Facility Rental Policy Sienna Plantation Residential Association Inc.
WHEREAS, the property encumbered by this Facility Rental Policy (the "Policy'') is the property restricted by the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Sienna Plantation (Sienna Plantation Residential Association, Inc.) recorded under Fort Bend County Clerk's File No. 2012104699 (the “Declaration"), as same may have been or 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, this Policy replaces in its entirety that previously recorded Facility Rental Policy, recorded under Clerk's File No. 2018045883 in the Official Public Records of Fort Bend County, Texas; and WHEREAS, reference is hereby made to the Declaration for all purposes, and any and all capitalized terms used herein shall have the meanings set forth in the Declaration, unless otherwise specified herein; and WHEREAS, pursuant to the authority granted in Article III, Section Ci(f) of the Sixth Amended and Restated Bylaws of SPRAI, as same may be amended from time to time, the Board is vested with the authority to promulgate Policies, Rules and Regulations for SPRAI; and WHEREAS, in the event of a conflict between the terms of this Policy and any previously adopted Rules, Regulations and/or Policies, this Policy shall control; and WHEREAS, the Board desires to establish a uniform and systematic procedure regarding facility rental. NOW, THEREFORE, IT IS RESOLVED, that the following Policy is hereby adopted by the Board:
I. POLICY STATEMENT Sienna Plantation 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 Plantation 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, Sienna 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 Sienna Plantation 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 Plantation Residential Association, Inc. and Sienna facilities shall hereinafter be referred to as 'Sienna'.
II. PROCEDURES FOR RESERVING SIENNA FACILITIES (NON-POOL) Sienna facilities shall be available on a first-come, first-serve basis. Reservation applications for use of Sienna 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. Refer to Sienna's Pool Rental Policy for procedures on reserving pool facilities.
Reservations requests are accepted a minimum of ten (10) business days in advance of a function. Sienna facilities may be reserved a maximum of one year in advance from the current date. (i.e. on Sept. 1, 2016, reservations will be accepted through Sept. 1, 2017). 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 Sienna Hospitality Coordinator and reviewed/approved by the Sienna Recreation Director. Association Management shall notify an applicant within ten (10) business days of receipt of an application to confirm the availability of Sienna 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 Sienna 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 Exhibits A-D for facility-specific rules, policies and guidelines.
III. ELIGIBILITY Facility reservations and rentals are limited to individuals residing in Sienna. Applicants must be a legal owner or lessee of a residential property in Sienna Plantation and must show acceptable proof of residence in Sienna. All applicants are required to be current with their Sienna annual assessment payment or applicants must be current in a payment plan with Sienna covering said annual assessment payments (for applicants who are leasing a Sienna property, the property owner must be current).
The person signing the application must handle all transactions, inquiries and changes. Applicant must provide the name and contact information for at least one (1) additional alternate individual as a contact for the reservation or rental. Applicant is required to be present at the rental event and available to Association Management during the entire course of the event for which the applicant made a reservation.
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 Sienna facilities be for any other purpose other than what is stated on the application. Sienna reserves the right to disapprove the application to reserve or rent the facilities based on the applicant's and/or applicant's guests' previous rental history. Sienna facilities may not be reserved or rented for commercial purposes except for the purpose of employee meetings and special events. Sienna 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.
Any reservation or rental agreement is revocable by Sienna at any time upon good cause. This rental agreement may be terminated by Sienna 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). Conduct and Compliance with Applicable Laws and Dedicatory Instruments Applicant and applicant's agents, contractors, licensees, invitees, participants and/or guests using Sienna 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 Sienna 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 Sienna'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 Association Management 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. Sienna 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.
Occupancy Limits A maximum number of persons permitted to occupy a particular Sienna facility shall be as set forth in Section
VII. Sienna Fees for facility room capacities. 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. Sienna Plantation 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 the facility 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 drive adjacent to the Club Sienna building. 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. 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 Sienna facilities and premises without advance written consent of Association Management. Sienna 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 staffing services.
Sienna 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 Sienna 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 Association Management and personnel reserve the right to require the applicant to reduce sound levels if deemed necessary. Failure to reduce sound levels upon request by Association Management 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.
No Smoking or Glass Containers
There is a NO SMOKING POLICY (including e-cigarettes) inside and within 50 feet of Sienna buildings / facilities. Decorations No decorations of any type shall be attached to the structures, ceiling, walls, or furnishings within Sienna facilities and premises.
NO GLITTER, CONFETTI, RICE OR BIRDSEED SHALL BE PERMITTED inside Sienna 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. 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. Clean Up Applicant shall return Sienna 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. Emergencies If additional Association Management, other than those already on duty, are called out to respond to an emergency that is not the fault or responsibility of Association Management, applicant will be billed a minimum of $75.00 for the first hour and $25.00 per hour thereafter for services rendered. 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. 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. Event Security Sienna has the right to require uniformed law enforcement officers for any and all events. Cost for security, as determined by Sienna, 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 Management, 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 Sienna, shall be in attendance at the full duration of the event at Sienna 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 Management. All costs and payments for law enforcement officers shall be the responsibility of the applicant, and shall be controlled by Association Management. Standard Security Guidelines: 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 Association Management, 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. Sienna 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 2) times their regular hourly rate. Personal Property Sienna 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, Sienna 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 Sienna facilities and its grounds, or by security services. After expiration of the rental time/agreement, or termination and/or cancellation of the event, by Sienna or applicant, Sienna 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. Sienna shall not be liable in any way to applicant, participants or guests on account of removing, storing or disposing of such personal property.
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 payable to 'SPRAI' 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 fee schedule. Provided, however, if the proposed event is to include activities which, in the opinion of Association Management, create additional risk to the facility or furnishings, or necessitate additional custodial services, Association Management is authorized to require such additional amounts for the security deposit as management 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 Sienna 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 personnel 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 staff emergency response exceed the security deposit. Applicant is required to leave Sienna facilities in the same condition as found upon arrival. Applicant assumes liability for the cost of repairing damage or loss to Sienna property caused by applicant and applicant's agents, contractors, licensees, invitees, participants and/or guests, and agrees to reimburse Sienna for all costs which may be incurred in excess of the damage/security deposit for repair, replacement, or payment for any property of Sienna which is damaged, destroyed, misplaced or stolen, by applicant, participants or guests.
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 SPRAI to the renter within approximately four-to-six weeks after the function.
Deposits made in the form of a credit card payment will be issued by SPRAI to the renter within approximately 7-10 days after the function.
LIABILITY INSURANCE AND INDEMNIFICATION
Sienna 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 Sienna.
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 Assoication, 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 Plantation Community Facilities By Applicant, Applicant'S Agents, Contractors, Licensees, Invitees, And/Or Guest.
All persons using the pool and pool area do so at their own risk. Swimming is allowed only when a lifeguard is on duty. Current Sienna ID Cards and Guest Cards are required for entry to the Association's pools. Limit of 5 guests will be allowed per visit per family on a guest card. Members are responsible for the behavior of their guests and must remain at the pool with their guests at all times. Residents ages 10 21 without an adult present may only bring in 1 guest for each visit.
Organized groups of 12 or more (including groups of residents and guests) are required to schedule a pool/party reservation in advance (10 days in advance) with the contracted pool management company.
Only Coast Guard approved flotation devices are allowed. Rafts, noodles, "Floaties/Swimmies” are not allowed unless posted.
Only clothing manufactured with the intent of being worn for swimming may be worn in the pool.
A non-swimmer who needs flotation devices should always be within arms' reach of a swimmer capable of keeping the non-swimmer afloat.
Persons who are incontinent or not potty-trained must be in water-proof swim diapers while in the pool.
Patrons should immediately report to a lifeguard any incident in which a person has urinated or defecated in or around the pool, so that all necessary steps are taken to cleanse the water.
Children under the age of 10 must be accompanied by someone 18 years of age or older. Alcohol, tobacco products and smoking are prohibited.
Food and drinks are not permitted in areas designated for swimming and aquatic recreation.
Food and drink are permitted in pool deck seating areas only.
No glass containers.
Lap lanes are for designated lap swimming only; swim on the right side in counter-clockwise direction.
Lane ropes are not to be held or sat on.
Running, pushing, wrestling, dunking, excessive splashing or causing undue disturbance is prohibited. A
ssociation and/or pool management reserve the right to remove a resident or guest from the facility if deemed necessary.
All pool users must vacate the pool during breaks.
Pool may be closed or its use limited at the discretion of Pool Manager due to weather, operational difficulties, or overcrowding.
Lightning or thunder will result in pool closing for 20 minutes after the last visual or audible evidence. Association and pool management are not responsible for loss or damage to personal property.
• Enter at designated locations.
• No jumping or diving into the catch pool.
• Non-swimmers must be closely supervised at all times by a responsible adult.
• Divers must use the ladder to reach the diving board. • No diving from the side of the pool
One person at a time on the ladder and the diving board. Wait for the lifeguard's signal before diving.
Each dive must be executed in one (1) bounce. Divers must not do inwards or back flips.
Divers must control their dive by not diving towards the side of the pool.
Divers must stay in a straight line from the end of the board.
No swimming in diving areas unless the lifeguard closes the diving boards.
WAIVER OF LIABILITY, DISCLAIMER, AND INDEMNITY AGREEMENT
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.