Glenshire Devonshire

Residents Association

GDRA Liability Waivers

Please fill out and sign the appropriate liability waiver. Note: There are different types of waivers for Adults, Children, and Guests.

 

Adult Liability Waiver

Waiver and Release of Liability

Please sign this waiver for our records.

  • WAIVER AND RELEASE OF LIABILITY – RECREATIONAL FACILITIES GLENSHIRE/DEVONSHIRE

  • A. USE OF COMMON AREA.

  • I, the undersigned, member (or resident living in a Residence with permission of the owner/member) (“Member”) of The Glenshire/Devonshire Residents’ Association, Inc. ( “Association”), acknowledge that use of any portion of the clubhouse, pool area, tennis courts, playground, playground equipment, swimming pool facilities, spas, buildings, ponds/lakes, creeks, decks, walkways, facilities, restrooms, equipment, machinery, chairs, benches, tables, fences, trails, open spaces, parking lots and/or other facilities and equipment, as well as swim lessons and other classes offered at such facilities and all other recreational facilities on the Association’s “Common Area” as that term is defined in the Second Restated Declaration of Covenants, Conditions and Restrictions for Glenshire/Devonshire ("Declaration") (collectively, "Recreational Facilities"), is permissive only and is subject to the terms of this Waiver and Release. This Waiver and Release extends to, and is for the benefit of, the Association, and its managing agents, officers, members, directors and employees (collectively the “Released Parties”). Unless otherwise stated, the terms herein have the same definitions as used in the Declaration.

  • B. ACKNOWLEDGEMENT OF RISK; ASSUMPTION OF RISK AND LIABILITY; WAIVER; RELEASE.

  • By signing this Waiver and Release, I intentionally and unconditionally assume the full risk of injury and death to me participating in use of the Recreational Facilities, which may result from such use whether inside or outside of the Association Common Area. The Association makes no representations, warranties or guarantees regarding the condition of the Glenshire/Devonshire Development, including the Recreational Facilities, or areas that may be used to access Recreational Facilities, and Member(s) assumes the risk associated with the condition of such areas, facilities and equipment. On my own behalf, I hereby waive the right to bring any "claims" against the Association, and its respective managing agents, officers, directors, partners, agents, employees, affiliates, and attorneys (collectively, "Released Parties") as a result of use of the Recreational Facilities; and I hereby release and discharge the Released Parties from any and all "claims" I may have, now or in the future, which are in any way related to any use of the Recreational Facilities. "Claims" shall include, but shall not be limited to, all rights, remedies, actions, injury, claims, loss, liability, damages, costs and expenses of any kind or nature whatsoever which I may have as the result of any act, occurrence, error, accident, omission, promise or obligation of any one or more of the Released Parties; and the releases in this paragraph are given by myself, on my own behalf and on behalf of my successors in interest, heirs, and assigns.

  • C. INDEMNITY AND HOLD HARMLESS.

  • Member shall indemnify, defend, and hold the Released Parties harmless from any and all claims, suits, demands, or causes of actions, including attorney’s fees and costs relating without limitation to claims or damages relating to personal injury, wrongful death, or property damage, or arising out of or relating to the use and enjoyment of the Common Area, including use of the Recreational Facilities, by the Member and their guests or invitees. This indemnification shall extend to, and include, any and all costs, attorneys' fees, expenses, and liabilities incurred by any of the Released Parties in defense of any such claims, suits, demands, or causes of action. Additionally, it is understood and agreed that the Released Parties are not responsible for any loss, claim, or damage incurred with respect to any lost, stolen, or damaged automobile, personal property, money, or other valuables brought to the Common Area or left on the premises and Member hereby expressly assumes all risks and full financial responsibility for any such loss or damage, however caused.

  • D. STRICT LIABILITY FOR DAMAGES.

  • Member shall be strictly liable for any damages caused to the Common Area as a result of the use herein and understands such damage shall be imposed as a reimbursement charge against Member under the Declaration.

  • E. COMPLETE WAIVER.

  • The undersigned Member has executed this Waiver and Release after having read its contents and agrees to be bound by its terms. The undersigned Member is signing this Waiver and Release with the full knowledge of California Civil Code Section 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The provisions of this statute, to the extent they might otherwise be construed to apply to this Waiver and Release are hereby waived.

  • F. ATTORNEY’S FEES.

  • In the event a lawsuit arises under, or is related to, this Waiver and Release, the prevailing party shall be entitled to its fees and costs, including attorneys' fees, incurred to enforce the terms of this Waiver and Release.

  • G. INTERPRETATION.

  • I understand that this document is intended to be as broad and inclusive as permitted by the laws of California in which use of the Recreational Facilities takes place and agree that if any portion of this Waiver and Release is invalid, the remainder will continue in full legal force and effect.

  • BY SIGNING THIS WAIVER AND RELEASE, I CERTIFY THAT I HAVE READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND IT AND THAT I AM NOT RELYING ON ANY STATEMENTS OR REPRESENTATIONS MADE BY THE RELEASED PARTIES AND AGREE TO THESE TERMS AND CONDITIONS.

 

Child Liability Waiver

Coming Soon!

 

Guest Liability Waiver

Coming Soon!

Contact Us

Office Hours:
Mon: 8am-5pm
Tues: 1pm-5pm
Wed: 9am-2pm
Thurs: 9am-2pm
Fri: 8am-4pm
Sat. and evenings by appointment
Phone: 530-587-6202
Pool Phone: 530-587-5519
Email: info@glenshiredevonshire.com
15726 Glenshire Drive
Truckee, CA 96161

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