Page 1 of 13 in the recorded document
DOC #2021152075 Pages 32
SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS
for
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
The undersigned, being the authorized representative for Thousand Oaks Property Owners Association, Inc. (the “Association”), a property owner's association as defined in Section 202.001 of the Texas Property Code, hereby supplements the “Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” and “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” recorded in the Official Public Records of Real Property of Montgomery County, Texas under Clerk’s File Nos. 2021089077 and 2021128436 ("Notice"), the “Certificate of Secretary of Thousand Oaks Property Owners Association, Inc. regarding Supplemental Lake Rules” and the “Certificate of Secretary of Thousand Oaks Property Owners Association, Inc. regarding Common Area Rules”, recorded in the Official Public Records of Real Property of Montgomery County, Texas, under Clerks’ File Nos. 2021140608 and 2021140609 (“Certificate”), which Notice and Certificate were filed of record for the purpose of complying with Section 202.006 of the Texas Property Code. *
Additional Dedicatory Instrument. In addition to the Dedicatory Instruments identified in the Notice and Certificate, the following documents are Dedicatory Instruments governing the Association:
Thousand Oaks Property Owners Association, Inc. Residential
Guidelines
Thousand Oaks POA & Palm Lake Recreation Association Lake Rules
& Regulations
Thousand Oaks POA Boat Registration Form
True and correct copies of such Dedicatory Instruments are attached to this Supplemental Notice.
Supplemental Notice of Dedicatory Instruments for Thousand Oaks Page 1 of 2
Page 2 of 13 in the recorded document
This Supplemental Notice is being recorded in the Official Public Records of Real Property of Montgomery County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. I hereby certify that the information set forth in this Supplemental Notice is true and correct and that the copies of the Dedicatory Instruments attached to this Notice are true and correct copies of the originals.
Executed on this 1st day of November, 2021.
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
{ \
Ashley Koirtyohann, authorized representative
By:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned notary public, on this 1st day of November, 2021 personally appeared Ashley Koirtyohann, authorized representative of Thousand Oaks Property Owners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and in the capacity therein expressed.
fej My Commission Expires
AN
ER SANAA HAZRATJEE 3
. \ Notary ID No SE otary ID #131525143 Notary Public in and for the State of Texas Pare April 11, 2022
Supplemental Notice of Dedicatory Instruments for Thousand Oaks Page 2 of 2
Page 3 of 13 in the recorded document
This document is being recorded as a COURTESY ONLY by Roberts Markel Weinberg Butler Hailey PC, without review and without liability, expressed or implied.
THOUSAND OAKS POA & PALM LAKE RECREATION ASSOCIATION
LAKE RULES AND REGULATIONS
The following Rules and Regulations are in effect immediately.
INTRODUCTION
The Board of Directors of Thousand Oaks Property Owners Association (hereinafter “the POA”) and Palm Lake Recreation Association (hereinafter “PLRA”) reserves the right to establish, promote and enforce Lake Rules and Regulations for the recreational use of the PLRA Lake and Thousand Oaks Slalom Lake. This includes, but is not be limited to, restricting access to and use of the lakes periodically in order to: 1) perform tests of fish population, aquatic plants and other water life; 2) chemically treat and/or perform other necessary maintenance on the lakes; and 3) for any other purpose deemed necessary. These Lake Rules and Regulations are in addition to State and Federal laws governing water and boating activities.
RULES AND REGULATIONS
General
1. All applicable Federal, State or County regulations/restrictions/laws shall govern and will be enforced.
2. Property Owners shall be responsible for the conduct of their family members, guests and invitees.
3. Overnight parking of any vehicles, including but not limited to recreational vehicles, watercraft, and/or campers, shall be prohibited on community access areas.
4. Property Owners, as well as their guests and invitees, shall use the lakes at their own risk. No lifeguards
are provided.
Guests and invitees must be accompanied by a Property Owner at all times.
6. Children under the age of thirteen (13) must be accompanied by a parent or guardian over the age of eighteen (18) while using the lakes.
7. Access to the lakes is permitted in designated areas only.
8. Dumping or disposing of litter, refuse, chemicals or other foreign liquids/compounds into or around the lakes is prohibited.
9. Property Owners, as well as their invitees and guests, are not permitted to introduce or harvest water fowl, fish or aquatic vegetation without the prior written approval of the POA & PLRA Board of Directors.
10. Hunting of water fowl is prohibited. (Note: Game management will be enforced by the appropriate authorities.)
11. Discharge of firearms is strictly prohibited in and around the lakes.
12. Special Events — Should a Property Owner wish to use one of the lakes for a special event (e.g., fishing rodeo, company picnic, church outing, triathlon, etc.), the POA shall require:
a. Any activity affiliated with an outside organization shall be sponsored by a Thousand Oaks property owner who is a member of the organization and participating in the event as well as registered to use the boat launch. In addition, a usage and release of liability agreement must be executed by each participant and a certificate of general liability insurance for property damage and bodily injury of not less than $1 million showing Thousand Oaks POA as additionally insured shall be provided upon approval of the event and not less than 15 days prior to the event, OR
aa
TOPOA Lake Rules Regulations 09.23.21 Page | of 7 Updated 9/23/21
Page 4 of 13 in the recorded document
b. Any activity sponsored solely by a Thousand Oaks property owner consisting of more than 10 participants shall provide a usage and release of liability agreement executed by each individual participant.
Requests for use of the lake for special event purposes must be submitted through the Management
Company and shall be subject to prior written approval by the TOPOA Board of Directors and PLRA.
Disruption of normal usage of the lake by all property owners and date, time and season will be
considered by the Board when reviewing a request and may be grounds for denial. The Board may
assess a fee for usage and/or deposit for damages as it determines is necessary.
13. Access to the lakes requires appropriate identification as defined by the POA. 14. Keys will not be issued for non motorized water craft or floatation devices
15.NO VESSEL OF ANY KIND IS ALLOWED TO BE OPERATED AFTER DARK FOR ANY
REASON.
Boating
All motorized watercraft must meet the registration requirements listed below. The Property Owner of record must sign the Watercraft Registration Form. Once registration is completed and a $50 refundable key deposit is received, one (1) key to access the Boat Launch area will be provided to the owner.
a. At the time of registration, current proof of liability insurance and ownership must be shown for each watercraft registered. Watercraft that are registered must be owned by the Property Owner.
b. First access key is available with a $50 refundable deposit. Deposit will be refunded once the key has been returned to the HOA management company. Any additional replacement keys will be $150 non-refundable fee.
c. Guest, or rental craft will not be permitted on any lake. Watercraft must have aboard all TPWD required equipment. These include: Certified life vests for every boater (including Personal Watercraft), fire extinguisher, mirror, horn or whistle, and running lights (where appropriate). When someone is in the water an orange ‘down-tow flag ‘ should be used. Exempted from registration are canoes, kayaks, paddleboats, and other manually operated craft.
Vessels. No watercraft will be permitted that exceeds twenty-four (24) feet in length (length determined by TPWD registration) on any TOPOA or PLRA Lake. NO BASS BOATS, CENTER
CONSOLE, PONTOON BOATS OR OUTBOARD ENGINES WILL BE PERMITTED. NO
VESSEL WITH AN INBOARD/OUTBOARD MOTOR WILL BE ALLOWED UNLESS
REGISTERED WITH TOPOA AND PLRA PRIOR TO 08/31/2021.
The following classes of vessels are the only types of vessels permitted to enter the waters of TOPOA ski or PLRA Lake:
Personal Watercraft: They come in lengths from 9 to 14 feet. They are usually built for 1 or 2 people but larger, more powerful model can seat up to 4. They are powered by jet drive.
Ski and Wakeboard Boat : These boats are designed specifically for water sports. They can be ballasted for producing higher wakes for trick skiing and water boarding. They are also great for pulling inflatable tubes.
The Property Owner is accountable for the safe conduct of the watercraft and all guests.
No more than two (2) vessels operating simultaneously are permitted on the lake. Additional vessels may be moored, tied to docks, or anchored along the shoreline provided they are visibly parked/stored and without crew or passengers. Motorized, manual, electric and wind propelled vessels are subject to this requirement.
Motorized watercraft shall travel in a counterclockwise direction with speeds limits of 5 mph in “no wake” zones and 37 mph maximum outside the “no wake” zones.
TOPOA Lake Rules Regulations 09.23.21 Page 2 of 7 Updated 9/23/21
Page 5 of 13 in the recorded document
Operating a watercraft under the influence of drugs and/or alcohol is illegal and unsafe. Anyone suspected of being under the influence or intoxicated will be reported to the appropriate law enforcement agency. A zero tolerance policy will be enforced regarding operating watercraft while intoxicated. Violations may result in suspension of lake privileges and will require a hearing before the Board of Directors per Texas Property Code 209.006. Motorized watercraft must not travel within 100 feet of another watercraft or within 200 feet of a person who is being towed by another watercraft, unless traveling at “no wake” speed). All watercraft behind or beside a person-in-tow must maintain a safe distance of a minimum of 200 feet clearance to allow time to avoid a fallen skier. When a faster moving watercraft approaches another slower moving watercraft that has a person-in-tow, the faster watercraft must: (1) stop and wait; or (2) slow down or alter course to maintain a safe and minimum following distance (200 feet). If the overtaking watercraft is also pulling a skier the overtaking watercraft may elect to turn around by turning left (counter-clock-wise) across the middle area of the lake and carefully entering into the flow of traffic in the opposite direction. Watercraft shall not pass persons-in-tow unless the 200 foot clearance can be maintained. Boats (motorized or non-motorized) are not permitted on the lake during any inclement weather. This includes light to heavy rain that could visually impair the operator of a moving watercraft, any period when lightning is in the area, or when heavy wave action is occurring due to high winds. Use of the boat launch facility is restricted to properly registered Thousand Oaks Property Owner Association members. Motorized watercraft belonging to relatives, friends, and guests are not permitted. It is unlawful and against applicable lake rules to operate watercraft in a reckless manner and/or at a rate of speed greater than 37 mph maximum or greater than will permit the operator to bring the watercraft to a stop within the assured clear distance ahead. Determination of reckless, reasonable or prudent operation of watercraft will be at the sole judgment of the TOPOA and person(s) appointed by the TOPOA. Violations may result in suspension of lake privileges and will require a hearing before the Board of Directors per Texas Property Code 209.006. The right-of-way, as defined by the Inland Navigation Rules of the Federal Collision Avoidance Regulations, will be yielded in the following order: PWC’s yield to motorboats (includes electric motors), to watercraft with a person in tow, to sailboats, to manually operated watercraft, and all watercraft will yield to swimmers. It is expected that sailboats, paddleboats and swimmers will be careful not to put themselves in harm’s way. Manual, electric or wind propelled vessels are permitted on all lakes. On The lake, these boats shall have the right-of-way over motorized watercraft. Adequate liability insurance shall be required in order to operate watercraft on the lakes. All watercraft owners shall wash down their vessels before launching them into the lakes in order to prevent the introduction of unwanted aquatic plant life, such as hydrilla or Brazilian Elodea. Launching of trailered watercraft from private property is prohibited. It is unlawful and against applicable lake rules to operate a watercraft in a circular course around swimmers, to remain stationary for an extended period or to operate the vessel in such a way as to prevent, impede, or interfere with safe passage of any other boat through the same area. It is expressly forbidden for any watercraft to jump the wake of any watercraft that has a person in tow. It is unlawful and against applicable lake rules to operate a motorized craft within 50 feet of a “Skier Down Flag” or operate a boat within 150 feet of a “Skier Down Flag” except at ‘headway / steerage’ speed. Every boat or PWC towing a person(s) on water skis, tubes or other similar device must have:
a. An observer, or
b. A rearview mirror, and
c. An orange caution flag, which must be raised to indicate persons in the water.
TOPOA Lake Rules Regulations 09.23.21 Page 3 of 7 Updated 9/23/21
Page 6 of 13 in the recorded document
A PWC must be rated for at least two (2) persons when towing persons on water skis, tubes or a similar device. If an observer is used, the PWC must be rated for three (3) people; the driver, the observer and the retrieved skier. All watercraft behind or beside a person-in-tow must maintain a safe distance of a minimum of 200 feet clearance to allow time to avoid a fallen skier. When a faster moving watercraft approaches another slower moving watercraft that has a person-in-tow, the faster watercraft must: (1) stop and wait; or (2) slow down or alter course to maintain a safe and minimum following distance (200 feet). Watercraft shall not pass persons-in-tow unless the 75 foot clearance can be maintained. Operators of watercraft so equipped must wear an engaged motor kill switch device (required on PWC’s). “Sporting operation” (trick maneuvers, “donuts”, etc.) of PWC’s must be conducted on a “non-occupied” part of the lake; i.e., no other watercraft within 300 feet. PWC operators and riders must wear a Coast Guard approved personal floatation device (PFD). Persons towed in any manner must wear a Coast Guard Approved PFD. Children under thirteen (13) years of age are expressly prohibited from operating a PWC unless accompanied on board by a person at least eighteen (18) years of age. Watercraft racing is prohibited. (Caution: Some insurance companies may deem liability coverage void if watercraft is used for racing or negligent behavior.) Any Property Owner giving or loaning their gate access key to someone (even another Property Owner) will have committed a rule violation. A Property Owner shall be responsible for damages to POA, personal property of residents adjoining the lake and other watercraft, when damages arise from the negligence of Property Owner or Property Owner’s guests or invitees. Property Owners shall be responsible for the remediation of any pollution of the lake waters, including petroleum-based liquids or products emanating from their watercraft or person(s) in their watercraft. Operation of a powerboat or personal watercraft (PWC):
a. Powerboats - You must be sixteen (16) years of age or older to operate a boat powered by a motor of 15 horsepower or more, unless: i) Yow are thirteen (13) years of age or older and have passed a boater education course approved by Texas Parks & Wildlife; or ii) You are accompanied by a person on board who is eighteen (18) years of age or older. Note that the mandatory boater education law supersedes this law limiting the age of powerboat operators. This means that if you are less than eighteen (18) years of age, you must have passed a boater education course approved by Texas Parks & Wildlife to operate a boat powered by a motor of 10 horsepower or more.
b. PWC - You must be sixteen (16) years of age or older to operate a PWC, unless: i) You are thirteen (13) years of age or older and have passed a boater education course approved by Texas Parks & Wildlife; or ii) You are accompanied by a person on board who is eighteen (18) years of age or older. Note that the mandatory boater education law supersedes this law limiting the age of PWC operators. This means that if you are less than 18 years of age, you must have passed a boater education course approved by Texas Parks & Wildlife to operate a PWC powered by a motor of 10 horsepower or more. Property Owner and/or guest shall not operate more than one (1) boat or two (2) PWC’s on the lake at the same time. Time on the lake shall be limited to thirty (30) minutes, per lake user outing. A user can continue his/her use for longer if there are no other watercraft users waiting in line. If there are others in line, the user(s) on the lake with (30) minutes or more use must give up their slot to the next user in line. If a previous user wants more time on the lake, they can go to the end of the line or come back later in the day to get back in line for more usage time.
TOPOA Lake Rules Regulations 09.23.21 Page 4 of 7 Updated 9/23/21
Page 7 of 13 in the recorded document
The above Boating Rules and Regulations may include laws established by the Texas Parks and Wildlife Department and other State and Federal agency’s, but do not include all state and federal laws, many of which change from time to time. It is the intention of the TOPOA for Property Owners, residents and their guests to comply with the established rules as published as well as all County, State and Federal laws. The TOPOA may at its sole discretion assess fines or limit access to Property Owners, residents and/or their guests for violations of applicable POA Rules and Regulations, as well as County, State and Federal laws. The TOPOA and/or persons designated by the TOPOA may require a violator of these Rules and Regulations to leave the lake, and may also solicit law enforcement agencies to facilitate removal of non-complaint lake users or trespassers if so required to enforce applicable laws.
Swimming
1. Swimming is permitted within the swimming / “no wake” buoys and the shoreline. 2. Buoys are NOT to be used by swimmers as floatation devices or to dock watercraft. 3. Swimming is not permitted within 50 feet of individuals fishing, if the person fishing is there first.
Fishin
1. Eligible POA members and their guests are permitted to fish in the lakes from the shoreline, docks and fishing boats.
2. Only electric (trolling motors), manual or wind powered watercraft are allowed on the lakes for fishing purposes before sunrise or after sunset.
3. Only recreational fishing is permitted. Until further notice, recreational fishing shall mean catch and release.
4. Seining, netting, use of trot lines, shocking or bow fishing is not permitted.
5. Taking fish from the lakes for commercial purposes or other non-recreational use is strictly prohibited. Any person found taking fish for commercial purposes or other non-recreational use may be barred/suspended from fishing in the lakes at the sole discretion of the TOPOA Board.
6. Fishing is not permitted within 50 feet of a swimmer if the swimmer is there first.
7. A fishing license is not required to fish in these lakes.
POSSIBLE ACTION AND RESULTS FOR NON-COMPLIANCE WITH RULES AND
REGULATIONS
1. Periodic patrol by authorized personnel of the lakes and boat launch areas will be performed to identify non-compliance with Rules and Regulations. Lake users approached from another watercraft or the shoreline by authorities having jurisdiction (security/law enforcement or any TOPOA or PLRA Board member) shall stop and cooperate with requests or directions of the authorized personnel. Ignoring authorized personnel will be considered a rules violation and will be processed and acted upon accordingly. Authorized users of the lakes must have appropriate identification on them to verify POA membership.
2. Local and /or state law enforcement authorities may be summoned if conditions warrant.
3. All complaints concerning lake usage should be directed in writing to the TOPOA Board of Directors. Details regarding the complaint and the parties responsible must be included in the written complaint. A review and resolution regarding each complaint will be processed by the TOPOA Board of Directors.
4. Non-compliance with the Rules and/or Regulations may result in: warnings, periodic suspension of lake privileges, assessment charges in the form of TOPOA and/or law enforcement citations or permanent suspension of lake privileges. The preceding list does not necessarily represent progressive
TOPOA Lake Rules Regulations 09.23.21 Page 5 of 7 Updated 9/23/21
Page 8 of 13 in the recorded document
levels of action, but will be determined based on the facts in each individual set of circumstances driven by the severity of non-compliance.
PROPERTY OWNER ACKNOWLEDGES THAT ALL WATERSPORTS AND WATER-
RELATED ACTIVITIES ARE DANGEROUS, AND THAT INJURY OR DEATH ARE
POSSIBLE CONSEQUENCES TO PARTICIPATION IN ALL SUCH ACTIVITIES.
OWNER AGREES TO INDEMNIFY AND HOLD HARMLESS THE POA, PLRA, ITS
AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, AND _ THEIR
RESPECTIVE FAMILY MEMBERS, FROM AND AGAINST ANY AND ALL INJURIES, LOSSES, AND/OR_ DAMAGES SUSTAINED BY ANY PERSON OR PROPERTY,
ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATED TO USE OF THE
LAKE AREA(S), INCLUDING CLAIMS BASED UPON THE ALLEGED NEGLIGENCE
AND/OR_ GROSS NEGLIGENCE OF THE POA, ITS AGENTS, EMPLOYEES,
OFFICERS, DIRECTORS, ATTORNEYS, AND THEIR RESPECTIVE FAMILY
MEMBERS.
Owner Acknowledgement:
I have fully read and understand the Thousand Oaks POA & Palm Lake Recreation Association — Lake Rules and Regulations (rules) and acknowledge that I will be held accountable for complying with said rules with regard to my watercrafts and all watercraft admitted to the lake by me. And further, I will ensure that all persons admitted to the lake by me, and particularly those who operate watercraft shall likewise comply with all rules and regulations.
Property Owner Signature Date Address Phone Number Email Section Block Lot
Please list all other names & birth dates of persons who qualify as “property owner” in the rules, see Boating, General Rules, item #3, above. Additionally, please list all owner children 18 years or older who live in the Thousand Oaks residence and in the same household as the “property owner.”
Name & D.O.B.:
Name Birth Date Name Birth Date Name Birth Date Name Birth Date
TOPOA Lake Rules Regulations 09.23.21 Page 6 of 7 Updated 9/23/21
Page 9 of 13 in the recorded document
Name Birth Date
Name Birth Date
LRR 01/7/19 (NOTE: These LR&R’s supersede and replace the Thousand Oaks POA and Palm Lake Recreation Association Lakes Rules and Regulations filed under Clerk's File No. 2019007627. These LR&R's are in addition to the Thousand Oaks
Amenity Lake(s) Rules and Regulations, as the same may be amended or supplemented from time to time.)
TOPOA Lake Rules Regulations 09.23.21 Page 7 of 7 Updated 9/23/21
Page 10 of 13 in the recorded document
This document is being recorded as a COURTESY ONLY by Roberts Markel
THOUSAND OAKS POA Weinberg Butler Hailey PC, without BOAT REGISTRATION FORM review and without liability, expressed
or implied.
( Please Print ) Name: Date: Address: Email: City: State: Zip: Home: Work: Cell: Emergency Contact: Phone: Insurance Carrier: Phone:
Policy Number:
Name of Additional Drivers:
BOAT INFORMATION
Year: Make: Model: Color: TX Numbers:
TRAILER INFORMATION
Year: Make: Color: License Plate Number: Serial Number (17 Digits):
This signature acknowledges | have received, read, agree and will abide by the Thousand Oaks POA and Palm Lake Recreation Association Rules and Regulations. | understand that there may be penalties associated with non-compliance for myself and my guests.
Signature: Printed Name:
Boat Ramp Access Key Deposit: Only (1) key is provided. Refundable deposit of $50.00 required for key after complete registration is received and approved. Replacement key is $150.00, refundable when returned. Payment Method: Check made out to Thousand Oaks POA.
Submission Requirements Checklist Copy of Insurance (listing TOPOA as additionally insured) Pictures of boat (front, back and side views) Copy of Registration (boat and trailer) If of minor age — Copy of Boater’s Safety Course Certificate (required for any vessel, jet ski, etc)
Signature Acknowledging Receipt of Rules
September 30, 2021
Page 11 of 13 in the recorded document
SKI LAKES AND COMMON AREAS
LIABILITY, ASSUMPTION OF RISK AND INDEMNITY RELEASE
(“AGREEMENT”)
BETWEEN THE INDIVIDUAL ASSOCIATION MEMBERS(S) NAMED BELOW AND
The Thousand Oaks Property Owners Association known herein as the “Association” the Palm lake Recreation Assocation known herin as the “PLRA”. Located within Association and areas of the PLRA, Magnolia, Texas.
PLEASE READ CAREFULLY BEFORE SIGNING
SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY
As associated with the regulated use of the common areas and the ski lakes located within the Thousand Oaks Subdivision and the areas of the Palm Lake Recreation Association and IN CONSIDERATION of being given the opportunity to participate in designated activities (“Activity”) within the Association owned common areas and PLRA areas, I, for myself, my personal representatives, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of Boating Activities, both on water and land based, and that | am qualified, in good health, and in property physical condition to participate in such Activity;
2. FULLY UNDERSTAND that: {a} BOATING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b) these risks and dangers bay be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and | FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES | incur as a result of my participation in the Activity;
3. AGREE AND WARRANT that | will examine and inspect each Activity in which | take part as a member of the Association and that, if | observe any condition which | consider to be unacceptably hazardous or dangerous, | will notify the Association Board of Directors and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
4. HEREBYRELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE ASSOCIATIONS, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ASSIGNS, MEMBERS, AND OTHERS ACTING ON THE ASSOCTIONS BEHALF AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES ON WHICH THE ACTIVITY TAKES PLACE, (EACH CONSIDERED ONE OF THE RELEASEES HEREIN) FROM ALL LIABILITY, CLAIMS, DEMANDS LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, | OR ANYONE ON MY BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASEES, | WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY
DAMAGE, OR COST WHICH ANY MAY INCUR AS THE RESULT OF SUCH CLAIM.
I have read this agreement, fully understand its terms, understand that | have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
PRINTED NAME OF HOMEOWNER(S):
ADDRESS:
(Street) (City) (State) (Zip)
HOME: CELL: DATE:
PARTICIPANT’S SIGNATURE (Only if age 18 or older):
PARTICIPANT’S SIGNATURE (Only if age 18 or older):
PARTICIPANT’S SIGNATURE (Only if age 18 or older):
September 30, 2021
Page 12 of 13 in the recorded document
SKI LAKES AND COMMON AREAS
LIABILITY, ASSUMPTION OF RISK AND INDEMNITY RELEASE
(“AGREEMENT”)
PARENTAL CONSENT
AND |, THE MINOR’S PARENT OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF BOATING ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED TO PARTICIPATE IN SUCH ACTIVITY. | HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMINIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OERATIONS, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE ABOVE RELEASEES, | WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COST ANY MAY INCUR ASA
RESULT OF ANY SUCH CLAIM.
PRINTED NAME OF PARENT/GUARDIAN:
ADDRESS:
(Street) (City) (State) (Zip)
PARENT/GUARDIAN SIGNATURE (only if participant is under the age of 18):
DATE:
NAMES OF MINORS:
September 30, 2021
Page 13 of 13 in the recorded document
Doc #: 2021152075
E-FILED FOR RECORD
11/01/2021 04:43PM
Mab Inbl!
COUNTY CLERK
MONTGOMERY COUNTY, TEXAS
STATE OF TEXAS,
COUNTY OF MONTGOMERY
| hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein
by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
$c) Mab abl
County Clerk Mantgomery County, Texas
Pages 32