This is intended to be used for those students who are living in the chapter facility.
It should be executed, ideally, at the same time that the potential resident is signing the lease for his space in the chapter facility.
Executing the Chapter Facility Resident Assumption of the Risk Form at the same time as signing the lease makes it easier for the house corporation, or any other defendant, to assert that the lease signed by the student was signed with knowledge of the risks being covered by the assumption of the risk form. Having the Chapter Facility Resident Assumption of the Risk Form signed later than the lease is signed allows a student, or the student’s parents, to claim that: (i) the execution of the assumption of risk form was an afterthought; (ii) that the student’s occupancy should only be governed by the language of the lease; and (iii) that the house corporation was running a sort of bait and switch deal by offering the lease first and then requiring the assumption of risk from being be executed after the student had locked in plans to live in the chapter facility and had no other options.
It is possible for a house corporation to include all of this language in the house corporation’s lease form, but that may not be possible at this time as leases have likely already been issued and signed. The house corporation should also review the applicable lease forms to make sure that there is nothing in those lease forms that is inconsistent with the language in this form. The form should be countersigned by the house corporation and a copy of the fully signed document should be returned to the other party. The house corporation should then arrange to keep the original fully executed forms through a period that is longer than the statute of limitations period in the jurisdiction in which the chapter facility is located.