Forest Oaks II Homeowners’ Association (“HOA”) agrees to the use of the Clubhouse located at
1003 E. Northfield Blvd., Murfreesboro, Tennessee by the Association Member submitting this request according to the following terms and conditions:
1. Term: Date requested and approved by the Club House Manager until midnight of the same date. Cancellations must be made forty-eight (48) hours in advance of the date of intended use.
2. Deposit: A $150.00 security deposit check will be submitted and made payable to Forest Oaks II Homeowners’ Association.
3. Smoking: No smoking is permitted within the Clubhouse at any time.
4. Good Standing: The Clubhouse is available to all Association members who are current on the payment of dues, fines, fees, assessments and are not in violation of any of the governing documents.
5. Association Member as Host: Usage of the Clubhouse can only be under one name. The host who has reserved the Clubhouse in his/her name must be present at all times at the function for which the Clubhouse is in use and must be the primary host of the event. Under no circumstances can anyone rent/reserve the Clubhouse on behalf of a third party.
6. Pool: The pool area is separate from the Clubhouse and is not part of the Usage Agreement. There should be no guest traffic on pool decks.
7. Music: Music, and/or any other noise, must be kept at a level that cannot be heard in the surrounding homes in the area. The Member host will be responsible for seeing that there are no loud noises from the guests either coming to or leaving the function at the Clubhouse.
8. Parking: Parking is limited to the parking lot immediately in front of the Clubhouse, and guest parking. At no time shall the Host guests park in the grass, under any covered/private parking at Forest Oaks II or in the streets.
9. Furniture: The small card tables, small accessory tables, and chairs may be moved. All other furniture is to remain as positioned.
10. Equipment: The TV is to remain as positioned and not manipulated. The HDMI cable is provided and it may not be unplugged from the TV. No other cables, cords, power cords, etc. are to be plugged-in to the TV. Reprograming or resetting the TV settings is not permitted. Any personal equipment, including TVs, DVD players, etc., is to be placed on the table provided below the TV. Touching of the internet equipment is prohibited. When experiencing a technical issue, please text 615-631-0107.
11. Damages: The Association member will be responsible for repairing or replacement for any damage done to the Clubhouse and HOA property, including without limitation, the structure, landscaping, furniture, equipment, and window coverings. Nothing may be attached to the windows, ceiling fans, doors or walls in any way, including tacks, tape, staples, nails, etc.
12. Clean-up of Clubhouse: The Association member will be responsible for cleaning the Clubhouse, as stated in the Clubhouse Rules and Regulations.
13. Assumption of Risk and Indemnification: The Association member will assume full responsibility for any and all accidents or claims that may arise as a result of any accident or for any other reason in connection with the function or lease of the Clubhouse by the Association member and said Association member hereby agrees to hold harmless and indemnify the HOA and its officers, directors, agents, and employees, of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, collectively “Claims”, including without limitation Claims for damage to property, including loss of use, bodily damage, or death, concerning, relating to or arising out of Association Member agreement or use of the Clubhouse and premises.
14. No Warranties: There are no warranties, expressed or implied, by HOA to the Association member regarding the condition of the Clubhouse, premises, equipment or personal property contained at the premises, except as contained in this Agreement.
15. Miscellaneous: This Usage Agreement shall be governed by and construed under the laws of the State of Tennessee. This Usage Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties. The validity, interpretation and performance of this Usage Agreement shall be governed by the laws of the State of Tennessee. The provisions of this Usage Agreement are severable. Should any provision of this be unenforceable, the remaining provisions shall remain valid and binding. No changes, modifications, amendments of any of the terms and conditions of this Usage Agreement shall be valid unless agreed to by the parties in writing and signed by their authorized representatives. This Usage Agreement embodies the entire agreement between the parties. All statements, negotiations, proposals or promises prior to the date of this Usage Agreement are merged herein and superseded hereby, there being no agreements, warranties, understandings or promises other than those written expressly herein.
16. Heat/AC: Heat and/or AC must be returned to the original setting, and lights are to be turned off by the Association member when function is over.
17. Lock Doors: The Association member will lock the doors when the function is over and at any time the Clubhouse is unoccupied.
18. Codes and Fines: All applicable jurisdictional laws, codes, and fire codes apply. Homeowner agrees to be responsible for any and all violations, fines and fees resulting from his or her rental, and shall indemnify and hold the HOA harmless for said violations, fines and fees.
19. Occupancy Limit: The maximum occupancy for the Clubhouse is 90.
20. Violation: Violations of these rules will be determined by the Board in their sole discretion. Violations to the clubhouse rules and policies are addressed on a case-by-case basis by the Board of Directors. The Board of Directors will decide if a violation has occurred from the person(s) claiming the violation, the Owner/Resident who used the Clubhouse, and any other relevant people. For first offense, minimum consequences to the Association member may include forfeiture of the deposit and a six (6) month waiting period before being able to use the Clubhouse again. For a second offense, forfeiture of the deposit and a one (1) year waiting period.
21. Return of the Security Deposit: The Member will meet at an agreed time with the Clubhouse Manager at the clubhouse to return the key and to review that the clubhouse is in order. Upon the return of the Clubhouse key and a satisfactory review of the Clubhouse by the Clubhouse Manager the deposit check will be returned to the Member. The Clubhouse Manager or Board Member has the authority to determine if the condition of the Clubhouse is satisfactory and such determination is final. HOA will retain the $150.00 security deposit to offset its damages if the Clubhouse is not left in the conditions stated in the Clubhouse Rules and Regulations. In addition, Association Member will be liable for any and all additional damage suffered by the HOA as a result of the Association Member’s use of the premises.
Homeowner is to retain the Agreement and provide the Clubhouse Manager with the signed Clubhouse Agreement Signature Page.