The Groves Amenity Membership Agreement

NOTE: This document is divided into two (2) parts. Part I defines terms, and addresses other issues related to amenity usage and voluntary participation. Part II sets forth the terms and conditions.

A. DEFINITIONS

As used herein, the terms set forth below shall have the following meanings:

Agreement: This, The Groves Amenity Membership Agreement, which is limited to the type of membership specified in Part II. A. of this document.

Amenities: All amenities, current and future, within the Facilities, which included, but are not limited to, the fire pit(s), fireplace(s), pool furniture, and any lifestyle event supplies.

Association: The Groves Community Association, Inc., a Texas non-profit corporation, its successors and assigns.

Facilities: All of The Groves Amenities, current and future, which include, but are not limited to, the Pool, Pavilions, Lifestyle Center, Fitness Center, Parks, Playgrounds, Trails, Trail Features, Water Amenities, Fishing Poles, Yard Games, etc. as well as any other improvements added to the Facilities by the Association.

Rules: Rules adopted and published by the Association relating to the use of the Facilities and the hours of operation. Members are notified that the Rules may vary as to portions of the Facilities. For example, the Rules relating to the Pool Amenities may differ from the Rules relating to the Pavilion Amenities, including, without limitation, the hours of operation and the maximum number of members entitled to use those amenities at a given time.

B. OPERATION OF THE FACILITIES

The Association owns and shall manage the Facilities. The Association shall determine the hours during which the Facilities shall be available for use and publish the hours of operation in the Rules. The hours of operation may be changed by the Association at any time as it deems necessary or appropriate. The Rules may also include standards of conduct for all members using the Facilities. The Association shall establish a maximum number of members entitled to use the Facilities, or some portion thereof, at a given time. If the Facilities, or some portion thereof, are being used at maximum capacity, the Association shall have the authority to deny access to the Facilities, or the applicable portion thereof, to members until such time that use declines below maximum capacity. In those instances, a member who is not allowed to use the Facilities, or some portion thereof, because use is at maximum capacity, will not be entitled to a refund or credit of any portion of the applicable membership fee. Each member shall be required to sign a document acknowledging the receipt of a copy of the Rules relating to the Facilities. By signing the acknowledgment, the member agrees to be bound by and comply with the Rules, as well as all terms and conditions of the applicable membership plan.

C. ACCESS KEY FOBS

Use of Facility Fobs: Facility Fobs are the property of The Groves Community Association, Inc. and are issued to Residents for their exclusive use. Facility Fobs can only be used by authorized persons 13 years of age or older. The Association may, if deemed appropriate, suspend resident privileges and/or assess fines for improper or unauthorized use of a Facility Fob. A resident 18 years of age or older must accompany all guests while using any facility.

Number of Facility Fobs: Two (2) Facility Fobs will be issued to the Resident(s) of a property in The Groves to gain entry into controlled access Facilities. A Resident may purchase up to two (2) additional Facility Fobs at $25.00 each. A maximum of four (4) Facility Fobs per household in The Groves may be issued.

Lost Facility Fobs: A Resident must immediately report a lost Facility Fob and pay a Lost Fob Fee of $25.00 before a replacement will be issued.

Returning Facility Fobs: A Resident may elect to return Facility Fobs prior to selling their home. All Facility Fobs will be deactivated once the Association receives a request for a Resale Certificate for a property.

D. TEMPORARY SUSPENSION OF AMENITY ACCESS

The Groves Community Association member’s amenity access may be suspended during a period in which the member is not in good standing with the Association. A person is not in good standing with the Association if that person (a) remains delinquent in the payment of the quarterly maintenance charges or other assessments thirty (30) days after receiving written notice of the delinquency from the Association, (b) is delinquent in the payment of a fine levied by the Association, (c) has an unresolved deed restriction violation on his/her lot in The Groves that has progressed to the stage of a notice of violation and/or a fine, or (d) is determined to have provided false information to the Association in connection with an ARC application. If facility and amenity privileges are suspended for a reason set forth in (a), (b), or (c), above, the facility and amenity privileges will not be restored until

The Groves Community Association, Inc. Amenity Membership Agreement

the condition causing the suspension is resolved. If facility and amenity privileges are suspended because the member provided false information to the Association, privileges will not be restored until the expiration of a period determined by the Board of Directors of the Association, in its sole discretion, to be appropriate under the particular circumstances.

PART II.

This Agreement, between the undersigned (“Member”) and the Association, is for all voluntary amenity and facility usage: By executing this Agreement, Member acknowledges that Member has read and understands the foregoing description of the applicable types of amenity and facility usage and all of the provisions relating to the use, rules, key fobs, temporary suspension of access. Member agrees, for himself/herself and for Member’s family members and guests, to comply with all applicable provisions in Part I of this Agreement and the Rules relating to the use of the Facilities or any portion thereof. Member further agrees, for himself/herself and for Member’s family members and guests, as follows:

1. Indemnity/Hold Harmless: The Facilities are primarily recreational facilities managed by the Association. There may not be lifeguards or monitors present at any times during which the Facilities, or some portion thereof, are available for use. Some activities, classes, or programs may involve the use of the equipment at the Facilities, and employees or agents of the Association may provide instructions regarding the use of the equipment. Nevertheless, employees and agents of the Association are not trained to evaluate whether a person is suitable or fit to participate in various activities at the Facilities or to use equipment at the Facilities, or to determine what level of physical exertion may be appropriate for Member, any of Member’s family members, or any guest of Member. By signing this Agreement, Member, for himself/herself, and for Member’s family members and guests, acknowledges that he/she is not relying upon the Association or any employee, agent, or representative of the Association with regard to whether Member or any of Member’s family members or guests are in appropriate physical condition to use the Facilities, or some portion thereof, to use any equipment at the Facilities, or to engage in any type of exercise at the Facilities. BY SIGNING THIS AGREEMENT, THE MEMBER, FOR HIMSELF/HERSELF AND FOR THE MEMBER’S FAMILY MEMBERS AND GUESTS, AGREES TO INDEMNIFY AND HOLD THE ASSOCIATION, CAPITAL CONSULTANTS MANAGEMENT CORPORATION, LH GROVES LLC, AND ASHLAR DEVELOPMENT, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY THE “RELEASED PARTIES”) HARMLESS FROM LIABILITY FROM AND ALL CLAIMS, DEMANDS, DAMAGES, AND COSTS FOR OR ARISING OUT OF: (1) ANY DAMAGE, INJURY, DISEASE, SICKNESS OR DEATH TO MEMBER, ANY OF MEMBER’S FAMILY MEMBERS, OR ANY GUEST OF MEMBER RELATED TO THE USE OR OPERATION OF THE FACILITIES; OR (2) ANY DAMAGE OR LOSS TO PERSONAL PROPERTY CAUSED BY OR RELATED TO THE USE OR OPERATION OF THE FACILITIES. MEMBER UNDERSTANDS, ACKNOWLEDGES, AND STIPULATES THAT THIS AGREEMENT INCLUDES ANY SUCH CLAIMS, DEMANDS, DAMAGES, AND COSTS ARISING OUT OF NEGLIGENCE ON THE PART OF THE RELEASED PARTIES. IT IS THE EXPRESSED INTENT THAT IN SUCH EVENT THE MEMBER, FOR HIMSELF/HERSELF, AND FOR THE MEMBER’S FAMILY MEMBERS AND GUESTS IS TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE.

2. Photographs: The Association may take photographs or video recordings of the Facilities for purposes of illustrating, promoting, or advertising the Facilities or promoting The Groves community. By signing the Agreement, Member, for himself/herself, and for Member’s family members, including minors and guests, consents to the use of all photographs and video recordings of the Facilities which may include photos, recordings, images, or likenesses of Member, any of Member’s family members, including minors, and any of Member’s guests for illustration, advertising, promotional purposes and duplication without any form of consideration or compensation to Member or any of Member’s family members or guests. The use of photographs and video recordings of Facilities will strictly be limited to professional and promotional advertising uses. Member further agrees, for himself/herself and for all members of Member’s family and all guests of Member that neither Member, Member’s family members nor Member’s guest shall have any ownership rights or interest in any photographs or video recordings of the Facilities in which Member, a member of Member’s family or a guest of Member may appear. Member, for himself/herself, and for Member’s family members and guests, agrees to release the Association, Capital Consultants Management Corporation, LH Groves LLC, and Ashlar Development, their respective officers, directors, employees, agents, and representatives from all claims in any manner related to the production or use of photographs or video recordings of the Facilities in which Member, a member of Member’s family or a guest of Member may appear. This Agreement shall not be effective until executed by Member and executed on behalf of the Association.

The Groves Community Association, Inc. Amenity Membership Agreement

The Groves Community Association, Inc. Amenity Membership Agreement