Wildridge Amenity Usage Agreement

NOTE: This document is divided into parts. Part I defines terms and addresses other issues related to amenity usage and voluntary participation. Part II sets forth the terms and conditions. Part III defines the terms and conditions for watercrafts. Part IV defines the terms and conditions for the soccer fields. Part V defines the terms for RELEASE, WAIVER OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK for COVID-19. 

Part I - A. Definitions 

As used herein, the terms set forth below shall have the following meanings:

1. Agreement - This Wildridge Amenity Center Membership Agreement, which is limited to the type of membership specified in Part II. A. of this document.

2. Association - Wildridge Community Association, Inc., a Texas non-profit corporation, its successors and assigns.

3. Facilities - All of the Wildridge Amenities which include the Pool, Pavilion, Patio, Trails, Trail features, Water Amenities, Watercrafts, Fishing Poles, Yard Games, as well as any other improvements added to the Facilities by the Association.

4. Amenities - All amenities within the Facilities, including the fire pit(s), pool furniture, and all lifestyle events.

5. Rules - Rules adopted and published by the Association relating to the use of the Facilities and the hours of operation. Members are notified that the Rules may vary as to portions of the Facilities. For example, the Rules relating to the Pool Amenities may differ from the Rules relating to the Pavilion Amenities, including, without limitation, the hours of operation and the maximum number of members entitled to use those amenities at a given

B. OPERATION OF THE FACILITIES

The Association owns and shall manage the Facilities. The Association shall determine the hours during which the Facilities shall be available for use and publish the hours of operation in the Rules. The hours of operation may be changed by the Association at any time as it deems necessary or appropriate. The Rules may also include standards of conduct for all members using the Facilities. The Association shall establish a maximum number of members entitled to use the Facilities, or some portion thereof, at a given time. If the Facilities, or some portion thereof, are being used at maximum capacity, the Association shall have the authority to deny access to the Facilities, or the applicable portion thereof, to members until such time that use declines below maximum capacity. In those instances, a member who is not allowed to use the Facilities, or some portion thereof, because use is at maximum capacity, will not be entitled to a refund or credit of any portion of the applicable membership fee. Each member shall be required to sign a document acknowledging the receipt of a copy of the Rules relating to the Facilities. By signing the acknowledgment, the member agrees to be bound by and comply with the Rules, as well as all terms and conditions of the applicable membership plan.

Residents are permitted to use the facilities at their own discretion. Resident(s) that use the facility are responsible for the actions and any damages caused by their members or guests. Improper conduct toward or abuse of members, residents, guests, Association staff, and/or any items at the facility will not be tolerated. Complaints about the improper or illegal activity may constitute an immediate violation fine to the homeowner and/or get their membership privileges revoked. 

The resident(s) is/are responsible to ensure the noise level of the activity or event is not a nuisance to any of the surrounding neighborhoods. Complaints about the activity or event may constitute an immediate violation fine to the homeowner and/or get their membership privileges revoked.

If a resident is utilizing the facilities, the resident is responsible for themselves and any guests. If a resident is utilizing the facilities outside of the Association, under no circumstance are vendors allowed on-site to set up, break down, deliver, etc., without filling out the proper paperwork and paying the facility fees and deposit through the Association. If a resident utilizes a vendor without going through the proper channels, that resident(s) may receive an immediate violation fine and/or get their membership privileges revoked. 

If a resident is utilizing the facilities outside of the Association, event decorations and methods of displaying decorations must be put up and taken down the by resident. Tacks, certain tapes, nails, staples, or other means may not be used on walls, windows, or tables. Candles, fireworks, confetti, glitter, rice, silly string, piñatas, and birdseed are strictly prohibited. Existing facility décor can be removed or altered but, must be put back in its original condition. Balloons are permitted as long as they are tethered down by weights or in a balloon arch or display. All balloon parts must be picked up after the rental. The resident(s) is/are responsible to ensure all décor is put up and taken down before and after the event. If the facility is not picked up after the activity or event, that resident(s) may receive an immediate violation fine and/or get their membership privileges revoked. 

If a resident is utilizing the facilities outside of the Association, the resident is responsible for cleaning and trash. This includes tables, chairs, sidewalks, bathrooms, and/or any common area that may have been used during set-up, during the activity or event, and during the cleaning process of the activity or event. If the facility is not cleaned up, at the Association's discretion, the resident may receive an immediate violation fine to the homeowner and/or get their membership privileges revoked. If the damages and/or cleaning are outside of the scope of the Association where a 3rd party is needing to be hired, then, in addition to the other remedies available to the Association for breach of this Agreement, the Association may make or cause to be made such cleaning, corrections, or repairs, in which case the resident shall immediately upon its receipt of Association's invoice for such charges and expenses, pay the Association for the full costs incurred by the Association in connection with making such cleaning, corrections, or repairs. The resident shall be responsible for all third-party costs incurred. 

The Association shall determine the violation fine amount based on non-compliance with the amenity agreement under the operation of the facilities. At the discretion of the Association, they may engage any of the following remedies in addition to an immediate violation: the suspension of member privileges, or undertake any additional enforcement actions and other remedies permitted to the Association under the Wildridge Master Covenant, the Association Fine and Enforcement Policy, any other Association rules and policies and/or Texas law if deemed warranted by the Association.

Access Key Cards 

All homeowners are entitled to use the Facilities, or some portion thereof, and will receive an access keycard from the Wildridge Community Association. The keycard will be required for access to the Facilities or any applicable portion of the Facilities. There is no charge for the initial 2 keycards issued to a person upon move-in via the community Lifestyle Director. If a keycard is lost, damaged, or stolen, thereby necessitating replacement, $25.00 will be charged for each replacement key card.

C. TEMPORARY SUSPENSION OF AMENITY ACCESS

A Wildridge Community Association member's amenity access may be suspended during a period in which the member is not in good standing with the Association. A person is not in good standing with the Association if that person (a) remains delinquent in the payment of annual maintenance charges or other assessments thirty (30) days after receiving written notice of the delinquency from the Association, (b) is delinquent in the payment of a fine levied by the Association, (c) has an unresolved deed restriction violation on his/her lot in Wildridge that has progressed to the stage of a notice of a fine, or (d) is determined to have provided false information to the Association in connection with an ARC application. If facility and amenity privileges are suspended for a reason set forth in (a), (b) or (c), above, the facility and amenity privileges will not be restored until the condition causing the suspension is resolved. If facility and amenity privileges are suspended because the member provided false information to the Association, privileges will not be restored until the expiration of a period determined by the Board of Directors of the Association, in its sole discretion, to be appropriate under the particular circumstances.

This Agreement, between the undersigned ("Member") and the Association, is for all voluntary amenity and facility usage:

By executing this Agreement, Member acknowledges that Member has read and understands the foregoing description of the applicable types of amenity and facility usage and all of the provisions relating to the use, rules, key cards, temporary suspension of access. Member agrees, for himself/herself and for Member's family members and guests, to comply with all applicable provisions in Part I of this Agreement and the Rules relating to the use of the Facilities or any portion thereof. Member further agrees, for himself/herself and for Member's family members and guests, as follows:

1. Hold Harmless: That the Facilities are primarily recreational facilities managed by the Association. There may not be lifeguards or monitors present at any times during which the Facilities, or some portion thereof, are available for use. Some activities, classes, or programs may involve the use of the equipment at the Facilities, and employees or agents of the Association may provide instructions regarding the use of the equipment. Nevertheless, employees and agents of the Association are not trained to evaluate whether a person is suitable or fit to participate in various activities at the Facilities or to use equipment at the Facilities or to determine what level of physical exertion may be appropriate for Member, any of Member's family members, or any guest of Member. By signing this Agreement, Member, for himself/herself, and for Member's family members and guests, acknowledges that he/she is not relying upon the Association or any employee, agent, or representative of the Association with regard to whether Member or any of Member's family members or guests are in appropriate physical condition to use the Facilities, or some portion thereof, to use any equipment at the Facilities, or to engage in any type of exercise at the Facilities. By signing this Agreement, Member, for himself/herself and for Member's family members and guests, agrees to hold the Association, Capital Consultants Management Corporation, LH Wildridge LLC, and Ashlar Development, their respective officers, directors, employees, agents, and representatives, harmless from and against any and all claims for injuries to Member, any member of Member's family, and any guests of Member resulting from the use of the Facilities and the use of any equipment at the Facilities.

2. Photographs: That the Association may take photographs or video recordings of the Facilities for purposes of illustrating, promoting, or advertising the Facilities or promoting the Wildridge community. By signing the Agreement, Member, for himself/herself, and for Member's family members, including minors and guests, consents to the use of all photographs and video recordings of the Facilities which may include photos, recordings, images or likenesses of Member, any of Member's family members, including minors, and any of Member's guests for illustration, advertising, promotional purposes, and duplication without any form of consideration or compensation to Member or any of Member's family members or guests. The use of photographs and video recordings of Facilities will strictly be limited to professional and promotional advertising uses. Member further agrees, for himself/herself and for all members of Member's family and all guests of Member that neither Member, Member's family members nor Member's guest shall have any ownership rights or interest in any photographs or video recordings of the Facilities in which Member, a member of Member's family or a guest of Member may appear. Member, for himself/herself, and for Member's family members and guests, agrees to release the Association, Capital Consultants Management Corporation, LH Wildridge LLC, and Ashlar Development, their respective officers, directors, employees, agents, and representatives from all claims in any manner related to the production or use of photographs or video recordings of the Facilities in which Member, a member of Member's family or a guest of Member may appear. 

I. Trail System 

The Wildridge Trail System is reserved for use by residents of Wildridge only. The trails are designed for the enjoyment of residents. The trails could be used for walking, jogging, skating, biking, among other activities. All individuals using the trail system are expected to abide by the guidelines set forth by the Association and to maintain a courteous and respectful manner at all times. It is the resident's responsibility to be up to date on the Army Corps of Engineers regulations as some of Wildridge's trails connect with Army Corp land. For the safety of minors, children under the age of 16 must be accompanied by an adult at all times while using the trail system. Motorized vehicles (such as motorcycles, golf carts, electric or gas-powered scooters, etc are expressly prohibited from use on the trail system. Residents, minors, and guests of residents must remove and properly dispose of all trash, materials, and personal property. Residents and/or guests of residents walking dogs, pets, or other animals must ensure that such animals are kept on a leash at all times and must properly clean up and dispose of animal waste while on the trails. Parts or all of the Wildridge trail system are located adjacent to the property that may contain wildlife of any kind. Residents and their guests are required to beware of animals.

The Association may install appropriate signage at one or more locations on the trail system to notify residents and/or guests of the terms set out hereinabove. However, regardless of whether such signage is installed, residents and guests will at all times be obligated to observe and comply with the requirements of these Facility Use Guidelines as they relate to the trail system.

II. Use of Golf Carts

Golf carts are permitted on public roads provided they are street legal and the operator has a valid driver's license. Golf carts are not permitted on community common areas such as sidewalks, green spaces, trails, parks, etc. unless operated by an association board member or staff member-approved driver.

 

PART III. Rules & Guidelines for Watercrafts and Bikes

Please read below the guidelines regarding the watercraft and bike rental policy.

1. Residents will be given keys to the watercrafts and/or bike(s) as well as to lockers where residents can access supplies. Supplies include but are not limited to, paddles and lifejackets.

2. Watercraft(s), bikes or any accessories returned in a damaged condition, which the determination of such damaged condition shall be made by the Association in its sole and absolute discretion, then the resident/homeowner will owe any fees and costs deemed appropriate by the Association for damages sustained to the Watercraft, bike, and/or accessories, up to an amount equal to the costs to repair or replace the damaged Watercraft, bike and/or

3. Watercraft and bike rentals are for Wildridge residents 18 years or older only. Parent or Guardian may rent a canoe(s) or bike(s) for minor(s Homeowner must have already closed on the home. Wildridge residents are allowed to reserve a watercraft or bike for guests as long as the resident is present during the rental. Residents are responsible for their guests and minors and will be held responsible for them. 

4. In order to rent a watercraft or bike, the resident must be in good standing with Wildridge Community Association, Inc. and have no outstanding deed restriction violation, violation fines, and/or unpaid assessment balance. 

5. It is the resident's responsibility to be up to date on the Army Corps of Engineers' regulations as watercraft loading and unloading is done on Army Corps land.

Overdue Fines (Minimum of 1 hour and Maximum of 24 hours) 

By signing, I understand that a minimum of One Hundred Dollars ($100.00) and a maximum of One Thousand Dollars ($1000.00) for overdue watercrafts, bikes, accessories, and/or keys. I understand that "overdue" means that watercrafts, bikes, accessories, and/or keys were not returned starting one hour after the agreed-upon drop-off time. After 24 hours, I understand that those items will be deemed missing and / will be charged the full price of those items (please see damaged and missing fees for additional details / also understand that being a homeowner in Wildridge that I am responsible for my guests and minors and will be held responsible for them. 

1. WATERCRAFTS - Fines for overdue watercrafts are Fifty Dollars ($50.00) per watercraft after one hour. If watercraft(s) are not returned within 24 hours, the watercraft will be deemed as missing. 

2. BIKES - Fines for overdue bikes are Fifty Dollars ($50.00) per bike after one hour. If bike(s) are not returned within 24 hours, the bike will be deemed as missing.

3. ACCESSORIES - Fines for overdue accessories for each and every accessory brought back later than the agreed-upon time is Twenty Dollars ($20.00) for each and every accessory not returned (accessories include but are not limited to life jackets and paddles If accessories are not returned within 24 hours, the accessory will be deemed as missing. 

4. KEYS - Fines for overdue keys is Ten Dollars ($10.00) per key given. If keys are not returned within 24 hours, the keys will be deemed as missing. 

Example: If a resident rents one watercraft and the keys are brought back two hours late, the minimum fine will be One-Hundred Dollars ($100.00). 

 

Watercraft or Bike Damage/Missing Fees (After 24 Hours)

By signing, I understand that I will automatically be charged for damaged or missing accessories, keys, and/or bikes or watercrafts. I understand that a minimum of Twenty Dollars ($20.00) and a maximum of One-Thousand Dollars ($1000) for missing or damaged watercrafts, bikes, accessories, and/or keys. / understand that "missing" means that after 24 hours of not bringing back a watercraft, bikes, accessory, and/or keys, / will be charged for the full price of that item. I also understand that being a homeowner in Wildridge that / am responsible for my guests and minors and will be held responsible for them.

1. WATERCRAFTS - Fees for missing watercrafts are One-Thousand Dollars ($1000.00) per watercraft. Fees for damaged watercrafts will be determined by the Association in its sole and absolute discretion, then the resident/homeowner will owe any fees and costs deemed appropriate by the Association for damages sustained to the Watercraft and accessories, up to an amount equal to the costs to repair or replace the damaged Watercraft and/or accessories.

2. BIKES - Fees for missing bikes are five-hundred dollars ($500.00) per bike. Fees for damaged bikes will be determined by the Association in its sole and absolute discretion, then the resident/homeowner will owe any fees and costs deemed appropriate by the Association for damages sustained to the bike and accessories, up to an amount equal to the costs to repair or replace the damaged bikes.

3. ACCESSORIES- -Fees for missing or damaged accessories will be determined by the Association in its sole and absolute discretion, then the resident/homeowner will owe any fees and costs deemed appropriate by the Association for damages sustained to the Watercraft and accessories, up to an amount equal to the costs to repair or replace the damaged Watercraft and/or accessories.

4. KEYS - Fees for damaged or missing keys is Twenty Dollars ($20.00 Fines for overdue keys is Ten Dollars ($10.00) per key given. If keys are not returned within 24 hours, the keys will be deemed as missing.

A. WATERCRAFT AND BIKE AGREEMENT

I, the undersigned, accept for use the watercraft (such as a boat, canoe, kayak, paddleboard, etc bikes, and all appurtenant accessories pursuant to the terms described below and accept full responsibility for its care while it is in my possession. I accept the watercraft and bike in its current condition, AS IS, with all faults or defects. I agree to lock the watercraft and/or bike with an appropriate lock when not in use. I agree to practice good judgment and appropriate water safety when using a watercraft.

I agree that if the watercraft, bike, or any accessories rented (such as life vests and paddles) are not returned to the Amenity Center by the agreed-upon time, then I shall owe Wildridge Community Association, Inc. a fine of a minimum of One Hundred Dollars ($100.00). If the watercraft, bike, and/or accessory is not returned within 24 hours, the equipment will be deemed as missing. If I return a watercraft, bike, or any accessories in a damaged condition, which the determination of such damaged condition shall be made by the Association in its sole and absolute discretion, then I will owe any fees and costs deemed appropriate by the Association for damages sustained to the Watercraft, bike and/or accessories, up to an amount equal to the costs to repair or replace the damaged Watercraft and/or accessories. If I fail to return the Watercraft, bike, and any accessories within 24 hours of the agreed Return Date, I will owe a fee to the Wildridge Community Association,

I understand and acknowledge that operating a bike and watercraft on open water is a dangerous activity and carries with it certain hazards and risks of which I am aware. I further realize that mechanical failures, improper or unsafe operating, falls, and collisions with other objects, including boats, can occur and may cause property damages, injuries, and/or even death to myself and/or others. I agree to ASSUME ALL RISKS AND RESPONSIBILITY for myself, my heirs, executors, administrators, personal representatives, and assigns for such incidents for injuries.

I, AS THE UNDERSIGNED, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNEES HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ANY OF THE WILDRIDGE COMMUNITY ASSOCIATION, INC., CRESCENT COMMUNITIES, ASHLAR DEVELOPMENT, TAYLOR DUNCAN INTERESTS AND CAPITAL CONSULTANTS MANAGEMENT CORPORATION, AND THE DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, REPRESENTATIVES, AND VOLUNTEERS OF EACH SUCH ENTITY (COLLECTIVELY "RELEASED PARTIES") FROM ANY AND ALL LIABILITY FOR ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM, OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, BODILY INJURY INCLUDING DEATH, AND PROPERTY DAMAGE, THAT THE UNDERSIGNED MAY SUFFER OR INCUR AS A RESULT OF UNDERSIGNED'S USE OF THE WATERCRAFT, BIKE AND ACCESSORIES, FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR BREACH OF CONTRACT ON THE PART OF ANY OF THE RELEASED PARTIES IN THE OPERATION, SUPERVISION, DESIGN, MAINTENANCE, OR CONDITION OF ANY PART OF THE BIKE, WATERCRAFTS AND/OR WATERCRAFT ACCESSORIES. THE UNDERSIGNED

HEREBY ATTESTS THAT HE OR SHE HAS REVIEWED THE RELEASE PROVISIONS SET FORTH HEREIN WITH HIS OR HER ATTORNEY OR COUNSEL AND THAT HE OR SHE UNDERSTANDS THE MEANING OF SUCH RELEASE PROVISIONS.

I, AS THE UNDERSIGNED, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNEES HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND, AND SAVE AND HOLD HARMLESS THE RELEASED PARTIES AND EACH OF THEM FOR, FROM AND AGAINST ALL LOSSES, LIABILITIES, CLAIMS (INCLUDING ANY CLAIM OF NEGLIGENCE), ACTIONS, DAMAGES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) OF ANY NATURE WHATSOEVER, WHETHER IN LAW OR IN EQUITY, THAT ANY AND EACH OF THE RELEASED PARTIES MAY INCUR OR THAT MAY ARISE OUT OF, OR IN ANY WAY RESULT FROM OR RELATE TO, THE UNDERSIGNED'S USE OF THE BIKE, CANOE AND/OR ACCESSORIES. THE UNDERSIGNED HEREBY

ATTESTS THAT HE OR SHE HAS REVIEWED THE INDEMNITY PROVISIONS SET FORTH HEREIN WITH HIS OR HER ATTORNEY OR COUNSEL AND THAT HE OR SHE UNDERSTANDS THE MEANING OF SUCH INDEMNITY PROVISIONS.

I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law rules. I HAVE CAREFULLY AND FULLY READ, UNDERSTAND THE CONTENTS OF, AND VOLUNTARILY SIGN THIS AGREEMENT, and further agree that no oral or written representations, statements or inducement apart from this Agreement have been made. I am either at least 18 years of age, or my parent or guardian has also signed on my behalf, below.

This Agreement shall be effective and binding upon signing and submitting to the Wildridge Community Association.

 

FOR ANY UNDERSIGNED UNDER 18 YEARS OF AGE A PARENT, GUARDIAN, OR CUSTODIAN PAGE OF THE INDEMNIFICATION

THIS IS TO CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR ANY UNDERAGED PERSONS, DO CONSENT AND AGREE TO HIS/HER EXECUTING THE AGREEMENT AND BEING BOUND BY THE RELEASE, WAIVER, AND OTHER TERMS PROVIDED THEREIN. I RELEASE AND AGREE TO INDEMNIFY THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES INCIDENT TO THE MINOR CHILD’S USE OF THE BIKE, CANOE AND/OR THE CANOE ACCESSORIES, FROM ANY CAUSE WHATSOEVER, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO AGREE TO ALL OTHER CONDITIONS SET FORTH IN THIS AGREEMENT. I HEREBY ATTEST THAT I HAVE REVIEWED THE INDEMNITY PROVISIONS SET FORTH HEREIN WITH MY ATTORNEY OR COUNSEL AND THAT I UNDERSTAND THE MEANING OF SUCH INDEMNITY PROVISIONS.

 

PART IV. Rules & Guidelines for Soccer Field

In order to ensure that the use of the community soccer goals is harmonious for all homeowners and guests; we have drafted the following rules and guidelines for use of the field located at Trinity Dr. & Echo Summit Drive. Please note, these are subject to change and will be adjusted to address any potential items of concern that may arise with increased traffic and a growing community. We ask that all homeowners, family members, friends, and guests of homeowners continue Wildridge's tradition of promoting courtesy and respect amongst the community, by adhering to these rules and guidelines. Failure to comply may result in the suspension of amenity access.

1. Use of the soccer goals should be limited to Wildridge Community Association members (homeowners and residents) and guests of members.

2. All homeowners who intend to utilize community soccer goals should ensure they have read, understood, and have turned in a signed copy of the Wildridge Amenity Usage Agreement.

3. Use of the soccer goals should be limited to the hours of 8:00a.m. - 9:00p.m.; while whistles or other noisemakers should be restricted to use between 9:00a.m. and 8:00p.m.

4. Soccer-related activities should not occur in the event of wet weather. Playing on muddy fields will damage the surface and risk injury to players.

5. In the event of thunder or lightning, without exception, all should leave the field and find safe shelter for at least 30 minutes from the last instance of thunder or lightning.

6. All soccer participants, spectators, etc. should pick up their trash and dispose of it

properly during and following any activities.

7. Legal parking is permitted and will be enforced by Oak Point PD. Please do not park in front of residences, and do not park illegally.

8. Reservations are available for homeowners via the association Lifestyle Director.

9. Groups of 20 or more, including spectators, are required to have a permit from the community association to use the goals.

10. Organized soccer activity reservations permitted only for teams comprised of at least 51% Wildridge residents.

11. Reservations will be limited at the Community Manager and Lifestyle Director's discretion, based upon factors such as, but not limited to: availability, weather, open play availability, field conditions, etc.

12. A written permit from the association will be given to reserving parties; permit holders shall have first rights for the use of the field.

13. In the event of any conflicting use of the field, please use courtesy and respect in dealing with neighbors and guests.

14. Do not climb on soccer goals or nearby fences, as it is a severe safety hazard. Please do not run after soccer balls that may end up in roadways. Parents, guardians, and adults should teach kids to look both ways before retrieving a soccer ball or otherwise entering the roadway, and not to climb on heavy equipment, before allowing them to participate in any activities at this field.

15. Alcoholic beverages, tobacco products, and unauthorized sale/distribution of food products are prohibited.

16. Portable soccer goals, canopies, etc. must be properly anchored when in use and removed when

17. Hitting, throwing, or kicking balls into fences is not allowed. If you are found to be a disturbance to neighboring homeowners you will be asked to leave the field and may have amenity access

18. Golfing, motorized vehicles (such as motorcycles, golf carts, electric or gas-powered scooters, etc, and unleashed pets are not allowed on the field.

Please contact the Wildridge Community Association for specific information or questions about the rules or reservations governing the use of their soccer goals and field.

V. Rules and Guidelines for Community Pool(s)

Residents are permitted to use the pool(s) at their own discretion. THERE MAY BE NO LIFEGUARD ON DUTY AT THE POOL, so adult supervision is required.

Adult supervision is required at all times for children under 16 at the community pool(s Children ages 12- 15 may be unaccompanied if they have completed and passed a swim test administered by a lifeguard at the pool, however, THERE MAY BE NO LIFEGUARD ON DUTY AT THE POOL.

The use of the pool(s) is for residents of the Community only and their permitted guests. Each household within the Community may not have more than 4 guests at the Community pool at any one time.

All infants/toddlers must wear swim diapers. No regular disposable diapers or other diapers are allowed at ANY time. 

The Community pool rules include the following:

• Running, jumping, skipping, or anything other than walking inside the pool area is prohibited.
• No pets, bikes, skateboards, rollerblades, scooters, or motorized cycles are allowed within the pool area.
• Floating devices may be allowed in the pool during an adult swim at the lifeguards' discretion.
• Water wings and small floats for non-swimming children are allowed.
• No smoking or tobacco products may be used in the pool area.
• Toys and balls of any type may be allowed in the pool at the lifeguards' discretion.
• No person may take, throw, admit, or allow any foreign substances in the pool.
• Drinks and food items must be consumed in designated areas only and away from the pool.
• No cutoffs or street clothes are allowed in the pool.
• No snorkels or face masks are permitted in the pool during open swim. Plastic swim goggles are acceptable.
• No "summersaults", "back dives", cannonball", "preacher seats", "can openers" or similar type entries from the edge of the Pool are permitted.
• No diving is permitted into the pool.
• No glass articles are permitted in the pool area.
• No alcohol or drugs are permitted in the pool area.
• Radios shall be operated only with headphones.

The pool shall only be used during the pool hours as may be posted by the Association from time to time. Any other rules that may be posted by the Association at the Community pool shall be complied with.

Any conduct deemed to be dangerous or unwarranted is grounds for reprimand or suspension from the Community pool. The Association and any manager of the Association shall have the authority to enforce all policies and procedures with regard to the Community Pool. In addition, failure to comply with the pool rules, or instructions of the management office of the Association may result in an immediate violation fine to the homeowner and/or get their membership privileges revoked.

 

VI. Wildridge Community Association COVID-19: Pool & Related Facilities

RELEASE, WAIVER OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK

Due to COVID-19 Concerns and Various Directives from Municipal and State Authorities, Use of the Pool and Related Facilities Will Only be Allowed after You Sign this Release. I understand COVID-19 is an easily transmittable and contagious virus and there are no known measures to insulate myself from infection. I also understand that any insurance maintained by the owner and operator of the pool and related facilities will likely not provide coverage for bodily injury, including permanent disability, paralysis, and death, resulting from infection by the COVID-19 virus. By entering and using the pool and related facilities I am knowingly and voluntarily subjecting myself to possible exposure to the COVID-19 virus and the consequences thereof. I will undertake all reasonable measures to protect myself and others who use the pool and related facilities from exposure or infection. I fully understand that the use of the pool and related facilities may involve risks of serious bodily injury, including permanent disability, paralysis, and death, caused by contraction of the COVID-19 virus due to: (i) my own actions, or inactions, (ii) the actions or inactions of third-parties using the pool and related facilities, and (iii) the actions or inactions of the Wildridge Community Association (collectively, the "Risks" I fully understand, accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of such Risks. In consideration of being allowed to use the pool and related facilities, on my behalf and on behalf of my heirs, representatives, and assigns, I hereby release, forever discharge and covenant not to sue the Wildridge Community Association, CCMC, LH Wildridge LLC, and Ashlar Development., its 

respective directors, officers, agents, employees and contractors (collectively, the "Releasees") from all

liability, claims, demands, losses, or damages suffered by me on my account of, or alleged to be caused, in whole or in part, by the negligence or gross negligence of the Releasees or otherwise, resulting in my exposure to or infection by the COVID-19 virus. I further warrant, covenant, and agree that the release, waiver, and assumption of the risk contained herein shall be binding on anyone who makes a claim against any of the Releasees on my behalf or resulting from injuries which I may incur or suffer. I further agree to INDEMNIFY AND HOLD THE RELEASEES HARMLESS from any claim asserted by or on behalf of my family members or any of my guests based on facts or circumstances encompassed by the Risks.

In further consideration of being allowed to use the pool and related facilities, I hereby affirm that neither I nor any of my family members: (i) have a cough, fever, shortness of breath, or (ii) have been sick in the past two weeks or exposed to someone who has been sick in the past two weeks. My family members and I, including our guests, agree to practice preventative actions issued by the CDC to prevent the spread of COVID-19 including, but not limited to, maintaining a physical distance of at least six feet between persons.

I have read this RELEASE, WAIVER OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. Any violation of the Association's Rules is subject to immediate removal and suspension of privileges.

I, AS THE UNDERSIGNED, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNEES HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ANY OF THE WILDRIDGE COMMUNITY ASSOCIATION, INC., CRESCENT COMMUNITIES, ASHLAR DEVELOPMENT, TAYLOR DUNCAN INTERESTS, AND CAPITAL CONSULTANTS MANAGEMENT CORPORATION, AND THE DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, REPRESENTATIVES, AND VOLUNTEERS OF EACH SUCH ENTITY (COLLECTIVELY "RELEASED PARTIES") FROM ANY AND ALL LIABILITY FOR ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM, OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, BODILY INJURY INCLUDING DEATH, AND PROPERTY DAMAGE, THAT THE UNDERSIGNED MAY SUFFER OR INCUR AS A RESULT OF UNDERSIGNED'S USE OF THE WATERCRAFTS, EVENTS, TRAILS, ALL AMENITY FACILITIES AND/OR THE WATERCRAFT ACCESSORIES, FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR BREACH OF CONTRACT ON THE PART OF ANY OF THE RELEASED PARTIES IN THE OPERATION, SUPERVISION, DESIGN, MAINTENANCE, OR CONDITION OF ANY PART OF THE CANOE AND/OR THE CANOE ACCESSORIES. THE UNDERSIGNED HEREBY ATTESTS THAT HE OR SHE HAS REVIEWED THE RELEASE PROVISIONS SET FORTH HEREIN WITH HIS OR HER ATTORNEY OR COUNSEL AND THAT HE OR SHE UNDERSTANDS THE MEANING OF SUCH RELEASE PROVISIONS.

I, AS THE UNDERSIGNED, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNEES HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND, AND SAVE AND HOLD HARMLESS THE RELEASED PARTIES AND EACH OF THEM FOR, FROM, AND AGAINST ALL LOSSES, LIABILITIES, CLAIMS (INCLUDING ANY CLAIM OF NEGLIGENCE), ACTIONS, DAMAGES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) OF ANY NATURE WHATSOEVER, WHETHER IN LAW OR IN EQUITY, THAT ANY AND EACH OF THE RELEASED PARTIES MAY INCUR OR THAT MAY ARISE OUT OF, OR IN ANY WAY RESULT FROM OR RELATE TO, THE UNDERSIGNED'S USE OF THE CANOE AND/OR ACCESSORIES. THE UNDERSIGNED HEREBY ATTESTS

THAT HE OR SHE HAS REVIEWED THE INDEMNITY PROVISIONS SET FORTH HEREIN WITH HIS OR HER ATTORNEY OR COUNSEL AND THAT HE OR SHE UNDERSTANDS THE MEANING OF SUCH INDEMNITY PROVISIONS.

THIS RELEASE OF LIABILITY, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF THE RELEASED PARTIES AND THEIR SUCCESSORS AND ASSIGNS.

BY SIGNING THIS AGREEMENT, I UNDERSTAND THAT I AM RELEASING EACH AND ALL OF THE RELEASED PARTIES FROM ANY POTENTIAL CLAIMS FOR NEGLIGENCE AND FOR ANY DAMAGES RESULTING FROM ANY POTENTIAL CLAIMS FOR NEGLIGENCE, AS WELL AS AGREEING TO THE OTHER TERMS IN THIS AGREEMENT.