Sienna Associations
Terms of Use

FACILITY RENTAL POLICY

 
For Facility Rental Fees, please click here.
 
Revised October 21, 2020
SIENNA COMMUNITY ASSOCIATION
SIENNA RESIDENTIAL ASSOCIATION
 
STATE OF TEXAS
COUNTY OF FORT BEND
 
This Facility Rental Policy for Sienna Plantation Community Association, Inc., sometimes doing business as Sienna Community Association, and Sienna Plantation Residential Association, Inc., sometimes doing business as Sienna Residential Association is hereby adopted by the Board of Directors of Sienna Community Association and the Board of Directors for Sienna Residential Association (collectively referred to herein as the “Boards”), with the approval of TOLL-GTIS PROPERTY OWNER, LLC, a Texas limited liability company (“Declarant”), and replace in their entirety any previously recorded or implemented rules that address the subjects contained herein. 
 
WHEREAS, the lots encumbered by this Policy are (i) those lots restricted by the Sienna Plantation Amended and Restated Master Covenant (Sienna Plantation Community Association, Inc.), filed under Clerk’s File No. 2019035843 in the Official Public Records of Fort Bend County, Texas, as same has been or may be amended from time to time (“Covenant”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Sienna Plantation Community Association, Inc. (“SPCAI”), and (ii) those lots restricted by the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Sienna Plantation (Sienna Plantation Residential Association, Inc.) recorded under Clerk’s File No. 2012104699 in the Official Public Records of Fort Bend County, Texas (the “Declaration”), as same may be amended from time to time, and any other property which has been or may be annexed thereto and made subject to the authority of the Sienna Plantation Residential Association, Inc. (“SPRAI”); and 
 
WHEREAS, the Covenant and the Declaration are collectively referred to herein as the “Declarations”; and
 
WHEREAS, the facilities that are the subject of this Policy are owned by SPCAI and SPRAI (collectively referred to herein as the “Association”); and
 
WHEREAS, SPCAI and SPRAI desire the facilities to be amenities shared by the residents of SPCAI and SPRAI communities; and
 
WHEREAS, the Boards, with the approval of Declarant, hereby adopt this Policy pursuant to the authority set forth in the Declarations.
 
NOW, THEREFORE, BE IT RESOLVED THAT the Boards do hereby adopt this Policy, which run with the land and are binding on all owners and lots encumbered by the Declarations.  This Policy will become effective upon recording of same.  After the effective date, this Policy replaces any previously recorded or implemented rules or policy that addresses the subjects contained herein.  
 
I. POLICY STATEMENT
 
Sienna is proud of its environment and facilities and is pleased to offer use and enjoyment to members and guests through community group reservations and rentals for private events.  Sienna is also a residential community and is committed to maintaining an environment respectful of the residents’ right to the quality of life our community fosters.  With this in mind, the Association has established this Policy governing reservations and rental events in order to extend the enjoyment of its facilities, while preserving the residential nature of the community.
 
In consideration of the rights and privileges of reservation and rental use of Facilities, Applicants agree on their own behalf, and on behalf of their agents, contractors, licensees, invitees, participants and/or guests, to be bound by the following Policy.
 
Sienna Residential Association and Sienna Community Association facilities shall hereinafter be collectively referred to as ‘Facilities’.
 
II. PROCEDURES FOR RESERVING FACILITIES (NON-POOL)
 
Facilities shall be available on a first-come, first-serve basis.  Reservation applications for use of Facilities (non-pool) shall be filed at the Sawmill Lake Recreation Center (10201 Mount Logan) between the hours of 9:00 a.m. – 5:00 p.m., Monday - Friday.  Facilities may also be reserved online using the Association’s Facility Rental link available on www.siennarec.com and refer to Facility Rentals information.
 
Reservations requests are accepted a minimum of ten (10) business days in advance of a function.  Facilities may be reserved a maximum of one year in advance from the current date. (i.e. on Oct. 1, 2020, reservations will be accepted through Oct. 1, 2021). Re-occurring weekly rentals (ex. same day and time each week) will be permitted for a maximum period of 12 months.
 
All applications are administered by the Association’s Hospitality Staff through the online reservation system and reviewed/approved by the Association’s Recreation Director. The Applicant will be notified within ten (10) business days of receipt of an application to confirm the availability of Facilities for the date and times requested, and will review the rental security and associated costs. Submittal of application prior to notification of approval from Association does not reserve a facility. All reservation fees (including security deposit and security fees---if necessary) must be submitted at the time of reservation request.
 
Reference Exhibit A for Facility-specific days and times available for rental. 
 
III. ELIGIBILITY
 
A. Facility reservations and rentals are limited to individuals residing in either Sienna Residential Association or Sienna Community Association (the “Association”). 
B. Applicants must be a legal owner or lessee of a residential property in the Association and must show acceptable proof of residence in the Association.  
C. An owner’s (Applicant’s) use of common property and facilities may be suspended if the owner has delinquent account status. Refer to the Association’s Collection Policy and Payment Plan Guidelines, recorded in the Official Public Records of Fort Bend County, Texas and available on www.siennanet.com. For Applicants who are leasing an Association property, the property owner cannot be in delinquent account status. 
D. The person submitting the application must handle all transactions, inquiries and changes.
E. Applicant must provide the name and contact information for at least one (1) additional alternate individual as a contact for the reservation.
F. Applicant is required to be present at the event and available to the Association during the entire course of the event for which the Applicant made a reservation.
G. The right of rental or use of Facilities is exclusive to Applicant.  Applicant shall not have the right to sublease or assign its reservation to another group or organization.  Nor shall the use of the facilities be for any other purpose other than what is stated on the application.  
H. The Association reserves the right to disapprove the application to reserve or rent Facilities based on the Applicant’s and/or Applicant’s guests’ previous rental history.
I. Facilities may not be reserved or rented for commercial purposes except for the purpose of employee meetings and special events.
J. The Association reserves the right to disapprove applications for events that are deemed political, social, policy activity, or policy critiquing in nature, or events deemed divisive, illegal, or immoral.
K. Any reservation or rental agreement is revocable by the Association at any time upon good cause. This rental agreement may be terminated by the Associations by giving thirty (30) days advance notice, or otherwise terminated via notice to the renter as identified on the submitted application (via written and telephone notification).
 
IV. NON-PROFIT & COMMUNITY GROUP USE 
 
Facilities are available for Sienna-based 501(c)(3) non-profit organizations and community groups for group meetings and official business use ONLY. “Sienna-based” is defined as groups in which 75 percent of the individuals belonging to Applicant group are Association residents and their organization/group is open to all Sienna residents. The Association reserves the right to request organization rosters reflecting addresses of membership so as to confirm residency. Groups and organizations must adhere to the following restrictions: 
 
Non-profit / Community Group Guidelines:
 
A. Shall be limited to organizations of ten or more persons
B. Maximum of one (1) use per month (free of charge) 
C. Maximum of three (3) hours per use (free of charge)
D. Association is not responsible for setup, take down, or cleanup
E. Groups may not rent Facilities for other organizations/individuals at non-profit rates
F. Alcohol is not permitted
G. Groups are subject to fees associated with staffing and security as deemed necessary by the Recreation Director. If the Recreation Director determines (additional) Association staff or security is necessary for the group’s event, the group will incur all costs associated with the additional staff and/or security. 
H. Use is subject to approval by the Recreation Director
 
The Association has established free hours for use of Facilities by non-profit organizations and community groups that meet the above guidelines – refer to Exhibit A for free Facility use hours.  Requests for Non-Profit and Community Group use during hours not specified as free are subject to the standard fees on the Facility Rental Fees document provided with this Policy.  Verification for Non-Profit and Community Group status is required upon application for consideration of use of Facilities during the free use hours identified in Exhibit A.
 
V. UNAVAILABLE RENTAL DATES
 
Facilities are not available for rental reservations on the following dates, unless historical precedence has been established:
 
New Year’s Eve
New Year’s Day
Easter (Fri-Sun)
July 4th
Memorial Day (Sat-Mon)
Labor Day (Sat-Mon)
Thanksgiving (Thurs-Sun)
Christmas Eve
Christmas Day
 
Facilities are also not available for rental reservations on any dates identified as holidays by the Association Office.
 
VI. CONDUCT AND COMPLIANCE WITH APPLICABLE LAWS AND DEDICATORY INSTRUMENTS
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests using Facilities shall comply with the laws of the United States, the State of Texas, and all rules regulations, laws and ordinances adopted by Fort Bend County, as well as Association Rules, Regulations, Policies and other Dedicatory Instruments.  Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests will be subject to all applicable law enforcement penalties while on Association’s premises.
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests are required to conduct themselves in a manner which will not interfere with the Association and residents, or their enjoyment of the residential community.  Obnoxious, abusive, destructive, reckless, rude or boisterous behavior will not be tolerated.
 
Applicant hereby assumes full responsibility for the character and acts and omissions for all Applicant’s agents, contractors, licensees, invitees, participants and/or guests, attending the event that may result in a violation of any of the terms and conditions set forth herein.
 
The Association reserves the right at all times to control, and the right to remove from the premises, any and all objectionable person or persons.  Persons visibly under the influence of drugs or alcohol will be required to leave the premises and surrounding areas.
 
VII. OCCUPANCY LIMITS
 
A maximum number of persons permitted to occupy a particular Facility and room are set forth in Exhibit A. 
 
VIII. PARKING
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests are required to drive and park motor vehicles in accordance with applicable laws and posted regulations.  Parking is permitted only in designated areas. Please note: parking at Facilities may be significantly reduced during pool operating season, April - September. Association is not able to guarantee a specific number of parking spaces or guarantee the accommodation of specific parking requirements.
 
If the number of attendees at an event exceeds the total number of available spots for the site being utilized a parking plan prepared by the group reserving Facilities will be required.  If street parking is necessary, it must be in accordance with the posted street signs.  No parking is permitted in the circle drives adjacent to the Club Sienna or Sawmill Lake Club buildings.
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests are required to remain inside the facility throughout the event.  Guests will not be permitted to remain in their cars, the parking lot, or on the streets and sidewalks except for their arrival and departure.  Guests shall not cause excessive vehicle noise, vehicle audio system noise, cause undue traffic congestion or drive recklessly when arriving to and leaving the event.
 
IX. EQUIPMENT
 
NO OUTSIDE EQUIPMENT, including but not limited to cooking devices, music/sound equipment, smoke machines, electrical devices, and special lighting shall be permitted within Facilities and premises without advance written consent of the Association.  Association reserves the right to prohibit outside equipment or rental services to be brought into the facility if it is deemed to potentially create additional risk to the facility or furnishings, or necessitate additional custodial or Association services. Association reserves the right to require additional insurance requirements (see Insurance and Liability section) for any equipment that is brought onto the premise.
 
Additionally, any tent use or the use of inflatable units on Association sites first requires approval by the Recreation Director. These types of renter-provided amenities must be expressly included in the submitted application and without approval from the Recreation Director, may not be used on Association property. 
 
The sound level of musical or sound equipment will be closely monitored by the Association and the Association reserves the right to require the Applicant to reduce sound levels if deemed necessary.  Failure to reduce sound levels upon request by the Association can result in immediate termination of the event and deposit may be forfeited. No music is permitted outdoors (including on patios) after 10 p.m.
 
Storage of any equipment or supplies prior to function or following function is not available.
 
X. NO SMOKING OR GLASS CONTAINERS
 
There is a NO SMOKING POLICY (including e-cigarettes) inside and within 50 feet of the Facilities.  
 
XI. DECORATIONS
 
No decorations of any type shall be attached to the structures, ceiling, walls, or furnishings within Facilities and premises.  NO GLITTER, CONFETTI, RICE OR BIRDSEED SHALL BE PERMITTED inside Facilities or anywhere on the premises or grounds. The use of thumbtacks, staples and tape on structures, ceilings, walls or furnishings is strictly prohibited and will result in the loss of all or part of the User’s facility use deposit.
 
XII. TABLE COVERINGS
 
Table coverings must be used on any table where food, beverage, paints or other liquids will be used.  Plastic, paper or cloth varieties are permitted and must be provided by Applicant. 
 
XIII. CLEAN UP
 
Applicant shall return Facilities and its furnishings and property in the same condition as received.  Applicants agree to remove all bagged garbage from function to the appropriate facility dumpster following the function.  
 
All Facilities, including parking lots, must have been promptly cleared and vacated within one hour (60 minutes) after the end of the event.  Any event which fails to vacate the Facilities at the designated time shall result in forfeiture of the security deposit.
 
XIV. EMERGENCIES
 
If additional Association staff, other than those already on duty, are called out to respond to an emergency that is not the fault or responsibility of the Association, Applicant will be billed a minimum of $75.00 for the first hour and $50.00 per hour thereafter for services rendered. 
 
XV. UNDERSTANDING & RESPONSIBILITY FOR LAWS AND DEDICATORY INSTRUMENTS
 
It is the Applicant’s responsibility to obtain copies of, and become familiar with, all applicable laws, Rules, Regulations, Policies and other Dedicatory Instruments prior to the event.  Applicant will be held responsible for making sure all Applicant’s agents, contractors, licensees, invitees, participants and/or guests know and understand the importance of this Policy, and all laws, Rules, Regulations, Policies and other Dedicatory Instruments prior to commencement of the event.
 
XVI. NON-CONFORMING EVENTS
 
Events that have been scheduled based on false or misleading information provided by the Applicant or Applicant’s agents, contractors, licensees, invitees, participants and/or guests shall be rejected or canceled.
 
Events that do not conform to accepted community standards, the requirements and standards stated herein, and/or any violations by Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests, will result in immediate cancellation and/or termination of the event and forfeiture of the rental amount and security deposit.  No exceptions will be made. 
 
XVII. EVENT SECURITY
 
Association has the right to require uniformed law enforcement officers for any and all events. 
 
Cost for security, as determined by Association, shall be paid for by the Applicant.  All reservation fees (including security deposit and security fees---if necessary) must be submitted at the time of reservation request. Security fees shall be included in total quote provided to Applicant at the time of reservation request submittal. Applicants are not permitted to employ their own security officers.
 
Law enforcement officers will have full authority to enforce the provisions of this Rental Agreement, and any and all laws, Rules, Regulations, Policies and other Dedicatory Instruments.
 
At the discretion of Association, at least one (1) uniformed law enforcement officer, and such additional officers as shall be required for the reservation or rental. Law enforcement officers will be scheduled by Association, shall be in attendance at the full duration of the event at Facilities, beginning a minimum of thirty (30) minutes prior to commencement of the event, and will be scheduled through the designated ending clean time specified on the application.  If the Applicant goes beyond the scheduled ending clean up time, the Applicant will be responsible for the additional costs incurred for security. This requirement may be modified at the discretion of Association.  All costs and payments for law enforcement officers shall be the responsibility of the Applicant, and shall be controlled by Association.
 
Standard Security Guidelines:
  • Any event hosting 50 guests or more will require a minimum of one (1) uniformed law enforcement officer on duty
  • Any event serving alcohol will be required to have a minimum of one (1) uniformed law enforcement officer on duty 
  • Any additional requirements in respect to security officers are at the sole discretion of the Association.
  • All rental functions serving alcohol must adhere to the minimum drinking age state law of 21 years for all guests and anyone serving alcohol must also be 21 years of   age or older.
  • Any event in which monies are changing hands (fundraising, etc.) will be required to have a minimum of one (1) uniformed law enforcement officer on duty. 
 
The Association has the right to require additional law enforcement officers, paid for by the Applicant. Such additional security may be required based on the size of the group, average age of the group, nature of the event and activities, hours and duration of the event, presence of alcoholic beverages, live entertainment and past experience with a group.
 
If additional uniformed law enforcement officers are called out due to a disturbance, Applicant will be charged for the extra officers at a rate equal to one and one-half times (1 ½)  times their regular hourly rate.
 
XVIII. PERSONAL PROPERTY
 
The Association is not responsible for losses, damages and/or misplaced personal property placed in or on its facilities or grounds by the Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests.  Furthermore, the Association is hereby released and discharged from any and all liability for loss, injury or damage to persons or property that may be sustained arising out of the use of Facilities and its grounds, or by security services. 
 
After expiration of the rental time/agreement, or termination and/or cancellation of the event, by Association or Applicant, the Association reserves the right to remove from the facilities all personal property remaining and to store or dispose of the same wherever and however it sees fit at the cost, expense and risk of the Applicant.  The Association shall not be liable in any way to Applicant, participants or guests on account of removing, storing or disposing of such personal property.
 
XIX. CANCELLATIONS, DAMAGES AND SECURITY DEPOSITS
 
Payment for Rental & Security Deposits
Payments for both rental fees and security deposits must be made by check, cashier’s check or money order at the time of acceptance of the application. Payment of rental fees is also available using a credit card (Visa, MasterCard, or Discover). Payments for all fees (rental, deposit and security fees) are due a minimum of ten (10) business days prior to event. Rentals not paid in full are subject to cancellation.  Unused hours for rental fees and security are non-refundable.
 
The amount of the damage/security deposit is set forth in the Facility Rental Fees provided with this Policy.  Provided, however, if the proposed event is to include activities which, in the opinion of the Association, create additional risk to the facility or furnishings, or necessitate additional custodial services, the Association is authorized to require such additional amounts for the security deposit as the Association deems commensurate with the additional risk or services required.
 
Purpose and Use of Security Deposits 
The security deposit shall be used to repair, replace or compensate for any property of the Association which is damaged or missing as a result of use by the Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests or shall be used to compensate for the minimum number of hours of rental and the Association costs established on the accompanying fee schedules if the Applicant does not show or the event is terminated due to violations of the requirements to comply with laws, ordinances, Rules, Regulations, Policies or other Dedicatory Instruments.  An additional charge will be billed to the Applicant if damages or the Association’s emergency response exceed the security deposit.
 
Applicant is required to leave the Facilities in the same condition as found upon arrival.  Applicant assumes liability for the cost of repairing damage or loss to Association property caused by Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests, and agrees to reimburse Association for all costs which may be incurred in excess of the damage/security deposit for repair, replacement, or payment for any property of the Association which is damaged, destroyed, misplaced or stolen, by Applicant, participants or guests.
 
In facility use during non-profit hours by non-profit organizations or community groups, in the event there are damages, Applicant assumes liability for the cost of repairing damage or loss to Association property caused by Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests, and agrees to reimburse Association for all costs which may be incurred in excess of the damage/security deposit for repair, replacement, or payment for any property of the Association which is damaged, destroyed, misplaced or stolen, by Applicant, participants or guests. Until the Association has been compensated for such loss, said organization shall no longer have access to Facilities.
 
Should an event’s actual attendance exceed the designated number on the application by 10% or more, Applicant will forfeit their security deposit in full. Should an event not conform to or otherwise deviate from the description provided at the time of application, Applicant will forfeit their security deposit in full, the Association reserves the right to terminate the event immediately, and any fees paid will not be prorated or returned for early termination. 
 
Return of Security Deposit
If Applicant gives written notice of cancellation of a reservation no later than ten (10) business days prior to the scheduled event, there will be no cancellation fee.  If Applicant cancels the reserved rental less than ten (10) business days prior to the scheduled event, Applicant shall forfeit either the security deposit or rental fees (lesser of the two).
 
Return of security deposit may take up to but not exceed thirty (30) days, to determine the full extent of damages and to make all repairs and/or secure replacement.  Security deposit refunds for completed functions will be returned to Applicant by mail in the form in which they were paid. Deposits made in the form of a check will be issued by the Association to the Applicant within approximately four-to-six weeks after the function. Deposits made in the form of a credit card payment will be issued by the Association to the Applicant within approximately 7-10 days after the function. 
 
XX. LIABILITY INSURANCE AND INDEMNIFICATION
 
The Association reserves the right to require applicants, when it is deemed necessary, to provide liability and/or property damage insurance and any other coverage to protect the property of Association.
 
APPLICANT AND APPLICANT’S AGENTS, CONTRACTORS, LICENSEES, INVITEES, PARTICIPANTS, AND/OR GUESTS, DO HEREBY RELEASE AND FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE SIENNA PLANTATION RESIDENTIAL ASSOCIATION, INC., THE SIENNA PLANTATION PROPERTY OWNERS ASSOCIATION, INC., THE SIENNA PLANTATION COMMUNITY ASSOCIATION, INC., SIENNA/JOHNSON DEVELOPMENT, L.P., TOLL-GTIS PROPERTY OWNER, LLC., ANY AND ALL AFFILIATED OR ASSOCIATED COMPANIES AND ALL OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS AND CONTRACTORS OF ANY OF THE FOREGOING ENTITIES, FROM ANY AND ALL ACTIONS, CLAIMS, DAMAGES, LIABILITY FOR BODILY OR PERSONAL PROPERTY INJURY OR DAMAGE CONNECTED WITH OR ARISING OUT OF (DIRECTLY OR INDIRECTLY) THE USE OF SIENNA COMMUNITY FACILITIES BY APPLICANT, APPLICANT’S AGENTS, CONTRACTORS, LICENSEES, INVITEES, AND/OR GUEST.
 
XXI. CONTACT INFORMATION
 
For further information or clarification of the Facility Rental Policy, please contact the Sienna Association Recreation Department at rentals@clubsienna.com or at 281-778-2582.
 
XXII. FACILITY RENTAL FEES
 
Facility Rental Fees are available on the facility rental information page located online at www.siennarec.com.
 
 
[EXHIBIT A FOLLOWS]
 
EXHIBIT A – FACILITY RENTAL HOURS & OCCUPANCY LIMITS
 
NOTE: Total hours used for all functions must include set up and clean up time and must fall within the hours outlined below.
 
BRUSHY LAKE PAVILION,
CLUB SIENNA AMPHITHEATER, CLUB SIENNA TRAIN DEPOT 
 
Hours for Paid Reservations
Sunday – Saturday 8:00 AM – 9:00 PM
 
Hours for Non-profit and Community Group Reservations (No Fee)
Monday – Thursday 9:00 AM – 9:00 PM
Friday 9:00 AM – 6:00 PM
Saturday 9:00 AM – 12:00 PM
 
Occupancy Limits
Brushy Lake Pavilion 60
Train Depot 60 
Club Sienna Amphitheater 500 
 
CLUB SIENNA 
 
Hours for Paid Reservations
Sunday – Thursday: 8:00 AM – 10:00 PM
Friday & Saturday: 8:00 AM – 12:00 AM
 
Hours for Non-profit and Community Group Reservations (No Fee)
Monday – Thursday 9:00 AM – 9:00 PM
Friday 9:00 AM – 6:00 PM
Saturday 9:00 AM – 12:00 PM
 
Occupancy Limits
Club Sienna – Sienna Room 80
Club Sienna – Conference Room 20 
 
SAWMILL LAKE CLUB 
 
Hours for Paid Reservations 
Sunday – Thursday: 8:00 AM – 10:00 PM
Friday & Saturday: 8:00 AM – 12:00 AM
 
Hours for Non-profit and Community Group Reservations (No Fee)
Monday – Wednesday 9:00 AM – 9:00 PM
 
Occupancy Limits
Sawmill Lake Club – Varney A 60
Sawmill Lake Club – Varney B 40 
Sawmill Lake Club – Fairchild 50
Sawmill Lake Club – Broad Oak 50
 
 

POOL RENTAL POLICY

Revised January 27, 2021
SIENNA COMMUNITY ASSOCIATION
SIENNA RESIDENTIAL ASSOCIATION
 
STATE OF TEXAS
COUNTY OF FORT BEND
 
This Pool Rental Policy for Sienna Plantation Community Association, Inc., sometimes doing business as Sienna Community Association, and Sienna Plantation Residential Association, Inc., sometimes doing business as Sienna Residential Association is hereby adopted by the Board of Directors of Sienna Community Association and the Board of Directors for Sienna Residential Association (collectively referred to herein as the “Boards”), with the approval of TOLL-GTIS PROPERTY OWNER, LLC, a Texas limited liability company (“Declarant”), and replace in their entirety any previously recorded or implemented rules that address the subjects contained herein. 
 
WHEREAS, the lots encumbered by this Policy are (i) those lots restricted by the Sienna Plantation Amended and Restated Master Covenant (Sienna Plantation Community Association, Inc.), filed under Clerk’s File No. 2019035843 in the Official Public Records of Fort Bend County, Texas, as same has been or may be amended from time to time (“Covenant”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Sienna Plantation Community Association, Inc. (“SPCAI”), and (ii) those lots restricted by the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Sienna Plantation (Sienna Plantation Residential Association, Inc.) recorded under Clerk’s File No. 2012104699 in the Official Public Records of Fort Bend County, Texas (the “Declaration”), as same may be amended from time to time, and any other property which has been or may be annexed thereto and made subject to the authority of the Sienna Plantation Residential Association, Inc. (“SPRAI”); and 
 
WHEREAS, the Covenant and the Declaration are collectively referred to herein as the “Declarations”; and
 
WHEREAS, the pool facilities that are the subject of this Policy are owned by SPCAI and SPRAI (collectively referred to herein as the “Association”); and
 
WHEREAS, SPCAI and SPRAI desire the pool facilities to be amenities shared by the residents of SPCAI and SPRAI communities; and
 
WHEREAS, the Boards, with the approval of Declarant, hereby adopt this Policy pursuant to the authority set forth in the Declarations.
 
NOW, THEREFORE, BE IT RESOLVED THAT the Boards do hereby adopt this Policy, which runs with the land and is binding on all owners and lots encumbered by the Declarations.  This Policy will become effective upon recording of same.  After the effective date, this Policy replaces any previously recorded or implemented rules or policy that addresses the subjects contained herein.  
 
I. POLICY STATEMENT
 
Sienna is proud of its environment and facilities and is pleased to offer use and enjoyment to members and guests through community group reservations and rentals for private events.  Sienna is also a residential community and is committed to maintaining an environment respectful of the residents’ right to the quality of life our community fosters.  With this in mind, the Association has established this Policy governing reservations and rental events in order to extend the enjoyment of its pool facilities, while preserving the residential nature of the community.
 
In consideration of the rights and privileges of reservation and rental use of pool facilities, applicants agree on their own behalf, and on behalf of their agents, contractors, licensees, invitees, participants and/or guests, to be bound by the following Policy.
 
Sienna Residential Association and Sienna Community Association pool facilities shall hereinafter be collectively referred to as ‘Facilities’.
 
II. PROCEDURES FOR RESERVING FACILITIES
 
Facilities shall be available on a first-come, first-serve basis.  Reservation applications for use of Facilities shall be submitted online using the Association’s Facility Rental link available on www.siennarec.com.
 
Reservations requests are accepted a minimum of ten (10) business days in advance of a function.  Facility reservations are accepted beginning 12:00 AM, April 1st.
 
All applications are administered by the pool party coordinator through the online reservation system. The Applicant will be notified within ten (10) business days of receipt of an application to confirm the availability of Facilities for the date and times requested, and will review the rental security and associated costs. Submittal of application prior to notification of approval from Association does not reserve a facility. All reservation fees (including security deposit and security fees---if necessary) must be submitted at the time of reservation request.
 
Pools are available for rental by residents of the Association during public hours and during private hours for rental fees which have been established by the Association. Pool parties will only be permitted during the following time frame: the Tuesday after Memorial Day weekend until the Friday before Labor Day Weekend OR until the Sunday before school resumes (whichever comes first). Pool parties will not be permitted on days that the Pools are closed, except 5th grade pool parties (for Sienna-based elementary schools only) may be permitted on such days. 
 
III. ELIGIBILITY
 
A. Facility reservations and rentals are limited to individuals residing in either Sienna Residential Association or Sienna Community Association (the “Association”). 
B. Applicants must be a legal owner or lessee of a residential property in the Association and must show acceptable proof of residence in the Association.
C. Applicants may not use the facility for commercial purposes or as an extension of their commercial operation (field trip destination, company pool party, etc.).
D. An owner’s (Applicant’s) use of common property and facilities may be suspended if the owner has delinquent account status. Refer to the Association’s Collection Policy and Payment Plan Guidelines, recorded in the Official Public Records of Fort Bend County, Texas and available on www.siennanet.com. For Applicants who are leasing an Association property, the property owner cannot be in delinquent account status. 
E. The person submitting the application must handle all transactions, inquiries and changes.
F. Applicant must provide the name and contact information for at least one (1) additional alternate individual as a contact for the reservation. 
G. Applicant is required to be present at the rental event and available to the Association during the entire course of the event for which the Applicant made a reservation.
H. The right of rental or use of Sienna Facilities is exclusive to Applicant.  Applicant shall not have the right to sublease or assign its reservation to another group or organization.  Nor shall the use of the facilities be for any other purpose other than what is stated on the application.  
I. The Association reserves the right to disapprove the application to reserve or rent Facilities based on the Applicant’s and/or Applicant’s guests’ previous rental history.
J. The Association reserves the right to disapprove applications for events that are deemed political, social, policy activity, or policy critiquing in nature, or events deemed divisive, illegal, or immoral.
K. Any reservation or rental agreement is revocable by the Association at any time upon good cause. 
 
IV. UNAVAILABLE RENTAL DATES
 
Facilities are not available for rental reservations on the following dates, unless historical precedence has been established:
 
1st Operational Weekend of Swim Season
Memorial Day Weekend & Memorial Day
July 4th Weekend and/or July 4th
Labor Day Weekend & Labor Day
 
V. HOURS OF USE
 
“Open Hour” Parties:  Applicant may reserve the Facilities for “Open Hour” Pool Parties during the standard Association approved operating hours (ex. During “public” pool hours). Applicants may reserve an “Open Hour” Pool Party for a maximum of 25 total guests (includes swimmers & non-swimmers) and parties can be scheduled for two (2) –to-four (4) hour long parties to be held in one of the designated pool party areas only.  
 
“After Hour” Parties:  Applicants may reserve the Facilities for “After Hour” Pool Parties after the standard Association approved operating hours (ex. after pools close to public) and around the contractual use hours of Sienna’s swim teams. “After Hour” Pool Parties are only permitted at the Club Sienna Pool and  be a minimum of two (2) hours in length and must end no later than 11:00 p.m. (including clean up/break down). “After Hour” Pool Parties may only be held after normal operating hours (on a day that the pool is open to the general public).  
 
All Facilities, including parking lots, must have been promptly cleared and vacated within one hour (60 minutes) after the end of the event. Any event which fails to vacate Facilities at the designated time shall result in forfeiture of the security deposit.
 
The Resort at Sienna Springs Pool is available for “graduation” parties (ex. kindergarten, 5th grade/8th grade/12th grade pool parties, etc.) 
 
VI. CONDUCT AND COMPLIANCE WITH APPLICABLE LAWS AND DEDICATORY INSTRUMENTS
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests using Facilities shall comply with the laws of the United States, the State of Texas, and all rules regulations, laws and ordinances adopted by Fort Bend County, as well as Association Rules, Regulations, Policies and other Dedicatory Instruments.  Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests will be subject to all applicable law enforcement penalties while on Association’s premises.
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests are required to conduct themselves in a manner which will not interfere with the Association and residents, or their enjoyment of the residential community.  Obnoxious, abusive, destructive, reckless, rude or boisterous behavior will not be tolerated.
 
Applicant hereby assumes full responsibility for the character and acts and omissions for all Applicant’s agents, contractors, licensees, invitees, participants and/or guests, attending the event that may result in a violation of any of the terms and conditions set forth herein.
 
The Association reserves the right at all times to control, and the right to remove from the premises, any and all objectionable person or persons.  Persons visibly under the influence of drugs or alcohol will be required to leave the premises and surrounding areas.
 
VII. OCCUPANCY LIMITS
 
A maximum number of persons permitted to occupy a particular Sienna Facility is subject to the discretion of the board
 
VIII. PARKING
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests are required to drive and park motor vehicles in accordance with applicable laws and posted regulations.  Parking is permitted only in designated areas. Please note: parking at Facilities may be significantly reduced during pool operating season, April - September. Association is not able to guarantee a specific number of parking spaces or guarantee the accommodation of specific parking requirements.
 
If the number of attendees at an event exceeds the total number of available spots for the site being utilized a parking plan prepared by the group reserving Facilities will be required.  If street parking is necessary, it must be in accordance with the posted street signs.  No parking is permitted in the circle drives adjacent to the Club Sienna or Sawmill Lake Club buildings.
 
Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests are required to remain inside the facility throughout the event.  Guests will not be permitted to remain in their cars, the parking lot, or on the streets and sidewalks except for their arrival and departure.  Guests shall not cause excessive vehicle noise, vehicle audio system noise, cause undue traffic congestion or drive recklessly when arriving to and leaving the event.
 
IX. EQUIPMENT
 
NO OUTSIDE EQUIPMENT, including but not limited to cooking devices, music/sound equipment, smoke machines, electrical devices, and special lighting shall be permitted within Facilities and premises without advance written consent of the Association.  Association reserves the right to prohibit outside equipment or rental services to be brought into the facility if it is deemed to potentially create additional risk to the facility or furnishings, or necessitate additional custodial or Association services. Association reserves the right to require additional insurance requirements (see Insurance and Liability section) for any equipment that is brought onto the premise.
 
The sound level of musical or sound equipment will be closely monitored by the Association and the Association reserves the right to require the Applicant to reduce sound levels if deemed necessary.  Failure to reduce sound levels upon request by the Association can result in immediate termination of the event and deposit may be forfeited. No music is permitted outdoors (including on patios) after 10 p.m. 
 
Storage of any equipment or supplies prior to function or following function is not available. 
 
X. NO SMOKING OR GLASS CONTAINERS
 
There is a NO SMOKING POLICY (including e-cigarettes) inside and within 50 feet of the Facilities. Glass containers are not allowed at any of the Facilities, exterior grounds, or inside the perimeters at the pools.
 
XI. ALCOHOL
 
No form of alcohol may be served, consumed, or brought into the pool area or surrounding grounds/parking lots by applicant or applicant’s guests during “Open Hour” Pool Parties (parties scheduled during public hours of pool operations). Applicants reserving “After Hour” Pool Parties must disclose, at the time of application, any use of alcohol for their party. Refer to Security Guidelines on security requirements for “After Hour” Parties with alcohol present.
 
XII. CLEAN UP
 
Applicant shall return Facilities and its furnishings and property in the same condition as received.  Before leaving the premises, applicant must clear all tables and remove all decorations and personal belongings. Chairs and tables must be returned to proper locations. Storage of any equipment or supplies prior to function or following function is not available.  
 
All Facilities, including parking lots, must have been promptly cleared and vacated within one hour (60 minutes) after the end of the event.  Any event which fails to vacate the Facilities at the designated time shall result in forfeiture of the security deposit.
 
XIII. EMERGENCIES
 
If additional Association staff, other than those already on duty, are called out to respond to an emergency that is not the fault or responsibility of the Association, Applicant will be billed a minimum of $75.00 for the first hour and $50.00 per hour thereafter for services rendered. 
 
XIV. UNDERSTANDING & RESPONSIBILITY FOR LAWS AND DEDICATORY INSTRUMENTS
 
It is the Applicant’s responsibility to obtain copies of, and become familiar with, all applicable laws, Rules, Regulations, Policies and other Dedicatory Instruments prior to the event.  Applicant will be held responsible for making sure all Applicant’s agents, contractors, licensees, invitees, participants and/or guests know and understand the importance of this Policy, and all laws, Rules, Regulations, Policies and other Dedicatory Instruments prior to commencement of the event.
 
All applicants and applicant’s guests are required to follow all posted pool rules.
 
XV. NON-CONFORMING EVENTS
 
Events that have been scheduled based on false or misleading information provided by the Applicant or Applicant’s agents, contractors, licensees, invitees, participants and/or guests shall be rejected or canceled.
 
Events that do not conform to accepted community standards, the requirements and standards stated herein, and/or any violations by Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests, will result in immediate cancellation and/or termination of the event and forfeiture of the rental amount and security deposit.  No exceptions will be made. 
 
XVI. EVENT SECURITY
 
Association has the right to require uniformed law enforcement officers for any and all events. 
 
Cost for security, as determined by Association, shall be paid for by the Applicant.  All reservation fees (including security deposit and security fees---if necessary) must be submitted at the time of reservation request. Security fees shall be included in total quote provided to Applicant at the time of reservation request submittal. Applicants are not permitted to employ their own security officers.
 
Law enforcement officers will have full authority to enforce the provisions of this Rental Agreement, and any and all laws, Rules, Regulations, Policies and other Dedicatory Instruments.
 
At the discretion of Association, at least one (1) uniformed law enforcement officer, and such additional officers as shall be required for the reservation or rental. Law enforcement officers will be scheduled by Association, shall be in attendance at the full duration of the event at Facilities, If the Applicant goes beyond the scheduled ending clean up time, the Applicant will be responsible for the additional costs incurred for security. This requirement may be modified at the discretion of Association.  All costs and payments for law enforcement officers shall be the responsibility of the Applicant, and shall be controlled by Association.
 
Standard Security Guidelines:
  • Any event hosting 50 guests or more will require a minimum of one (1) uniformed law enforcement officer on duty
  • Any event serving alcohol will be required to have a minimum of one (1) uniformed law enforcement officer on duty 
  • Any event at which one of the following entire pools has been rented (Brushy Lake or Steep Bank), a minimum of one (1) uniformed law officer on duty
  • Any event at which one of the following entire pools has been rented (Club Sienna, Sawmill Lake, Sienna Springs Resort), a minimum of two (2) uniformed law officers on duty
  • Any additional requirements in respect to security officers are at the sole discretion of the Association.
 
The Association has the right to require additional law enforcement officers, paid for by the Applicant. Such additional security may be required based on the size of the group, average age of the group, nature of the event and activities, hours and duration of the event, presence of alcoholic beverages, live entertainment and past experience with a group.
 
If additional uniformed law enforcement officers are called out due to a disturbance, Applicant will be charged for the extra officers at a rate equal to one and one-half times (1 ½)  times their regular hourly rate.
 
XVII. PERSONAL PROPERTY
 
The Association is not responsible for losses, damages and/or misplaced personal property placed in or on its facilities or grounds by the Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests.  Furthermore, the Association is hereby released and discharged from any and all liability for loss, injury or damage to persons or property that may be sustained arising out of the use of Facilities and its grounds, or by security services. 
 
After expiration of the rental time/agreement, or termination and/or cancellation of the event, by Association or Applicant, the Association reserves the right to remove from the Facilities all personal property remaining and to store or dispose of the same wherever and however it sees fit at the cost, expense and risk of the Applicant.  The Association shall not be liable in any way to Applicant, participants or guests on account of removing, storing or disposing of such personal property.
 
XVIII. CANCELLATIONS, DAMAGES AND SECURITY DEPOSITS
 
Payment for Rental & Security Deposits
Payments for both rental fees and security deposits must be made by check or credit card (Visa, MasterCard, or Discover) at the time of submittal of reservation request. Payments for all fees (rental, deposit and security fees) are due at the time of request, a minimum of ten (10) business days prior to event.   Unused hours for rental fees and security are non-refundable. 
 
Purpose and Use of Security Deposits 
The security deposit shall be used to repair, replace or compensate for any property of the Association which is damaged or missing as a result of use by the Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests or shall be used to compensate for the minimum number of hours of rental and the Association costs established on the accompanying fee schedules if the Applicant does not show or the event is terminated due to violations of the requirements to comply with laws, ordinances, Rules, Regulations, Policies or other Dedicatory Instruments.  An additional charge will be billed to the Applicant if damages or the Association’s emergency response exceed the security deposit.
 
Applicant is required to leave the Facilities in the same condition as found upon arrival.  Applicant assumes liability for the cost of repairing damage or loss to Association property caused by Applicant and Applicant’s agents, contractors, licensees, invitees, participants and/or guests, and agrees to reimburse Association for all costs which may be incurred. in excess of the damage/security deposit for repair, replacement, or payment for any property of the Association which is damaged, destroyed, misplaced or stolen, by Applicant, participants or guests.
  
Should an event’s actual attendance exceed the designated number on the application by 10% or more, Applicant will forfeit their security deposit in full.  Should an event not conform to or otherwise deviate from the description provided at the time of application, Applicant will forfeit their security deposit in full, the Association reserves the right to terminate the event immediately, and any fees paid will not be prorated or returned for early termination. 
 
Return of Security Deposit
If Applicant gives written notice of cancellation of a reservation no later than 10 days prior to the scheduled event, there will be no cancellation fee.  In the event of inclement weather and a decision is made a minimum of 24 hours prior to the party beginning, the Association will work with applicant to reschedule the event for the next available date.  If a party is 50% or more completed, no refunds will be issued. If a party is less than 50% complete, Applicant will receive a 50% refund. Lifeguard fees are 100% non-refundable. 
 
XIX. LIABILITY INSURANCE AND INDEMNIFICATION
 
The Association reserves the right to require applicants, when it is deemed necessary, to provide liability and/or property damage insurance and any other coverage to protect the property of Association.
 
APPLICANT AND APPLICANT’S AGENTS, CONTRACTORS, LICENSEES, INVITEES, PARTICIPANTS, AND/OR GUESTS, DO HEREBY RELEASE AND FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE SIENNA PLANTATION RESIDENTIAL ASSOCIATION, INC., THE SIENNA PLANTATION PROPERTY OWNERS ASSOCIATION, INC., THE SIENNA PLANTATION COMMUNITY ASSOCIATION, INC., SIENNA/JOHNSON DEVELOPMENT, L.P., TOLL-GTIS PROPERTY OWNER, LLC., ANY AND ALL AFFILIATED OR ASSOCIATED COMPANIES AND ALL OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS AND CONTRACTORS OF ANY OF THE FOREGOING ENTITIES, FROM ANY AND ALL ACTIONS, CLAIMS, DAMAGES, LIABILITY FOR BODILY OR PERSONAL PROPERTY INJURY OR DAMAGE CONNECTED WITH OR ARISING OUT OF (DIRECTLY OR INDIRECTLY) THE USE OF SIENNA COMMUNITY FACILITIES BY APPLICANT, APPLICANT’S AGENTS, CONTRACTORS, LICENSEES, INVITEES, AND/OR GUEST.
 
XX. CONTACT INFORMATION
 
For further information or clarification of the Pool Rental Policy, please contact pool party coordinator at www.siennarec.com
 
XXI. FACILITY RENTAL FEES
 
Facility Rental Fees are available on the facility rental information page located online at www.siennarec.com.
 

WAIVER OF LIABILITY, DISCLAIMER, AND INDEMNITY AGREEMENT

General Use

SIENNA RESIDENTIAL ASSOCIATION
SIENNA COMMUNITY ASSOCIATION

This Waiver of Liability, Disclaimer, and Indemnity Agreement (this “Agreement”) is made by the undersigned user (“User”), the undersigned Guardian (as applicable), Sienna Community Association, and Sienna Residential Association (collectively, the “Associations”).

In consideration of the right to participate in or be present at Association-sponsored events, and the right to use and enjoy the Associations’ amenities (including but not limited to the pools, tennis courts, fitness centers, community centers, and Association office spaces) and common areas located within the Sienna development (collectively referred to herein as the “Association Facilities”), and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by User, User agrees to the following terms and conditions:

1.              USER ACKNOWLEDGES THE INHERENT RISKS INVOLVED IN THE USE OF THE ASSOCIATION FACILITIES, INCLUDING BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, AND DEATH. USER ALSO ACKNOWLEDGES THAT USE OF THE ASSOCIATION FACILITIES IS POTENTIALLY DANGEROUS AND THAT THE TYPE OF INJURY OR DAMAGE DESCRIBED ABOVE CAN OCCUR WHEN USING THE ASSOCIATION FACILITIES. USER ALSO ACKNOWLEDGES THE RISK OF CONTRACTING THE VIRUS THAT CAUSES COVID-19 ASSOCIATED WITH USE OF THE ASSOCIATION FACILITIES. USER HEREBY ACKNOWLEDGES THAT THE USER’S USE THE ASSOCIATION FACILITIES IS DONE WITH FULL KNOWLEDGE AND DISCLOSURE OF THE RISKS AND DANGERS ASSOCIATED WITH SUCH USE. USER SHALL COMPLY (AND SHALL CAUSE ANY GUESTS, INVITEES, OR LICENSEES OF USER TO COMPLY) WITH THE ASSOCIATIONS’ RULES, REGULATIONS, GUIDELINES, POLICIES, AND RESTRICTIONS AND ANY LOCAL OR FEDERAL GUIDANCE OR RULES GOVERNING USER’S (AND USER’S GUESTS’, INVITEES’, AND LICENSEES’) USE OF THE ASSOCIATION FACILITIES.

2.              USER HEREBY ASSUMES ALL RESPONSIBILITY FOR AND ALL RISK OF DAMAGE OR LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, DEATH, AND DAMAGES OF ANY KIND (COLLECTIVELY, “DAMAGE”), SUSTAINED BY USER OR ANY OTHER PARTY ARISING OUT OF OR RELATING TO USER’S (OR USER’S GUESTS’, INVITEES’, OR LICENSEES’) PRESENCE IN OR USE OF THE ASSOCIATION FACILITIES. THIS ASSUMPTION OF RESPONSIBILITY AND RISK INCLUDES (WITHOUT LIMITATION) SUCH DAMAGE CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF: THE ASSOCIATIONS, SIENNA PLANTATION PROPERTY OWNERS ASSOCIATION, INC., SIENNA/JOHNSON DEVELOPMENT, L.P., A TEXAS LIMITED PARTNERSHIP, TOLL-GTIS PROPERTY OWNER, LLC, A TEXAS LIMITED LIABILITY COMPANY, CHESMAR HOMES, LLC, A TEXAS LIMITED LIABILITY COMPANY, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUBCONTRACTORS OF ANY TIER (COLLECTIVELY, THE “INDEMNIFIED PARTIES”). USER ACKNOWLEDGES THAT INDEMNIFIED PARTIES ARE NOT INSURERS AND THAT USER ASSUMES ALL RISKS FOR PERSONAL INJURY, LOSS, DAMAGE, OR DEATH, INCLUDING PERSONAL PROPERTY LOSS OR DAMAGE, AND USER FURTHER ACKNOWLEDGES THAT THE INDEMNIFIED PARTIES HAVE MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS THE USER RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE SAFETY OF THE ASSOCIATION FACILITIES.

3.              USER ACKNOWLEDGES THAT IT IS USER’S (AND USER’S GUESTS’, INVITEES’, AND LICENSEES’) RESPONSIBILITY TO CONSULT WITH A PHYSICIAN BEFORE USING THE ASSOCIATION FACILITIES. USER REPRESENTS AND WARRANTS TO THE INDEMNIFIED PARTIES THAT USER AND ANY OF USER’S GUESTS, INVITEES, AND LICENSEES ARE SUFFICIENTLY HEALTHY AND PHYSICALLY ABLE TO USE THE ASSOCIATION FACILITIES AND ENGAGE IN PHYSICAL ACTIVITIES IN THE ASSOCIATION FACILITIES. USER REPRESENTS AND WARRANTS TO THE INDEMNIFIED PARTIES THAT USER WILL NOT USE THE ASSOCIATION FACILITIES FOR A PERIOD OF FOURTEEN (14) DAYS IF USER OR SOMEONE IN USER’S HOME IS SICK OR HAS BEEN EXPOSED TO SOMEONE WHO IS SICK.

4.              USER SHALL INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE INDEMNIFIED PARTIES FROM AND AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY USER OR BY ANY GUESTS, INVITEES, OR LICENSEES OF USER) IF SUCH CLAIMS ARISE OUT OF OR RELATE TO USER’S OR ANY OF SUCH THIRD PARTIES’ PRESENCE IN OR USE OF THE ASSOCIATION FACILITIES. THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE, REGARDLESS OF WHETHER SUCH NEGLIGENCE IS THE SOLE, JOINT, COMPARATIVE OR CONTRIBUTORY CAUSE OF ANY CLAIM.

5.              Photo ID Cards. Photo ID cards are required for accessing some of the facilities and amenities located within the Sienna development. User acknowledges and understands that User and each member of User’s household (or, in the case of a household member who is under the age of 18, such household member’s parent or guardian) must execute a copy of this Agreement prior to receiving a photo ID card.

6.              Miscellaneous. This Agreement is in addition to any prior written agreements between the Associations and User regarding User’s use of any of the Association Facilities. In the event a conflict exists between a prior agreement and this Agreement, the terms of this Agreement shall control. If any term or provision of this Agreement or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent, then the remaining terms and provisions and their application to other parties or circumstances will not be affected thereby and will be enforced to the greatest extent permitted by law. This Agreement is binding on and will inure to the benefit of the Associations and User and their respective successors and assigns. All matters arising out of or relating to this Agreement will be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the state courts located in Fort Bend County, Texas and I hereby consent to the exclusive jurisdiction of such courts.

User acknowledges that User has read and understands this Waiver of Liability, Disclaimer, and Indemnity Agreement, as well as the rules, regulations, guidelines, policies, and restrictions promulgated by the Associations governing User’s use of the Association Facilities. User knowingly and voluntarily agrees to the terms and conditions stated above.