Amenity Rental Agreement
DEPOSIT: I understand and agree that if this Amenity Center Rental Application and Agreement (this “Application”) is accepted and approved by the Longleaf Master Homeowners Association (the “Association”) Lifestyle Director (the “Director”) or Facility Manager (the “Manager”), that I am required to pay to the Association, within five (5) days of said acceptance and approval, a security deposit (the “Deposit”) in the amount of $250.00 in the event that the Amenity Center or any Association property is damaged or left in an unsanitary condition. I understand and agree that the Deposit will be returned to me at the conclusion of my scheduled event (the “Event”) unless I breach this Application. Furthermore, I understand that I shall be financially responsible, and otherwise liable, for any and all damage that occurred to the Rental Area or any other Association property during the Event. To the extent that damage to the Rental Area or other Association Property is caused by myself, my guests, or those persons present at the Event, the Association shall have the right to undertake such maintenance and repairs at my sole cost and expense to be due immediately and payable to the Association from the Deposit. However, nothing herein is intended to, nor shall be deemed to modify, limit, release, or waive any of the Association’s rights, remedies or privileges at law or in equity, all of which are specifically reserved hereby.
RENTAL FEE: I understand and agree that if this Application is accepted and approved by the Director or Manager, I will pay to the Association, within five (5) days of said acceptance and approval, a $50 rental fee (the “Rental Fee”) (see Rules & Regulations for Rental Fee amount) to cover the first 3 hours, and a $25 fee for each additional hour, not to exceed 6 hours for the Covered Patio rental. I understand that the preferred method of payment is two bank checks, one for the Deposit and one for the Rental Fee payable to the order of Longleaf Master Homeowners Association I understand and agree that my failure to deliver the Deposit and the Rental Fee within that time will result in termination of the Event.
TERMINATION: I agree that upon termination of the Event, by myself or the Community Manager, whether in writing or verbally, the Community Manager shall retain the right to replace the Event with another event in order to recoup any costs and / or expenses associated with the lost revenue expected from the Event.
GOVERNING DOCUMENTS: I understand and agree that if this Application is accepted and approved by the Board of Directors or Community Manager, I shall abide by the terms and conditions set forth in the Declaration of Covenants, Conditions and Restrictions for Longleaf, the Longleaf Master Homeowners Association, Inc. Amenity Center Policy Handbook and this Application. I also understand and agree that if the Rental Area is damaged in any way during the Event or if I fail to abide by above described Governing Documents, I may lose future rental privileges.
WAIVER & RELEASE OF LIABILITY: In consideration for the privilege to use the Rental Area and the Amenity Center, I hereby waive, release, and agree not-to-sue Longleaf Master Homeowners Association, Inc., Lennar Homes, LLC and Evergreen Lifestyles Management, LLC, and each of their respective subsidiaries, affiliates, shareholders/members (as applicable), owners, officers, directors, partners, agents, representatives, and employees, successors, and assigns (collectively, the “Releasees”) for, from, and against any and all past, present, and future liabilities, obligations, damages, losses, claims, demands, costs, or expenses (collectively, “Claims”) that may be made by me, my family, estate, heirs, and/or assigns for all injuries and damages, including without limitation, loss, theft, property damage, personal injury, or wrongful death arising from or alleged to have arisen as a result of my use of the Rental Area or Association property wherever, whenever, or however the same may occur. I understand and agree that Releasees are not responsible for any injury or property damage arising out of, or alleged to have arisen from the use of the Rental Area or Amenity Center, even if caused by negligence, gross negligence, or willful misconduct of the Releasees. Furthermore, in exchange for the privilege to use the Rental Area or Amenity Center, I hereby release any right to any Claims against the Releasees related to my use of the Rental Area or Amenity Center.
I am aware that the use of the Rental Area and / or Amenity Center may involve a risk of injury or death. I am voluntarily using the Rental Area and / or Amenity Center with the knowledge of the dangers involved. I hereby agree to expressly assume and accept all risks associated with my use of the Rental Area and / or Amenity Center. I understand that the Releases will not maintain insurance which will cover me for personal injury, property damage, or medical expenses, and I accept full responsibility for the costs of treatment for any injury or damage suffered while using the Rental Area and or Amenity Center.
GOVERNING LAW: I understand that this Application is intended to be as broad and inclusive as permitted by the laws of the State of Florida and I agree that that if any portion of this Application is invalid, the remainder will continue in full legal force and effect. I further agree that this Application shall be governed by the laws of the State of Florida. In the event of a dispute concerning this Application, I agree that any legal proceedings shall take place exclusively in Duval County, Florida.
ENTIRE AGREEMENT: This Application contains the entire agreement between the parties with respect to the rental of the Rental Area or Amenity Center and all other representations, negotiations, and agreements, written or oral, are suspended by this Application and are of no force or effect.
I understand and agree that in order to complete this Application and reserve the Rental Area, I must be 18 years of age or older, freely signing this Application, and if I am a resident of the Longleaf Master Homeowners Association and I must be in good standing with the Association. I also agree that I have read this Application and understand that by signing this Application, I am agreeing to be bound by the terms and conditions set forth herein in consideration for the use of the Rental Area or Amenity Center and that I am giving up legal rights and remedies on behalf of myself, my family, estate, heirs, and/or assigns.