NOTE: This document is divided into two (2) parts. Part I defines terms, and addresses other issues related to amenity usage and voluntary participation. Part II sets forth the terms and conditions.

PART I.
A.

DEFINITIONS

As used herein, the terms set forth below shall have the following meanings:

1. Agreement - This ArrowBrooke Amenity Center Membership Agreement, which is limited to the type of membership specified in Part II. A. of this document. 

2. Association - ArrowBrooke Community Association, Inc., a Texas non-profit corporation, its successors and assigns.

3. Facilities - All of the ArrowBrooke Amenities which includes the Pool, Patio, Trails, Trail features, Water Amenities, Yard Games, as well as any other improvements added to the Facilities by the Association. 

4. Amenities - All amenities within the Facilities, including pool furniture, and any lifestyle event supplies.

5. Event(s) - Any gathering, activity, or function organized or hosted by the Association, its agents, or any affiliates, which may include, but is not limited to, pool parties, fitness classes, social events, recreational activities, or any other community events where members, residents, or their guests may participate. 

6. Rules - Rules adopted and published by the Association relating to the use of the Facilities and the hours of operation. Members are notified that the Rules may vary as to portions of the Facilities. For example, the Rules relating to the Pool Amenities may differ from the Rules relating to the Pavilion Amenities, including, without limitation, the hours of operation and the maximum number of members entitled to use those amenities at a given time.

 

B.

OPERATION OF THE FACILITIES

The Association owns and shall manage the Facilities. The Association shall determine the hours during which the Facilities shall be available for use and publish the hours of operation in the Rules. The hours of operation may be changed by the Association at any time as it deems necessary or appropriate. The Rules may also include standards of conduct for all members using the Facilities. The Association shall establish a maximum number of members entitled to use the Facilities, or some portion thereof, at a given time. If the Facilities, or some portion thereof, are being used at maximum capacity, the Association shall have the authority to deny access to the Facilities, or the applicable portion thereof, to members until such time that use declines below maximum capacity. In those instances, a member who is not allowed to use the facilities, or some portion thereof, because use is at maximum capacity, will not be entitled to a refund or credit of any portion of the applicable membership fee. Each member shall be required to sign a document acknowledging the receipt of a copy of the Rules relating to the Facilities. By signing the acknowledgment, the member agrees to be bound by and comply with the Rules, as well as all terms and conditions of the applicable membership plan.

C.

ACCESS KEY CARDS

     All homeowners are entitled to use the Facilities, or designated portions thereof, and will receive an access credential as determined by the Association. The designated credential will be required for entry into the Facilities.

     The Association will provide an initial allocation of access credentials upon move-in at no charge. If a credential is lost, damaged, or stolen, necessitating a replacement, a fee of $25.00 will be charged per replacement.

     Access credentials are the sole property of the ArrowBrooke Community Association and are issued to homeowners for their use. Access credentials may only be used by homeowners or individuals designated by them. Residents must accompany all guests while using any facility.

 

D.

TEMPORARY SUSPENSION OF AMENITY ACCESS

     ArrowBrooke Community Association member's amenity access may be suspended during a period in which the member is not in good standing with the Association. A person is not in good standing with the Association if that person (a) remains delinquent in the payment of annual maintenance charges or other assessments thirty (30) days after receiving written notice of the delinquency from the Association, (b) is delinquent in the payment of a fine levied by the Association, (c) has an unresolved deed restriction violation on his/her lot in ArrowBrooke that has progressed to the stage of a notice of a fine, or (d) is determined to have provided false information to the Association in connection with an ARC application. If facility and amenity privileges are suspended for a reason set forth in (a), (b) or (c), above, the facility and amenity privileges will not be restored until the condition causing the suspension is resolved. If facility and amenity privileges are suspended because the member provided false information to the Association, privileges will not be restored until the expiration of a period determined by the Board of Directors of the Association, in its sole discretion, to be appropriate under the particular circumstances.

 

E.

EVENTS HELD BY THE ASSOCIATION

     The ArrowBrooke Community Association may organize and host events for the benefit of homeowners and residents, which may take place onsite at the community facilities or offsite at designated locations. Participation in such events is voluntary, and all residents are encouraged to attend as they see fit.

     The Association will provide adequate notice and communication regarding event details, including dates, locations, and any associated fees or requirements for participation. 

     For onsite events, the Association may establish specific guidelines for the use of the facilities, including reservations, attendance limits, and any necessary preparations. For offsite events, homeowners may be required to confirm participation or RSVP, and any associated costs or transportation arrangements will be clearly outlined in the event details.

     The Association reserves the right to limit or modify events as needed based on community needs, resources, or other considerations. By attending or participating in any event, Member agrees to comply with the Association's guidelines and rules for such events.

     All residents understand and agree that the ArrowBrooke Community Association, its agents, staff, or representatives, are not held liable for any damage, theft, injury, or death relating to any events or offsite trips sponsored by the Association. This includes off-site events where transportation is provided by the Association and events where no transportation is provided.

PART II.

A.

AGREEMENT

I/we ("I/we") am a member(s) of the Association. For the purposes of this Agreement, "Association" shall include its officers, directors, agents, employees, manager, and staff. I hereby ACKNOWLEDGE AND AGREE THAT, in consideration for the Association granting me access to the ArrowBrooke Community Association Pool, Parks, Fitness Area, Trails, Lakes, Event Spaces, and any other common amenities of ArrowBrooke (the "Facilities"), for my voluntary personal use for physical, relaxation, and other activities, I will be bound by the terms, conditions, and provisions of this Facilities Use Agreement (this "Agreement"). I agree that access to and use of the Facilities is AT MY OWN RISK and that the Association does not, by provision of the Facilities, assume any responsibility or liability to me, my family members, my guests, tenants, occupants, agents, and/or invitees (collectively, "My Guests"). I also agree to indemnify, defend, and hold harmless the Association from all liability associated with use of the Facilities by myself and My Guests.

Furthermore, I accept the current and future condition of the Facilities and the property on which the Facilities are located (the "Property") as is and with all faults. I understand that the Association does not make implied or express representations or warranties of any kind whatsoever regarding the Facilities and the Property, including, but not limited to, the safety or security of the Facilitiesand the Property, the compliance of the Facilities and the Property with any applicable law, or the fitness for any use by me or My Guests. I understand that no affirmation of the Association, by words or actions, shall constitute a warranty of any kind whatsoever.

IN ADDITION, I UNDERSTAND THAT THE ASSOCIATION SHALL NOT BE LIABLE TO ME OR MY GUESTS FOR ANY DAMAGE TO PERSON OR PROPERTY PROXIMATELY CAUSED BYANY OF MY ACTS, OMISSIONS, OR NEGLECT, OR THE ACTS, OMISSIONS, OR NEGLECTOF MY GUESTS; AND I AGREE TO INDEMNIFY AND HOLD HARMLESS THE ASSOCIATION FROM ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND LIABILITIES, OF ANY KIND WHATSOEVER, FOR ANY SUCH DAMAGE, INCLUDING BUT NOT LIMITED TO PAYING THE ASSOCIATION'S LEGAL FEES AND EXPENSES FOR DEFENDING ANY RESULTING LAWSUIT. THE ASSOCIATION SHALL HAVE THE EXCLUSIVE RIGHT TO SELECT DEFENSE COUNSEL. I UNDERSTAND THAT THE ASSOCIATION SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE TO PERSON OR PROPERTY PROXIMATELY CAUSED BY ANY ACT, OMISSION, OR NEGLECT OF THE ASSOCIATION.

Furthermore, I understand that the use of the Facilities is a privilege that may be suspended for a length of time to be determined by the Association's Board of Directors if: (1) any assessments, fines, fees, or other amounts are unpaid to the Association; (2) my property or home is in violation of any of the governing documents; (3) I or My Guests violate any limits on behavior, Pool or Facility Rules or other rules, policies, or provisions of the Association, or other governing documents of the Association; and/or (4) I or members of my immediate family have asserted claims against and there is unresolved pending litigation against the Association.

I HEREBY RELEASE, ON BEHALF OF MYSELF AND ANY MINOR CHILD TO WHOM I AM GUARDIAN, AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, THE ASSOCIATION, AND ALL DIRECTORS, OFFICERS, PARTNERS, AFFILIATES, PARENT COMPANIES, MANAGERS, EMPLOYEES, AGENTS, MANAGERS AND/OR STAFFOF THE ASSOCIATION FROM LIABILITY FOR ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION WITH RESPECT TO THE FACILITIES OR THE PROPERTY.

I hereby give the Association permission to use any photographic image, including video or video stills, taken of me, my guests, or minor child(ren), while I am attending Event(s). I hereby grantthe Association and any of its affiliates, successors, or individual or entity authorized by the Association, the irrevocable and unrestricted right and permission to copyright, in its own name or otherwise, the unlimited use of my image, my guests’ image, or my minor child(ren)’s image without restriction as to changes or alterations, made through any medium, for any promotional and/or commercial purposes whatsoever. I consent to the use of any printed material in conjunction there with. I hereby waive any right that I may have to inspect or approve the finished product and the advertising copy or other matter that may be used in connection there with or the use to which it may be applied. I hereby release, discharge, and hold harmless the Association, its Board Members, officers, employees, and agents for all claims and demands arising out of or in connection with the use of the images or video footage taken of me, my guests, or my minor child(ren) for any promotional and/or commercial purposes.

If any provision of this agreement shall be found to be illegal or unenforceable by a court of competent jurisdiction, such term or provision shall be re-interpreted or adapted to the changed conditions in such a way that the purpose desired by such provision is achieved to the maximum possible extent. If the court determines such action is not feasible, then any such provision shall be severable, and the remainder of this agreement shall continue to be given full force and effect.

This portion is not considered an official Tenant Registration Form. For more information on submitting tenant information, click here or email our office at arrowbrooketx@ccmcnet.com. This process must be done first before tenants are permitted into Association Facilities.