1. USE OF OHVs: Owner agrees that the use of their OHV within the LACC development (the II Development") shall be in compliance with all LACC restrictions on the use of roads, OHVs, and golf carts. These restrictions include, but are not limited to, the following:
3.2.1 Unless otherwise posted, the speed limit within LACC is 25 MPH.
3.2.5 Off Highway Vehicles (OHVs) may only be operated on LACC roads with the following requirements (see Section 3.7.2. for operation of golf carts on the golf course):
3.2.5.1 Acceptable OHVs include ATVs and Sides x Sides for LACC roads are also defined as 4-wheel OHV base models. Sand buggies, Sand Rails, 3-wheel OHVs, and dirt bikes are NOT included in the acceptable OHV category
3.2.5.2 OHV must be designed and operated in compliance with California Vehicle Codes and LACC rules.
3.2.5.3 OHV must be owned by and registered to a LACC member. Owners may only operate one registered OHV per property on LACC roads.
3.2.5.4 OHV must be registered for off-highway use in the state of residence of the LACC member. Residents of CA must be registered and have a “green” sticker. Out of state OHVs must be registered in the state of origin and comply with California’s green sticker standard.
3.2.5.5 OHV must be registered annually by May 1st and adhere to a decibel meter (DBA) noise limit and test by LACC Security Department.
3.2.5.6 OHV registration is limited to 180.
3.2.5.6.1 Owners/members of previously registered OHV vehicles, which were originally included in the 180 maximum, must reregister by May 1st every year with the LACC Security Department, with proof of insurance, or they will no longer be included in the 180 maximum.
3.2.5.7 Member shall submit proof of liability insurance on the OHV in a form satisfactory to LACC at the time of registration.
3.2.5.8 OHV must clearly display a current LACC sticker as affixed by LACC staff at time of registration.
3.2.5.9 OHV must be operated on LACC roads by a person having and carrying a valid, state issued driver’s license.
3.2.5.10 Full-cage OHVs with seatbelts for each passenger will not require the wearing of a helmet; all occupants must be seated in an assigned, permanent manufacturer installed seat and seat belts must be worn at all times. People on all-terrain type vehicles, such as quads and motorcycles, that are straddled must wear a CDOT approved helmet.
3.2.5.11 In addition to all other requirements, all such OHVs operated within LACC are subject to the same CVC traffic laws as those enforced for passenger cars and trucks. This includes, but is not limited to, speed limits, stop signs, reckless driving, etc. Violations will be stringently enforced and may involve fines and loss of use privilege.
3.2.5.12 OHVs may only be operated on the paved portion of a LACC roadway. OHVs may not be operated on non-paved roadways, recreation areas, beaches, lawns or other areas that affect others by causing noise, dust, and/or property damage.
3.2.5.13 Member-owner of OHV is responsible that their family members, guests and invitees operate said OHV in a safe and respectful manner in compliance with all laws and rules.
3.2.5.14 Damage done to LACC or private property caused by the use of such OHVs, regardless of the operator, is the responsibility of the member-owner.
3.2.5.15 In addition to fines addressed in the fine schedule, all violations of rules in this section will accrue to the member-owner of the OHV involved in the violation, regardless of the violating operator. The first offense would include a citation and fine. A second offense, within 2- years, would result in loss of use in LACC for one year; at the end of the one-year suspension, the member’s position within the 180 OHV limit will be held, and the member may register his/her OHV. The third offense will result in permanent loss of use in LACC.
3.2.5.16 Member/owner will sign a waiver releasing LACC of all liability. Members and their guests will operate these OHVs in LACC at their own risk. Members will sign a hold harmless agreement prepared by LACC at time of registration.
3.2.5.17 LACC shall create a waiting list for members who did not qualify for the 180 OHV limit.
3.2.5.18 If a currently registered OHV drops off of the list, the position held of 180 will be offered to the next member on the waiting list until the position is filled.
3.2.5.19 LACC shall place large signs at both gates warning OHV not to travel outside the club, or they may be fined and risk having their OHV impounded.
3.2.5.20 Rules Section 3.1.3.
3.2.5.21 Members will not allow renters to use, drive, and/or operate their OHVs.
3.2.5.22 An appeal process will be applied if a guest uses a homeowner’s OHV, with or without permission, and breaks the above terms.
3.2.5.23 Exclusions: OHVs, not used on LACC roads, are not part of the one registered OHV per household.
The undersigned further agrees to abide to the entirety of rules regarding OHV’s
2. INSURANCE: The undersigned agrees that their OHV is insured under a liability insurance policy that covers the operation of the OHV in the Common Area, which includes operation on roadways in the Development.
3. DAMAGE: The undersigned agrees that I am responsible for any damage or harm to LACC and Common Area associated with the operation of my OHV. The undersigned's responsibility extends to and includes the operation of my OHV by members of my household, including any dependents, minors, and guests, and including those individuals that are not eligible to operate an OHV under LACC's restrictions.
4. RELEASE OF CLAIMS: The undersigned, on my own behalf and on behalf of my heirs, personal representatives, successors, and assigns, for and in consideration of the opportunity to operate an OHV on the Common Area, which is operated by LACC and its officers, directors, employees, facilitators, instructors, trainers, staff, and agents ("Released Parties") releases and holds harmless Released Parties from any and all claims, demands, rights, and causes of action of any kind whatsoever which I now have or later may have against Released Parties in any way resulting from, arising out of, or in connection with the performance of their duties and my use of an OHV on the Common Area.
This Release extends to any and all claims I have or later may have against Released Parties resulting from or arising out of their performance of their duties, whether or not such claims result from negligence on the part of any or all of Released Parties with respect to the Common Area or with respect to the conditions, qualifications, instructions, rules, or procedures under which the Common Area is operated.
I UNDERSTAND AND AGREE NOT TO SUE ANY OR ALL OF THE RELEASED PARTIES FOR ANY INJURY, HARM, OR DEATH RESULTING TO MYSELF OR OTHERS ARISING FROM OR IN CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES IN OPERATING THE COMMON AREA OR MY OPERATION OF AN OHV IN THE COMMON AREA OR THE OPERATION OF AN OHV IN THE COMMON AREA BY MEMBERS OF MY HOUSEHOLD, INCLUDING ANY DEPENDENTS, MINORS, AND GUESTS, AND INCLUDING THOSE INDIVIDUALS THAT ARE NOT ELIGIBLE TO OPERATE AN OHV UNDER LACCS RESTRICTIONS.
5. ASSUMPTION OF RISK: The undersigned expressly agrees to assume the entire risk of any accidents, personal injury, or other harm, including death, which I may sustain to my person or property as a result of my use of an OHV in the Common Area, including risks inherently associated with the use and operation of an OHV and any negligence (except willful neglect) on the part of any or all of Released Parties in performing their duties to the Development and LACC.
I agree to comply with all rules imposed by Released Parties regarding the use of an OHV in the Common Area. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using the Common Area and an OHV in a manner inconsistent with its intended design and purpose. I agree that all these promises in this Section 5 shall also apply to all persons that use my OHV, and I shall be responsible for any liability associated with their operation of an OHV because I have assumed the risk of harm associated with their use of an OHV in the Common Area.
I understand and acknowledge that Released Parties do not provide supervision, instruction, or assistance for the use of an OHV. I understand, acknowledge, and agree that the use of an OHV in the Common Area is voluntary and involves risk of serious injury to myself and others, including permanent disability or death; property damage; or other injury. I understand and agree that the Released Parties are not responsible for property that is lost, stolen, or damaged while in, on, or about the Common Area.
6. INDEMNIFICATION. The undersigned shall indemnify, defend, and hold the Released Parties harmless from all claims, actions, liabilities, and damages, including attorneys' fees and litigation costs, (collectively, "Claims") relating to the use of an OHV in the Common Area by the undersigned and members of the undersigned's household, including any dependents, minors, and guests and including those individuals that are not eligible to operate an OHV under LACCs restrictions.
BY SIGNING THIS RELEASE, I CERTIFY THAT I HAVE READ THIS RELEASE OF CLAIMS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND IT AND THAT I AM NOT RELYING ON ANY STATEMENTS OR REPRESENTATIONS MADE BY THE RELEASED PARTIES AND AGREE TO THESE TERMS AND CONDITIONS. I AGREE THAT IF ANY PORTION IS HELD INVALID, THE REMAINDER WILL CONTINUE IN FULL LEGAL FORCE AND EFFECT. YOU MUST GO TO CLIFFORD GATE TO PICK UP YOUR STICKER AND VERIFY INFORMATION.