Steele Creek Onboarding Questionnaire and Agreement

COMMON AREA / FACILITY RELEASE

I / we ("I" / "my") am a member(s) of the Steele Creek Residential Community Inc. (the "Association") and am registering for use of the Common Area facilities of the Association (the "Facilities"). Each member has access to the Facilities subject to the rules adopted by the Association regarding the use of the Facilities. The Association maintains the Facilities within Steele Creek. I understand that the Facilities are owned and/or maintained by the Association and that Continental Homes of Texas, L.P., a Texas limited partnership (collectively referred to herein as "CHTEX" which shall include all of CHTEX's subsidiaries, affiliates, partners, directors, shareholders, officers and employees) or the Association does not, by provision of these Facilities, assume any responsibility or liability to me, my children, tenants/occupants or my guests, and I undertake such use AT MY OWN RISK. Furthermore, I accept the current and future condition of the Facilities and the property on which the Facilities are located (the "Property") as is and with all faults. I understand that the Association and CHTEX makes no implied or express representations or warranties of any kind whatsoever regarding the Facilities and the Property, the compliance of the Facilities and the Property with any applicable law, or the fitness for any use by me or my children, my tenants/occupants, agents, guests, and invitees. I understand that no affirmation of the Association or CHTEX, by words or actions, shall constitute a warranty of any kind whatsoever. In addition, I understand that the Association or CHTEX shall not be liable to me or my children, my tenants/occupants, agents, guests, and invitees, or any third party for any damage to person or property proximately caused by any of my acts, omissions, or neglect, or the acts, omissions, or neglect of my children, my tenants/occupants, agents, guests, or invitees, and I agree to indemnify and hold harmless the Association and CHTEX from all claims, demands, actions, suits, and liabilities, of any kind whatsoever, for any such damage. I understand that the Association and CHTEX shall in no event be liable for any damage to person or property proximately caused by any act, omission, or neglect of the Association or CHTEX, or their directors, officers, employees, or agents. I HEAREBY RELEASE, ON BEHALF OF MYSELF AND ANY MINOR CHILD TO WHOM I AM GUARDIAN, AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, CHTEX, THE ASSOCIATION, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM LIABILITY FOR ANY CLAIMS WITH RESPECT TO THE FACILITIES OR THE PROPERTY. I UNDERSTAND THAT I WILL BE FINANCIALLY RESPONSIBLE FOR ANY DAMAGE THAT I OR MY TENANTS/OCCUPANTS, GUESTS, ETC., MAY CAUSE TO THE FACILITIES.

 

RESIDENT INFORMED CONSENT AGREEMENT

The Management Team requests, Per the Steele Creek Community Manual, your understanding and cooperation in maintaining both your and our safety and health by reading and singing the following Consent Agreement.

As a resident of the Steele Creek Residential Community, Inc., I declare I intend to use some or all of the facilities offered by Steele Creek Residential Community Inc., including but not limited to, the fitness center, swimming pools, water features, Basketball court, and other program events and meeting rooms (either presently existing or anticipated for future construction) and to participate in events sponsored from time to time by the association (the "Events"). All of these activities and programs are collectively referred to as the "Facilities." In consideration for being allowed to use the facilities and participate in events (collectively, the "Activities"), I declare as follows:

1.   I understand that each individual, myself included, has a different capacity for participating in such activities and services. I assume full responsibility during and after my participation for my choices to use or apply, at my own risk, any portion of the information or instruction I receive. I have read and agree to comply with the written rules and regulations for use of the facilities.

2.   I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care, and skill with which I conduct myself in the activity and/or program. I acknowledge that my choice to participate in any activities or programs offered at Steele Creek Residential Community, Inc. brings with it my assumption of those risks or results stemming from this choice, and the fitness, health, awareness, care, and skill that I possess and use.

3.   I understand that participating in the activities and/or programs may involve risk, including economic loss, disabilities, or death, and I will fully and voluntarily assume those risks.

4.   I accept personal responsibility to always act in a safe manner and abide by the rules and regulations of the Community and the Steele Creek Residential Community whenever I participate in these activities. I agree to immediately inform a representative of the event or Steele Creek Residential Community, Inc., and stop participation in the activities if I observe any unsafe condition or broken equipment, or if I experience any pain, discomfort, or other symptoms that I may suffer during or after participating in the activities. I understand that I may stop or delay my participation in any activity or program if I so desire and that I may also be requested to stop and rest by any event representative or employee who observes any symptoms of stress or abnormal response. I agree to comply with such directions.

5.  I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in any of the activities and programs of the facilities, or use of equipment or machinery except as hereinafter stated. I understand that I have been strongly advised to obtain my doctor's approval before participating in the activities, especially any exercise, aerobics, or fitness activities. I also acknowledge that I have been strongly advised to obtain a yearly or more frequent physical examination and to review with my doctor the activities that are best suited for me. I understand that my decision to participate in the activities is voluntary. Steele Creek Residential Community, Inc., does not have resources to review and is not responsible for reviewing my decision to participate in the activities. I acknowledge both that I have had a physical examination and been given my doctor's approval to participate in the activities, or that I have elected to participate in the activities without approval of my doctor and herby assume all risk and responsibility for my participation in the activities.

6.   By signing this document, I acknowledge that I have voluntarily chosen to participate in the activities. I assume all risk for my health by participation in the activities.

I declare that the terms of this Informed Consent Agreement have been completely read and are fully understood by me and that, if desired, I have had the opportunity to consult with an attorney prior to executing it. I am freely and voluntarily executing this Informed Consent Agreement.

This is not necessarily an exhaustive list of all policies, procedures, and rules associated with the Steele Creek Clubhouse. While this is intended to be an accurate reflection of all procedures, management reserves the right to revise any policies, rules, schedules, etc. as circumstances change (e.g. emergencies, change in personnel, workload, community issues, etc.).

I have read, understand and will adhere to the policies and procedures above which have been established by the Association. I understand failure to follow these policies and procedures may jeopardize my household's privilege to use the facilities and/or programs.

I also understand it is my responsibility to keep current on all policies and procedures of the Steele Creek Clubhouse and Amenities and to inform the Facility Users associated with my Lot of the policies and procedures as they too must adhere to the Steele Creek Clubhouse Guidelines.