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Thursday, September 24, 2020

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Subject: Waiver Question
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09/10/2020 12:41 PM  

I would like to get some comments/feedback regarding the following text (see below) from a waiver homeowners in an HOA are being required to sign before using amenities. Some homeowners are expressing concern that it is too broad (there is no mention of COVID) and they are not comfortable that they are paying for the amenities yet are being "forced" to sign this document before having any access to the Clubhouse, etc.

Thank you in advance.

"For and in compensation of having access to the Facilities, the undersigned hereby forever releases and agrees to indemnify and hold harmless the Executive Board, Association management firm, management firm employees / staff, pool or clubhouse vendors, and anyone else, whether they be an entity or individual, employed, engaged or acting in any way on behalf of the Association, from any and all liability, losses, damages, suits, claims, demands and/or causes of action arising out of the use of the Facilities.
This Release will be and remain in effect until it is rescinded the Association or its duly authorized managing agent."


09/10/2020 12:45 PM  
Just sign the form, "To the extent the law allows, I grant my consent to the above."


09/10/2020 12:48 PM  

Thank you for your response!


09/10/2020 12:58 PM  
It sounds like a "Hold Harmless" statement, although who knows if it's been drafted by an attorney or by the board (I suspect the latter because I don't think it's covering all the bases - which isn't a good idea, although this could just be an excerpt). I think having people sign such a statement makes sense, although it doesn't absolve the HOA of its obligations under the law.

For what it's worth, when I participated in sports, the statement we signed included the ominous phrase "up to an including death". So the one in the original post doesn't raise any eyebrows...


09/10/2020 4:53 PM  
Sounds like a corporate hold harmless agreement.

I’m kinda torn, because it sounds so unneighborly and ominous, but I don’t think the intent is ill, just protective of the association.

I’d sign it.
(New Jersey)


09/10/2020 8:09 PM  
We took a different approach and asked people to sign an acknowledgement form. It basically said the user acknowledged the HOA could not guarantee safety and they acknowledged they risk and accepted it.
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