Waiver and Release: In consideration of my use of the Association Swimming Pool, I for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue the Association, their Board of Directors, officers and agents from any and all claims of liability for personal injury, accident or illness (including illness from the COVID-19 virus and/or death) and property loss arising from my use of the Swimming Pool due to any cause whatsoever, including negligence on the part of the Association.
Indemnity and Hold Harmless: I also agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the Silver Ridge Homeowners Association, Inc., its Board of Directors, officers, employees and agents from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought by any of my guests, invitees or any third party as a result of my use of the Association Swimming Pool.
Association Rules and Regulations: I agree to comply with all Association rules and regulations, specifically those rules and regulations put in place to address the COVID-19 pandemic. I further agree to waive and discharge any and all claims which arise from my failure to abide by, in any way, the rules and regulations put in place by the Association and which govern the Association Swimming Pool. I finally agree to indemnify and hold harmless, the Silver Ridge Homeowners Association, Inc., its Board of Directors, officers, employees and agents from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees brought by any of my guests, invitees or any third party as a result of my failure to abide by and follow the rules and regulations put in place by the Association and which govern the Association Swimming Pool.
Covenant of Good Health: I hereby covenant, represent and agree that to the best of my knowledge, I am in good physical condition and am not exhibiting any symptoms of COVID-19 and have not been exposed to anyone who is suspected to have or is confirmed to have COVID-19 in the previous fourteen (14) days.
Covenant of Familiarization: I hereby covenant, represent and agree that I am familiar with the hazards of COVID-19 and am familiar with the current Center for Disease Control and Prevention (“CDC”) guidelines regarding the prevention and transmission of COVID-19. I acknowledge and understand that the CDC guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates from the CDC. I understand and agree that during my use of the Association Swimming Pool we will practice social distancing in accordance with CDC guidelines, which currently means that we will stay at least 6 feet away from anyone who is not also a resident of my household. Further I agree, to cover any coughs and sneezes, wash my hands frequently, and sanitize and disinfect any areas that I may touch or of which I come into physical contact before and after such physical contact.
Severability: I, the undersigned further expressly agree that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Georgia and that if any portion of it is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I further understand that this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. If applicable, I hereby certify that I am the biological parent or legal guardian of the minor child having sufficient parental rights to bind the minor child to this Agreement. I agree and acknowledge that sole responsibility for the health, safety, welfare, or security of the minor child rests with me, and the Association shall not be responsible for same.
Term of Agreement: This Agreement shall remain in full force and effect from the date of its execution until the earlier of September 6, 2021 or the Board of Directors, in its sole discretion, determines that the Agreement is no longer of effect and informs the Owners of its determination.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM AWARE THAT BY
SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE
AGAINST THE RELEASEES. PLEASE READ CAREFULLY!