Liability and risk for electric devices
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Liability, Assumption of Risk, and Indemnification for E-Bikes, Pedal-less Electric Vehicles, and Similar Devices
Any person operating an e-bike, pedal-less electric vehicle or any similar motorized device within the community does so entirely at their own risk.
The Queen’s Harbour Association, the Club, the Golf Course, their respective boards, officers, employees, agents, and all individual property owners bear no liability for any injury, death, loss, or property damage arising from or related to the use or operation of such devices. This limitation of liability applies under all circumstances, including but not limited to roadway, sidewalk, common‑area, or golf‑course conditions; landscaping, irrigation, improvements, or fixtures; visibility or maintenance conditions; or any alleged defect, hazard, or obstruction. No condition within the community shall be deemed to create liability.
By operating such devices within the community, the operator and/or owner (and parent or guardian if the operator is a minor):
- Assumes all risks, including the risk of injury, death, or property loss, regardless of cause or circumstance.
- Accepts full responsibility for:
- any injury to themselves or others,
- any damage to their equipment, and
- any damage to Association, Club, Golf Course, or private property.
- Waives all claims against the Association, the Club, the Golf Course, their respective boards, officers, employees, agents, individual homeowners, and all affiliated persons or entities.
- Agrees to indemnify, defend, and hold harmless all such parties from any claim, demand, action, or liability arising from or related to the operation of the device.
All legal expenses—including attorney’s fees, court costs, and related expenses—incurred by the Association, the Club, the Golf Course, or any property owner in defending any claim associated with such operation shall be the sole responsibility of the operator and/or owner. The Association may assess such costs, impose fines, recover damages, or place liens in accordance with governing documents and Florida law. |