HEARTLAND COMMUNITY ASSOCIATION, INC. WAIVER AND RELEASE
In an effort to promote a safe environment for all owners, residents, and guests, and to minimize risk to the Heartland Community Association, Inc. (the “Community Association”), Community Association Management, the Association’s management company (“CCMC”), requests your support and cooperation by reading and signing the following Waiver and Release. I voluntary choose to use any or all of the facilities and participate in programs offered by the Community Association, including, but not limited to, fitness areas, swimming pools, clubhouse (collectively, the “Facilities”), and participate in activities and events sponsored from time to time by the Community Association (collectively, the “Events”). In consideration for being allowed to use the Facilities and participate in the Events (collectively, the “Amenities”), I declare as follows: 1) I understand that each individual (including myself) has a different capacity for participating in and using the Amenities. I assume full responsibility during and after my participation for my choices to use or apply, at my own risk, any portion of the information or instruction I receive. I have read and agree to comply with the written rules and regulations for use of the Amenities. 2) I understand that part of the risk involved in undertaking any activity or program is contingent on my own state of fitness or health (physical, mental or emotional) and to the awareness, care and skill with which I conduct myself in that activity or program. I acknowledge that my choice to participate in any activity or programs offered or made available by the Community Association brings with it my assumption of those risks or results stemming from this choice, and the fitness, health, awareness, care and skill that I possess and use. I represent to the Community Association that I am physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in any of the Amenities, including the use of equipment or machinery. 3) I understand that participating in or use of the Amenities may involve risks, including economic loss, health, disabilities or death, and I willfully and voluntarily assume those risks. I will only use equipment that I know how to operate and use safely. I will not undertake any activity for which I do not feel sufficiently prepared or able. I will take all reasonable precautions to avoid injury to myself and to others and damage to property. 4) I accept personal responsibility always to act in a safe manner and to abide by the rules and regulations of the Community Association. I agree to stop participating in any activity if I observe any unsafe conditions or broken equipment, or if I experience any pain, discomfort and/or other symptoms that I may suffer during or after participating in the activities. I understand that I may stop or delay my participation in any activity or program if I so desire and that I may also be requested to stop and rest by an employee or agent of the Community Association who observes any symptoms of distress or abnormal response, and I agree to comply with such directions. By signing this Waiver and Release, I confirm that I have voluntarily chosen to use and participate in the Amenities. I assume all risks to my health as a consequence thereof and, on behalf of myself, my heirs, beneficiaries, dependents and personal representatives, hereby RELEASE, HOLD HARMLESS, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE the Heartland Community Association, Inc., CCMC, UST-Heartland, LP, UST-Heartland GP, LLC, Huffines Communities, Inc., Huffines Enterprises, Inc., and Huffines Management Partners, LP, their respective directors, officers, agents, employees and contractors (collectively, the "Releasees") from any responsibilities, liabilities, damages, or claims related to my use of or participation in the Amenities, including the negligence or gross negligence of the Releasees, and further agree to INDEMNIFY AND HOLD THE RELEASEES HARMLESS from any claim asserted by or on behalf of my family members or any of my guests based on facts or circumstances involving the use of or participation in the Amenities. Owners and/or residents are responsible for the conduct of their guests. Owners and/or residents and their guests shall not reprimand nor discipline any employee or agent of the Community Association. Community Association employees or agents will inform owners, residents or guests of any violation of the rules and regulations of the Community Association, and, when necessary, report such actions to the Board of Directors of the Community Association. I have read and understood the contents of this Waiver and Release and have had the opportunity to consult with an attorney of my choosing prior to placing my signature below. PHOTO RELEASE FORM I hereby expressly grant HEARTLAND COMMUNITY ASSOCIATION, INC. and HUFFINES COMMUNITIES, INC. and their subsidiaries and affiliated communities, and their employees, officers, representatives, licensees, agents, and assigns (all of which are referred to herein as “the Companies”), the unlimited worldwide right, permission, and license to the use of my name, physical likeness (as the same may appear in any still camera photography, videotape recording, motion picture film, electronic representation and/or sound recordings made of me), and voice in connection with the creation of video media and exhibition of said media on television, cable, satellite, internet, live event, or otherwise, without compensation or prior notice to me from the Companies. Permission is granted to use all or any part of said reproduction and to edit them as deemed necessary in the sole discretion of the Companies for print, publication, theatrical motion pictures, or from other mediums. I hereby waive any inspection or approval of the finished advertisement, and I release the Companies from any liability for any claim of alteration, optical illusion, or faulty mechanical reproduction, and likewise with respect to any distortion or illusion in reproduction. I hereby certify that and represent that I have the read and understood the foregoing and fully understand the meaning and effect thereof.
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