waiver, release, covenant not to sue, indemnity

Started by Robert • 1 replies • 2749 views

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Robert
Posts: 6

Posted:

Our 50 home HOA has a clubhouse with attached covered pavilion. To allow homeowners or non-homeowners to use these facilities, I am looking for a Waiver form that would waive all claims of liability to the HOA. Should anyone already have such a form, I would appreciate a Post of this.
Thanks
Robert

LisaS (Illinois)
Posts: 341

Posted:

Check with an attorney in your area to confirm that in the event that owners/non-owners consent to sign this form that it does indeed protect you from further liability. Some rights cannot be waived regardless. Additionally, talk with your insurance carerier. In some cases, the waiver will hurt you if something bad happens (i.e. our carrier instructed us not to post warnings such as 'no skating' regarding our pond because it increased our liability in the event that someone fell through)

As well, if you have an owner who refuses to sign the waiver, what will you do? Can you legally bar an owner from using the facilites they pay for and have a right to via deed?

Lisa

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