Capitalized terms used but not defined in this agreement have the meaning ascribed to such terms in that certain The Grand Prairie Master Covenant [Residential] recorded in the Official Public Records of Harris County, Texas, as the same may be amended from time to time (the “Covenant”).
Access Passes are the sole property of The Grand Prairie Master Community, Inc. and are issued to Owners or Occupants for their use. A resident the age of 18 or older must accompany all guests while using each facility.
ISSUED ACCESS PASSES a maximum of four (4) Access Passes will be issued to the Owner(s) of a Lot in The Grand Prairie to gain entry into controlled access Facilities.
Mobile access is free while physical fobs are $20 each.
RETURNING FOBS Owner(s) are required to return all issued Access Fobs to the Association prior to selling their home. If the Association receives a request for a Resale Certificate for a Lot prior to the Owner returning the Access Fobs, a charge of $75.00 per unreturned/lost fob will be added to the Resale Certificate. If an Owner(s) returns their issued Access Fobs prior to closing, the $75.00 charge will be removed from the Resale Certificate for each fob returned.
I/we and/or my child(ren) (“I”/“my”) am a member(s) of the Association (collectively, the “Association”). I hereby ACKNOWLEDGE AND AGREE THAT, in consideration of The Grand Prairie Master Community, Inc., and its affiliates, parent companies, officers, directors, partners, managers, agents and employees (referred to herein, collectively, as the “Association”), granting me access to the lakes, pools, pickleball courts and other common amenities of the Association (the “Facilities”), for my voluntary personal use for recreational and other activities, I will be bound by the terms, conditions, and provisions of this Facilities Use Agreement (this “Agreement”). I agree that access to and use of the Facilities is AT MY OWN RISK and that the Association does not, by provision of the Facilities, assume any responsibility or liability to me, my family members, my guests, tenants, occupants, agents and invitees (collectively, “My Guests”). I also agree to indemnify and hold harmless the Association from all liability associated with use of the Facilities, by myself and My Guests, as further set forth in this Agreement.
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 does not make implied or express representations or warranties of any kind whatsoever regarding the Facilities and the Property, including, but not limited to, the safety or security of 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 Guests. I understand that no affirmation of the Association, by words or actions, shall constitute a warranty of any kind whatsoever. In addition, I understand that the Association shall not be liable to me or My Guests 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 Guests; and I agree to indemnify and hold harmless the Association from all claims, demands, actions, suits, and liabilities, of any kind whatsoever, for any such damage. I understand that the Association shall in no event be liable for any damage to person or property proximately caused by any act, omission, or neglect of the Association. Furthermore, I understand that the use of the Facilities is a privilege that may be suspended for a length of time to be determined by the Association’s Board of Directors if: (1) any assessments, fines, fees or other amounts are unpaid to the Association; (2) me, my Lot or home, or my Occupant is in violation of any of the governing documents; (3) me or My Guests violate any rules, policies or provisions of the governing documents; and/or (4) I or members of our immediate family have asserted claims against and there is unresolved pending litigation against the Association.
I hereby release, on behalf of myself and any minor child to whom I am guardian, and on behalf of my heirs, executors, administrators and assigns, the Association from liability for any claims, demands, and causes of action with respect to the Facilities or the Property. I understand that I will be financially responsible for any damage that is caused by me or my family members, tenants/occupants, invitees, guests, etc., may cause to the Facilities or Property.
ACKNOWLEDGMENT AND AGREEMENT I have read and understand this Agreement. I have read the rules applicable to the Facilities as found in the Association’s governing documents, and agree to abide by those rules and all other rules and policies of the Association. I acknowledge that the rules applicable to the Facilities and other rules and policies of the Association may be changed from time to time. The current rules and all governing documents for the Association are available at the Association’s office.