Release of Liability and Indemnity Agreement for use of the Amenity Areas

Name*

First NameLast Name

I am a resident or guest of a resident of West Ocean and I hereby acknowledge and agree to abide by each of the following 10 terms and conditions in order to be permitted to use the Fitness Centers.*

1. I agree to check my temperature immediately before leaving my unit and going to the Fitness Center and other amenity areas, and if my temperature is 100.4 F or higher I agree to not utilize the fitness center or amenity areas.2. I agree to not enter the Fitness Centers or any of the amenity areas if I have symptoms (such as a fever) consistent with COVID-19 or have a confirmed case of COVID-19.3. I agree to disinfect equipment that I use before and after each use.4. I agree to not bring any non-residents with me to the Fitness Centers or amenity areas who are showing Covid-like symptoms or who tested positive for Covid within the past 10 days.5. I agree to wear a mask if there are non-household members in the fitness center with me.6. I HEREBY AGREE TO ACCEPT THE COMPLETE RESPONSIBILITY AND RISK FOR ANY INJURY, SICKNESS (INCLUDING COVID-19) OR DEATH ARISING OUT OF OR RESULTING FROM MY USE, OCCUPANCY, OR OPERATION OF THE ASSOCIATION'S FITNESS FACILITIES.7. I HEREBY ALSO AGREE THAT I, MY HEIRS, EXECUTORS AND ADMINISTRATORS WILL NOT MAKE ANY CLAIM AGAINST, SUE, FILE ANY LEGAL ACTION, ATTACH THE PROPERTY OF, OR PROSECUTE THE ASSOCIATION, ITS DIRECTORS, MEMBERS, EMPLOYEES,INSURANCE CARRIERS, INSURANCE POLICIES, AGENTS, REPRESENTATIVES AND ATTORNEYS(COLLECTIVELY REFERRED TO AS THE "ASSOCIATION"), FOR INJURY, SICKNESS (INCLUDING COVID-19), DEATH OR DAMAGE RESULTING TO ME AS A RESULT OF MY USE OF THE FITNESS FACILITIES.8. FURTHER, I AGREE TO INDEMNIFY, DEFEND AT MY SOLE COST AND EXPENSE,AND TO HOLD HARMLESS THE ASSOCIATION FROM ANY AND ALL CLAIMS, DEMANDS, COSTS,LOSS, DAMAGE AND LIABILITY FOR INJURY, SICKNESS (INCLUDING COVID-19) OR DEATH RESULTING DIRECTLY OR INDIRECTLY FROM MY USE OF THE FITNESS FACILITIES9. I AM FULLY AWARE OF EACH AND EVERY ONE OF THE RISKS AND HAZARDS INHERENT IN USING THE FITNESS FACILITIES DURING THE COVID-19 PANDEMIC AND HEREBY EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT I UNDERSTAND THAT BY USING THE FITNESS FACILITIES, INCLUDING ANY EQUIPMENT, THAT I RISK THE POSSIBILITY OF SEVERE OR LIFE THREATENING ILLNESS (INCLUDING COVID-19), PERSONAL INJURY, DEATH, INCLUDING BUT NOT LIMITED TO BRAIN DAMAGE, OXYGEN DEPRIVATION, DROWNING, EQUIPMENT OR WEIGHT MACHINE RELATED INJURY OR ILLNESS, SLIP AND FALL, HEART ATTACK,STRANGULATION, BROKEN BONES, HEAT STROKE, STROKE, EXHAUSTION, EXPOSURE TO VARIOUS METALS, AND OTHER TYPES OF HARM, INJURY OR DAMAGE, AS WELL AS PROPERTY DAMAGE. (COLLECTIVELY, THE "RISKS") I AM FULLY AWARE OF, AND UNDERSTAND THOROUGHLY, SUCH RISKS, AND VOLUNTARILY ELECT DESPITE THE RISKS AND WARNING OF SUCH RISKS TO VOLUNTARILY ENGAGE IN SUCH RISKS AND I AGREE TO ASSUME AND TO ACCEPT COMPLETE RESPONSIBILITY FOR ALL SUCH RISKS, INCLUDING ANY LOSS, DAMAGE, DEATH, ILLNESS (INCLUDING COVID-19) AND INJURY THAT MAY BE SUSTAINED WHILE IN THE FITNESS FACILITIES.10. I ALSO UNDERSTAND THAT ANY INSURANCE POLICIES CARRIED BY THE ASSOCIATION WILL NOT COVER OR PAY FOR ANY INJURY, ILLNESS, DEATH OR DAMAGE WHICH I MAY INCUR AS A RESULT OF THE RISKS WHICH MAY OCCUR AS RESULT OR NOT AS A RESULT OF MY USE OF THE FITNESS FACILITIES.11. I GIVE MY PERMISSION, IN CASE OF AN EMERGENCY. TO THE ASSOCIATION,THEIR EMPLOYEES, AGENTS AND REPRESENTATIVES, TO OBTAIN EMERGENCY MEDICAL CARE FOR ME IF CONSIDERED BY THEM TO BE NECESSARY, AND TO RELEASE THE ASSOCIATION FROM ANY AND ALL LIABILITY FOR OBTAINING SUCH MEDICAL CARE.

In case of Emergency, the following person should be contacted. Emergency Contact Name:*

Emergency Contact Phone:*

Relationship:*

THIS CONSENT, AGREEMENT, RELEASE AND AUTHORIZATION SHALL BE VALID AND CONTINUE IN EFFECT UNTIL SUCH TIME AS I HAVE PROVIDED WRITTEN NOTICE TO THE ASSOCIATION OF MY TERMINATION OF IT.

Date*

Date

Signature*

Print Name*

Tower and Unit Number*