I hereby acknowledge that I have read, understand, and agree to all Fieldstone Farms’ rules and regulations (the “Policies”) pertaining to the amenities of Fieldstone Farms, including but not limited to the clubhouse, swimming pools, fitness center, tennis courts, playgrounds, walking trails, and other common area amenities. I understand that it is my responsibility to inform and educate my family members, guests, and renters (if applicable) of the Policies. I understand that as a homeowner, I am responsible for any and all damages caused by myself and my family members, guests, or renters for breach of the Policies or for damage to the amenities. I further understand that my right to use the amenities may be revoked should: (a) I have any past due balance owed to the Fieldstone Farms Homeowners Association, Inc. (the “HOA”), or (b) I, my family, guests, and/or renters fail to follow the Policies as determined in the HOA Board or their designee’s sole discretion. I understand that should I, as a homeowner, choose to grant amenities access to my tenants, I revoke the right to access the amenities personally. I acknowledge and have explained to my family, my renters, and guests that use of the pool after-hours is strictly prohibited. This waiver is governed by the laws of the state of Tennessee. I am aware and acknowledge that swimming, other pool activities, and the use of other amenities carry inherent risks, including but not limited to death, personal injury, bodily harm, infection, contagious diseases, including COVID 19, and property damage. The use of the amenities by myself, my family members, renters, and my or my renter’s guests, including minors, is made with the voluntary assumption, acknowledgment, and acceptance of any and all such risks. I hereby forever release and covenant not-to-sue the HOA, its members, owners, officers, volunteers, employees, representatives, and agents from any and all present and future claims resulting from ordinary negligence on the part of the HOA or others listed for property damage, personal injury, or wrongful death, arising as a result of myself, my family members, renters, and my or my renter’s guests, including minors, engaging in use of the amenities or receiving instruction in activities in the amenities or any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims both present and future resulting from ordinary negligence that may be made by me and my spouse, family, estate, heirs, executors, administrators, personal representatives, attorneys-in-fact, or assigns, and I relinquish on behalf of myself, spouse, family, estate, heirs, executors, administrators, personal representatives, attorneys-in-fact, and assigns the right to recover for injury or death. I agree to indemnify, defend, and hold harmless the HOA, its members, directors, officers, volunteers, employees, representatives, and agents from and against any and all demands, claims, damages to persons or property, loss, and liabilities, including reasonable attorney’s fees, costs, and expenses, arising from the use of the amenities and any acts, omissions, negligence, or willful misconduct therein by myself, any member of my family, my renter(s), and/or my or my renter’s guest(s), including minors. By signing this waiver, I expressly declare that I am of legal age, that I am fully informed of and understand the risks inherit to using the amenities and common areas, that I am aware of and understand the full contents of this waiver, and that I am legally accountable for any effects of this waiver. March 29, 2025 |