WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to enter upon, use and enjoy the pools and/or gym/fitness room at Sterling on the Lake (hereinafter, the “Facilities”) I, on behalf of myself and any minor children for whom I have the capacity to contract, hereby acknowledge and agree to the following:
1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the current Center for Disease Control and Prevention (“CDC”) guidelines regarding 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.
2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to use the Facilities.
3. I acknowledge and fully assume the risk of injury, illness or death related to COVID-19 arising from my use of the Facilities. On behalf of myself and any minor children for whom I have the capacity to contract, I hereby waive, release, and forever discharge Sterling on the Lake Community Association, Inc. (the “Association”) and its officers, directors, managers, agents and employees and their respective heirs, successors and assigns (hereinafter, collectively, the “Released Parties”) from and against any and all claims, actions, causes of action, costs and expenses, including, without limitation, reasonable attorney’s fees, related to COVID-19 which arise out of or as a result of my use of the Facilities (the “Released Claims”). I covenant not to sue the Released Parties for or in connection with any of the Released Claims.
4. I further agree to defend, indemnify, and hold harmless the Released Parties from and against any and all Released Claims.
5. I acknowledge that I am not subject to the current Sheltering in Place Executive Order issued by Georgia Governor Brian Kemp.
6. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE RELEASED CLAIMS.
7. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Georgia. This Agreement shall be binding on me and my heirs and personal representatives.
8. I will not give the access code to the pools or gym/fitness room to any non-family member including other residents in the community.
9. Below are the names of each adult and minor child living in my home.