NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. READ THIS AGREEMENT CAREFULLY AND INITS ENTIRETY. THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS
In consideration for my (which shall include my guests, invitees, and licensees) being permitted to participate in the activities and/or use equipment, facilities, or amenities provided by the Skye Ranch Master Association, Inc. (“Association”), Taylor Morrison of Florida, Inc. (“Declarant”), and/or Troon Golf, LLC (“Management Company”) (each of the Association, Declarant and Management Company is hereinafter referred to as the “Community”), I, on behalf of myself, my heirs, spouses and domestic partners, successors, executors, administrators, legal representatives, permitted assigns, and subrogates, agree to the following Assumption of Risks, Waiver of Claims, Indemnity and Release of Liability Agreement (the “Agreement”):
I understand and acknowledge that I have an obligation to ensure that none of my guests, invitees, or licensees participates in the activities and/or uses equipment, facilities, or amenities unless they have first signed and delivered a separate copy of this Agreement to the Community. Furthermore, I understand, acknowledge, and covenant that I am signing this Agreement on behalf of myself and my guests, invitees, and licensees (each reference to “I”, “me”, “myself”, or “my” in this Agreement shall include my guests, invitees, and licensees).
I understand and acknowledge that all activities, events and/or use of equipment or facilities furnished, provided, and/or made available by the Community and all transportation to such activities and events, both on and off the premises owned, operated or otherwise maintained by the Association, Declarant or Management Company (collectively, the “Subject Areas”), including, but not limited to, use of any swimming pool, hot tub, sports court, gym, fitness center, aerobics room and/or any other facilities or amenities provided by the Community and participation in any fitness class, guided bike tour, happy hour excursion, guided bus tour, or any other events, classes, or opportunities promoted, advertised, and/or made available by the Community (each an “Activity” and collectively, the
“Activities”) pose inherent risks, hazards, and dangers to all participants.
I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
a) Injury, including physical and/or psychological injury, illness, paralysis, death, loss or damage to property, or economic and/or emotional loss (collectively, “Injury”);
b) Injury as a result of the Activity itself, the Activity area’s conditions, the acts of others, including third parties and/or other participants, and/or other known or unknown safety hazards; Injury due to conditions of equipment, weather conditions (including temperature extremes), wildlife, road hazards, first aid operations, unavailability of immediate emergency medical care, drowning or other water hazards in water related activities, and/or procedures of the Community and/or others; and other potential risks not known to me or not reasonably foreseeable at this time;
c) Injury that may be caused by the owners, employees, or agents of the Community, or others, regardless of association; and
d) Injury that may be caused by or as a result of various transportation companies or their owners, employees, or agents that provide transportation services for certain Activities.
I understand the risks, hazards, and dangers of these Activities and that these Activities may require good physical conditioning and a degree of skill and knowledge. I acknowledge and agree that I have the necessary good physical conditioning and the degree of skill and knowledge necessary for me to engage in these Activities safely. I understand that I have responsibilities to limit my participation to Activities for which I am fit and qualified. My participation in these Activities is purely voluntary, and the Community does not have any responsibility to review my decision to participate in the Activities presently and/or in the future.
No one is forcing me to participate, and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF THE COMMUNITY WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS, HAZARDS, AND DANGERS.
Prior to participating in any Activity, I agree to seek necessary instruction from any provider of equipment or services relating to the Activities. I agree to use good judgment and closely adhere to any participation rules previously, presently, or subsequently provided to me that may be required or suggested by any provider of equipment or services relating to the Activities, including, but not limited to, abiding by or listening to any further instructions and safety awareness directive provided, including, but not limited to: disclosing my level of prior experience; adhering to minimum age, height, weight, or health restrictions; properly wearing any helmet and eyewear or other related protective equipment required; maintaining minimum distances or speeds required; and abstaining from any drugs or alcohol prior to or during the Activities. I understand that my violation of any safety guidelines may result in immediate forfeiture of my ability to participate further in some or any further lifestyle activities and may result in the loss of all monies paid for the Activity.
The Community may take photographs, film video footage, and collect other images, voice recordings, and/or likenesses of me participating in these Activities. I waive any right of privacy, publicity, compensation, copyright, or other rights to those photographs, videos or footage, images, voice recordings, and/or likenesses (hereafter collectively defined as “Personal Likenesses”) and I consent to the Community using or publishing those Personal Likenesses for any purpose whatsoever and specifically for purposes of advertising or selling. By participating in these Activities and signing below, I understand that Personal Likenesses taken during these Activities may be subsequently used by the Declarant, the Association, or the Management Company and each of their respective affiliates, heirs, legal representatives, agents, and assigns for advertising, selling or any other commercial purposes, which shall include, but not be limited to, the use of periodic photography, video footage, images, voice recordings, and/or likenesses to create and share the Community’s vision, enthusiasm, and legacy lifestyle with its guests, prospective homeowners and/or residents in the Community’s internet and intranet website, social media, and other Taylor Morrison affiliated websites, the Community’s CD-ROM memorializing events, Taylor Morrison or Association newsletters, Taylor Morrison Welcome Centers, and Taylor Morrison public relations/direct marketing and advertising relating to the Community’s lifestyle, charitable pursuits, civic participation and other activities. I agree to allow such uses and waive any rights to pre-approval, royalties, or other compensation arising from or related to the use of the Personal Likenesses (including soundtracks of my voice), which shall remain the sole copyrighted property of Taylor Morrison.
Further, I, for myself, my heirs, spouses and domestic partners, successors, executors, administrators, legal representatives, permitted assigns, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY, AND HOLD HARMLESS, to the fullest extent permitted by law, the Community and its respective employees, agents, officers, directors, shareholders, and any other person or entities acting in any capacity on its behalf (collectively, the “Released Parties”) from and against any and all claims, allegations, actions, causes of action, liabilities, suits, procedures, damages, costs, and expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in an Activity, including, but not limited to, negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these Activities or the use of these services, facilities, or equipment, whether such damage, loss, injury, paralysis, or death results from negligence or fault of the Community, or any of its employees, agents, officers, directors, shareholders and any other person or entities acting in any capacity on its behalf, or from some other cause. I, for myself, my heirs, successors, executors, administrators, legal representatives, permitted assigns, and subrogates further agree not to sue or seek recovery from the Community, or any of its employees, agents, officers, directors, shareholders and any other person or entities acting in any capacity on its behalf, as a result of any loss, claims, damages, property damage, injury, paralysis, or death suffered in connection with or arising from my use and participation in these Activities. I further agree, to the fullest extent permitted by law, that the Released Parties are not in any way responsible for any injury or damage that I may sustain.
I, for myself, my heirs, successors, executors, administrators, legal representatives, permitted assigns, and subrogates, hereby hold harmless and indemnify, to the fullest extent permitted by law, the Community, and any of its employees, agents, officers, directors, shareholders and any other person or entities acting in any capacity on its behalf, from any and all liability for any property damage or personal injury to any third party in any way whatsoever resulting from or relating to my participation in the Activities.
Any litigation or other dispute involving me or the named parties in this Agreement relating to the subject of this Agreement shall be brought solely in the County and State in which the Subject Areas are located, and governed solely by the law of the State in which the Subject Areas are located and the applicable federal law (collectively, the “Governing Law”). I acknowledge and agree this Agreement is written to be as broad as legally permitted by the Governing Law and reflects the entire agreement of the parties. The terms of this Agreement shall cover, pertain to, and be binding on each and every occasion presently and in the future that I or any of my guests, invitees, or licensees participate in the Activities. The Agreement may be modified, but only by a written modification executed by all parties. If any term of provision of the Agreement is deemed invalid, illegal, or unenforceable in any respect, this Agreement shall be construed without the effect of such term or provision, and this Agreement shall continue in full force and effect, and I shall continue to be bound by this Agreement, but without giving effect to such term or provision.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND FREELY AND VOLUNTARILY SIGN THIS AGREEMENT. IT IS MY INTENTION TO EXEMPT AND RELIEVE, TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAWS, THE COMMUNITY, AND ANY OF ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ANY OTHER PERSON OR ENTITIES ACTING IN ANY CAPACITY ON ITS BEHALF, FROM LIABILITY FOR PERSONAL INJURY, PSYCHOLOGICAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE I AM GIVING UP CERTAIN SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN INCIDENT