Appendix A
Release, Waiver, and Assumption of Risk Agreement
GSP Commons LLC, doing business as The Commons
520 S. 2nd, McAlester, OK 74501
Please read this document carefully. It affects your legal rights, including your right to sue. Each adult in the family signs separately.
1. Parties and Definitions
In this Agreement:
- “The Commons” means GSP Commons LLC, an Oklahoma limited liability company, and the facility it operates at 520 S. 2nd, McAlester, OK 74501, including all indoor and outdoor areas.
- “Released Parties” means GSP Commons LLC, its members, managers, and owners; the Owner Families; the Membership Committee and its individual members; and the other member families of The Commons.
- “I,” “me,” and “my” mean the adult signing this Agreement.
- “My Children” means the minor children listed at the end of this Agreement, and any other minor for whom I am the parent, legal guardian, or Designated Guardian while that minor is at The Commons.
2. Nature of The Commons
I understand and acknowledge that:
a. The Commons is a shared space operated by a membership community. It is not a school, daycare, camp, or drop-off program, and it is not staffed. No employee, teacher, caregiver, or supervisor is provided by The Commons.
b. Supervision of My Children is my responsibility at all times. A parent or adult caregiver from my family must be present while My Children are at The Commons, unless I have made a specific arrangement with another member family under the Designated Guardian provisions of the Family Handbook.
c. If I arrange for another member to serve as Designated Guardian for My Children, I make that arrangement directly with that member, I accept full responsibility for the decision, and I do not hold The Commons or any Released Party responsible for it.
d. The Commons does not screen, train, certify, or supervise member families, guests, or Designated Guardians.
3. Assumption of Risk
I understand that the use of The Commons involves inherent risks that cannot be eliminated regardless of the care taken. These risks include, but are not limited to:
- Ordinary and horseplay-type injuries typical of children and families gathering in a shared indoor and outdoor space, including slips, trips, falls, collisions, cuts, scrapes, bruises, sprains, and broken bones
- Injuries from stairs, balconies, doors, furniture, fixtures, playground or outdoor equipment, and the physical condition of an older building
- Injuries arising from the use of kitchen equipment, craft tools, or materials used in planned activities
- Exposure to food allergens, communicable illness, plants, insects, or animals
- The conduct of other members, their children, and their guests, including conduct that is careless, negligent, or beyond the rules of the Family Handbook
I knowingly and voluntarily assume all such risks, both known and unknown, and I accept full responsibility for any injury, illness, death, or property loss suffered by me or by My Children arising from participation at The Commons.
4. Release and Waiver
In exchange for being permitted to use The Commons, I release, waive, and discharge the Released Parties from any and all claims, demands, causes of action, damages, costs, and expenses, including attorneys’ fees, arising out of or related to any injury, illness, death, or property loss suffered by me or by My Children in connection with ordinary use of The Commons.
This release does not apply to injury, illness, death, or property loss caused by the gross negligence or willful or intentional misconduct of a Released Party. Nothing in this Agreement waives any right that cannot be waived under Oklahoma law.
5. Covenant Not to Sue
I agree not to bring any lawsuit or claim against any Released Party for any matter released in Section 4. If I do bring such a claim, and it is dismissed or decided in favor of the Released Party, I agree to reimburse that party for the reasonable costs and attorneys’ fees it incurs in defending the claim.
6. Indemnification
I agree to indemnify and hold harmless the Released Parties from any claim brought by a third party, including a claim brought by or on behalf of My Children, arising out of:
a. My own acts or omissions, or those of My Children or my guests, while at The Commons; and
b. Any damage to the facility or to shared resources caused by me, My Children, or my guests.
7. Damage to Property
I accept responsibility for repairing or replacing any damage to the facility, its contents, or shared resources caused by me, My Children, or my guests.
I understand that I bring personal items to The Commons at my own risk, and that The Commons is not responsible for personal property that is lost, stolen, or damaged.
8. Insurance
I understand that:
a. GSP Commons LLC carries liability insurance covering the LLC and the premises. That coverage exists to protect the LLC. It is not health insurance for my family and it is not a substitute for my own coverage.
b. I am responsible for maintaining my family’s own health, homeowners, or renters insurance, and any medical costs arising from an injury at The Commons are my responsibility.
9. Emergency Medical Care
If I am not present or not able to be reached, I authorize any adult member present at The Commons to summon emergency medical care for My Children, and I authorize emergency medical personnel to provide treatment they judge necessary. I accept financial responsibility for any care provided. I understand that no Released Party is obligated to summon or provide care, and that no Released Party is responsible for the care provided by emergency personnel.
10. Photographs and Media (optional, initial to accept)
The Commons sometimes photographs community activities and shares them with members, on its website, or on its social media.
I permit photographs and video that include me or My Children to be used by The Commons in this way.
I do not permit photographs or video that include me or My Children to be used.
I understand I may change this choice at any time by writing to the Membership Committee.
11. General Terms
Governing Law. This Agreement is governed by the laws of the State of Oklahoma. Any dispute arising under it is to be brought in the state or federal courts located in Pittsburg County, Oklahoma.
Severability. If any provision of this Agreement is found unenforceable, the remaining provisions stay in full force, and the unenforceable provision is to be enforced to the greatest extent the law allows.
Entire Agreement. This Agreement, together with the Family Handbook and the Membership Agreement, is the entire agreement between me and The Commons on these subjects. It supersedes any prior understanding. In the event of a conflict between this Agreement and the summary in the Family Handbook, this Agreement controls.
Duration. This Agreement remains in effect for as long as I or My Children use The Commons, and it continues to apply to events that occurred while it was in effect even after my membership ends.
12. Acknowledgment and Signature
I have read this Release, Waiver, and Assumption of Risk Agreement. I understand that it releases the Released Parties from liability, that it limits my legal rights, and that I am signing it freely and voluntarily. I am at least 18 years old and legally competent to sign.
Family Name:
My Children covered by this Agreement:
| Child’s Name | Date of Birth |
Adult Member
Printed Name:
Signature: Date:
Adult Member
Printed Name:
Signature: Date:
This document was drafted from the key points summarized in the Family Handbook. It has not been reviewed by an attorney licensed in Oklahoma. See the note accompanying this draft regarding waivers signed by parents on behalf of minor children.
