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Windsong Ranch Community Association

FACILITIES USE AGREEMENT

Access Card and Gate Code Policy

Access Cards are the sole property of Windsong Ranch Community Association, Inc. (the "Association") and are issued to Owners for their use. Access Cards can only be used by Owners or those designated by Owners. A resident must accompany all guests while using each facility.

Issued Access Cards. Access Cards will only be issued to Owner(s), other permanent occupants, and one third party individual who is certified as a caregiver indicated in the "Caregiver Statement" below, per household in Windsong Ranch to gain entry into controlled access Facilities.

Lost Cards. Owners must immediately report a lost card and pay a Lost Card Fee of $25.00 before a replacement card will be issued.

Returning Cards. Owner(s) are required to return all issued Access Cards to the Association prior to selling their home. Once the Association receives a request for Resale Certificate for a property and the issued cards have not been returned to the Association, a charge of $75.00 per unreturned/lost Access Card will be added to the required Resale Certificate.

Facility Use: No resident is allowed to bring an outside group, organization, business, or person onto Windsong Ranch facilities to use without providing a Certificate of Insurance with Windsong Ranch Community Association listed as an additional insured and with the specific minimums provided by the Association. In addition, there will be a $100 annual fee for the operational use of our facilities by the outside group, organization, person, or business. Reservation policies are still in affect and all scheduling must be approved by Windsong Ranch Community Association.

Off-site Trips: All residents understand and agree that Windsong Ranch Community Association, it's agents, staff, or representatives, are not held liable for any damage, theft, injury, or death relating to any off-site trips sponsored by WRCA. This includes off-site events where transportation is provided by WRCA and events where no transportation is provided.

Cardholder(s) Initials:


I/we ("I/"we") am a member(s) of the Association. For the purposes of this Agreement, "Association" shall include its officers, directors, agents, employees, manager, and staff. I hereby ACKNOWLEDGE AND AGREE THAT, in consideration for the Association and Tellus Group, LLC ("TG"), VP Windsong Operations LLC ("VPO"), VP Holdings ("VPH"), and each of their affiliates, parent companies, officers, directors, partners, managers, agents and employees (together, the Association, TG, VPO, and VPH are referred to as "Windsong Ranch"), granting me access to THE LAGOON, Commons Amenity Center, the Fitness Center, the Pools, the Dog Park, the Mountain Biking and Disc Golf Courses, and any other common amenities of Windsong Ranch (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 Windsong Ranch does not, by provision of the Facilities, assume any responsibility or liability to me, my family members, my guests, tenants, occupants, agents and/or invitees (collectively, "My Guests"). I also agree to indemnify, defend, and hold harmless Windsong Ranch from all liability associated with use of the Facilities, by myself and My Guests.

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 Windsong Ranch 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 Windsong Ranch, by words or actions, shall constitute a warranty of any kind whatsoever.

IN ADDITION, I UNDERSTAND THAT WINDSONG RANCH 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 WINDSONG RANCH FROM ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND LIABILITIES, OF ANY KIND WHATSOEVER, FOR ANY SUCH DAMAGE, INCLUDING BUT NOT LIMITED TO PAYING WINDSONG’S LEGAL FEES AND EXPENSES FOR DEFENDING ANY RESULTING LAWSUIT. WINDSONG SHALL HAVE THE EXCLUSIVE RIGHT TO SELECT DEFENSE COUNSEL.I UNDERSTAND THAT WINDSONG RANCH SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE TO PERSON OR PROPERTY PROXIMATELY CAUSED BY ANY ACT, OMISSION, OR NEGLECT OF WINDSONG RANCH.

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 Windsong Ranch; (2) my property or home is in violation of any of the governing documents; (3) me or My Guests violate any limits on behavior, Pool or Facility Rules or other rules, policies or provisions of Windsong Ranch, or other governing documents of Windsong Ranch; and/or (4) I or members of my immediate family have asserted claims against and there is unresolved pending litigation against Windsong Ranch.

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, WINDSONG RANCH, AND ALL DIRECTORS, OFFICERS, PARTNERS, AFFILIATES, PARENT COMPANIES, MANAGERS, EMPLOYEES, AGENTS, MANAGERS AND/OR STAFF OF WINDSONG RANCH FROM LIABILITY FOR ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION WITH RESPECT TO THE FACILITIES OR THE PROPERTY.

If any provision of this agreement shall be found to be illegal or unenforceable by a court of competent jurisdiction, such term or provision shall be re‑interpreted or adapted to the changed conditions in such a way that the purpose desired by such provision is achieved to the maximum possible extent. If the court determines such action is not feasible, then any such provision shall be severable, and the remainder of this agreement shall continue to be given full force and effect.

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Information

What is your (the resident's) home address? *
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

What is your (the resident's) home address? *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

What is your (the resident's) home address? *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

What is your (the resident's) home address? *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

What is your (the resident's) home address? *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

What is your (the resident's) home address? *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

What is your (the resident's) home address? *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

What is your (the resident's) home address? *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

What is your (the resident's) home address? *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

What is your (the resident's) home address? *
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

What is your (the resident's) home address? *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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