Amenity Rental Agreement
DEPOSIT: I understand and agree that I am required to pay to Amelia Walk Community Development District (the “District”), a security deposit (the “Deposit”) (see Rules & Regulations for Deposit amount) that the District may draw from, in part or in full, in the event that the Amenity is damaged or left in an unsanitary condition. I understand that upon submittal of this online Application and Agreement, I will be required to provide a check made payable to Amelia Walk Community Development District in the amount of the Deposit to the Amenity Center Manager at least seven (7) days before my event is scheduled to occur and receive approval and confirmation of my event from the Amenity Center Manager in order to complete the Application Process. I understand and agree that the Deposit will be returned to me at the conclusion of my scheduled event (the “Event”), unless I violate any provision of this Application and Agreement or leave the Amenity damaged or in an unsanitary condition. Furthermore, I understand that I shall be financially responsible, and otherwise liable, for any and all damage done to the Amenity during the Event and to the extent that damage to the Amenity is caused by myself, my guests, or those persons present at the Event, the District shall have the right to undertake such maintenance and repairs at my sole cost and expense to be due immediately and payable to the District from the Deposit. However, nothing herein is intended to, nor shall be deemed to modify, limit, release, or waive any of the District’s rights, remedies or privileges at law or in equity, all of which are specifically reserved hereby.
RENTAL FEE: I understand and agree that that upon submittal of this online Application and Agreement, I am required to pay to the District an hourly rental fee (the “Rental Fee”) (see Rules & Regulations for Rental Fee amount) for the Amenity selected above. I also understand that the Rental Fee check shall be made payable to Amelia Walk Community Development District and shall be provided to the Amenity Center Manager at least seven (7) days before my event is scheduled to occur and I understand that I must receive approval and confirmation of my event from the Amenity Center Manager in order to complete the Application Process.
TERMINATION: I agree that upon termination of the Event, by myself or the District, whether in writing or verbally, the District 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 approved by the Manager, I shall abide by the terms and conditions of the Amelia Walk Community Development District Policies Regarding Use of the District’s Amenity Center, the Rules & Regulations, and this Application. I agree that if the Amenity is damaged in any way during the Event, I may lose future rental privileges as a result of said damage.
WAIVER & RELEASE OF LIABILITY: In consideration for the privilege to use the Amenity, I hereby waive, release, and agree not-to-sue AW Venture I, LLC, Amelia Walk Community Development District, Governmental Management Services, 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 Amenity, 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 Amenity, even if caused by negligence, gross negligence, or willful misconduct of the Releasees. Furthermore, in exchange for the privilege to use the Amenity, I hereby release any right to any Claims against the Releasees related to my use of the Amenity.
I am aware that the use of the Amenity may involve a risk of injury or death. I am voluntarily using the Amenity with the knowledge of the dangers involved. I hereby agree to expressly assume and accept all risks associated with my use of the Amenity. 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 Amenity.
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 Nassau County, Florida.
ENTIRE AGREEMENT: This Application contains the entire agreement between the parties with respect to the rental of the Amenity associated with the 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 Amenity, I must be 18 years of age or older, freely signing this Application, and if I am a resident of Amelia Walk Community Development District, I must be in good standing with the District. 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 Amenity and that I am giving up legal rights and remedies on behalf of myself, my family, estate, heirs, and/or assigns.