend on following all Rules regarding the use of the swimming
pool. Owner agrees to be responsible for compliance by Owner, Owner’s family
and guests. Owner agrees that failure to comply with the rules can result in
suspension of Amenities privileges.
5. Owner is 18 years old or older.
6. Owner understands that a swimming pool is hazardous to those persons who
have not been trained to swim, or whose condition renders them unable to swim
7. Owner will not allow anyone else to use Owner’s card key in order to gain
access to the swimming pool, nor will Owner allow any minor to use Owner’s
key in order to gain access to the swimming pools.
8. Owner will not assist anyone else in gaining access to the swimming pools,
unless he or she has signed this Agreement.
9. Owner, Owner’s family and guests will not tamper with any lock, prop open the
gate, or take any other action which would allow free access to the swimming
pools by any person.
10. Owner will not cause Owner’s card key to be duplicated.
11. Owner, on behalf of Owner, Owner’s family and guests, hereby waived any and
all claims against the Association, members of the Board of Directors for
Sonoma Homeowners Association, the Declarant under the Deed Restrictions
(“Declarant”), Ascension Prop Management LLC. (“Managers”), or any other lot
owners in the subdivision (all above mentioned parties collectively defined as
“Association Parties”), for any injury to, or death of, any person, or any
damages to any property, in, upon or about the Amenities, arising at any time
and from any cause, except to the extent and only to the extent, that any such
death, injury or damage is caused by the negligence of willful misconduct of that
12. In consideration of being permitted to use the Amenities, Owner agrees to
indemnify and hold harmless each of Declarant, the Association, the Board of
Directors for the Sonoma Homeowners Association and Ascesnion Prop Mgmt LLC, their respective Directors, Officers, shareholders, partners, members,
employees, agents, parent, subsidiaries, successors and assigns from all loss,
liabilities, damages and costs (including attorney’s fees and court costs) that any
or all of the Association Parties may suffer or incur as a result of Owner’s,
Owner’s family or guests or tenants of the Amenities, or as a result of Owner’s
failure to comply with this Agreement.
13. Owner executes this agreement on behalf of himself, and on behalf of his estate,
heir, executors, administrators, the Board of Directors for Sonoma Homeowners
Association and Ascension Property Mgmt, their respective Directors, Officers, shareholders, partners,members, employees, agents, parent, subsidiaries, successors and assigns.Owner expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that, if any portion
for this Agreement is held invalid, the balance shall; notwithstanding, continue
in full legal force and effect.
Owner/Sonoma resident has carefully read this Agreement, knows the content of this Agreement, and Owner/Sonoma resident signs this Agreement as his/her own free act.