I/we and/or my child(ren) (“I”/“my”) am a member(s) of the Association, which also means its officers, directors, agents, employees, manager and/or staff (collectively, the “Association”). I hereby ACKNOWLEDGE AND AGREE THAT, in consideration for the Association and Taylor-Duncan Interest, and its affiliates, parent companies, officers, directors, partners, managers, agents and employees (“Developer”) (together, the Association and Developer are referred to as “Sonoma Verde”), granting me access to the amenity center, pool and other common amenities of Sonoma Verde (the “Facilities”), for my voluntary personal use for physical, relaxation 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 Sonoma Verde 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 Sonoma Verde 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 Sonoma Verde 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 Sonoma Verde, by words or actions, shall constitute a warranty of any kind whatsoever. In addition, I understand that Sonoma Verde 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 Sonoma Verde from all claims, demands, actions, suits, and liabilities, of any kind whatsoever, for any such damage. I understand that Sonoma Verde shall in no event be liable for any damage to person or property proximately caused by any act, omission, or neglect of Sonoma Verde. 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) my property or home is in violation of any of the governing documents; (3) me or My Guests violate any behavior, Pool or Facility Rules or other rules, policies or provisions of the Association or other governing documents of Sonoma Verde; and/or (4) I or members of our immediate family have asserted claims against and there is unresolved pending litigation against Sonoma Verde.
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, Taylor-Duncan Interests, THE ASSOCIATION, AND THEIR DIRECTORS, OFFICERS, PARTNERS, AFFILIATES, PARENT COMPANIES, MANAGERS, EMPLOYEES, agents, managers and/or staff FROM LIABILITY FOR ANY CLAIMS, DEMANDS, 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.