The Embry Hills Club, Incorporated Hold Harmless and Waiver Agreement

All adults over the age of 21 living in the membership household must sign this form. If nannies or other childcare providers over age 21 will bring children, they must also sign this form.

1. WHEREAS, the undersigned (hereafter collectively referred to as "Member") and noted dependents (hereafter collectively referred to as "Member's dependents") are utilizing the swimming facility owned and operated by Embry Hills Club; and 2. WHEREAS, such use requires the undersigned Member or Member's dependents to be in and around the premises; and 3. NOW, THEREFORE, in consideration of being permitted on and around the premises and to use the facilities owned and operated by Embry Hills Club, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Member, on behalf of Member's dependents, hereby agrees to release, protect, and hold harmless Embry Hills Club, Board of Directors, employees, agents and assigns, against and from any and all liability of any and every kind, nature or description for injury to or death of any person or persons whomsoever and for loss or damage to any property whatsoever, together with all costs and expenses incident thereto arising in any manner, directly or indirectly, out of or in connection with the use of Embry Hills Club facilities, provided such indemnification shall not extend to injury, death, loss or damage caused by the gross negligence or willful misconduct of Embry Hills Club, its Board of Directors, or its employees. 4. It is further expressly understood and agreed that pool use, whether guarded or unguarded, and tennis activities are inherently dangerous activities, and that certain risks accompany participation in said activities, including, but not limited to, the risk of physical injuries from falling, being struck by fellow members, drowning, and exposure to communicable diseases. In signing this agreement, you as a member of Embry Hills Club, are declaring that you are a competent swimmer 21 years of age or older and are assuming sole responsibility for your safety and for the safety of your family members and guests. BY UTILIZING POOL AND/OR TENNIS FACILITIES AT EMBRY HILLS CLUB, YOU

AGREE AND UNDERSTAND THAT YOU ARE ASSUMING THE RISKS ASSOCIATED WITH SAID ACTIVITIES. SAID RISKS ARE PRESENT AND INHERENT IN SAID ACTIVITIES IRRESPECPTIVE OF THE ACTIONS OR

INACTIONS OF EMBRY HILLS CLUB IN MAINTAINING, MONITORING, OR SUPERVISING THE PREMISIS

5. It is further expressly understood and agreed that the Member will observe and abide by all warnings, instructions, and precautions issued or made by Board of Directors or employees of Embry Hills Club with respect to the use of the premises, regardless of whether such warnings, instructions, and precautions are written, spoken, or otherwise. It is the duty of Member to familiarize himself/herself with said warnings, instructions, and precautions prior to his/her use of the Embry Hills Club facility. 6. It is further understood and agreed by the Member that Embry Hills Club facilities are open to other members and guests of members and that Embry Hills Club is unable to prevent members or guests who are infected with a communicable disease from using Embry Hills Club facilities. Embry Hills Club will at all times follow the guidance of the Center for Disease Control and local governmental

health officials, but such compliance is no guarantee that members of Embry Hills Club will not otherwise be exposed to a communicable disease. Accordingly, by signing below, Member acknowledges the risk of contracting a communicable disease exists whether or not Member visits Embry Hills Club's facilities and waives any claim against Embry Hills Club related to Member's contraction of a communicable disease after visiting Embry Hills Club's premises.

7.It is further understood that it is incumbent on all members to maintain the safety and cleanliness of

the Embry Hills Club facilities. As such, you agree not to bring bottles or glass containers anywhere on the club property, to remove all trash and keep the pool and deck area clean of debris, and to return pool deck furnishings to their proper location.

8.Insofar as Member's family unit includes minors aged 10 and older who have passed the swimming

test administered by a lifeguard employed by Embry Hills Club in order to utilize pool area without parental supervision during lifeguard hours, it is further understood and agreed by the Member and Member's dependents that, in order to retain privilege of use of pool without parental supervision, Member's dependents assume all aforementioned risks and must abide by all stated warnings, instructions, and precautions issued by Embry Hills Club, its Board of Directors, or its employees regardless of whether warnings, instructions, and precautions are written, spoken, or otherwise. It is further understood that Member's minor dependents, regardless of age, will not be permitted use of pool during hours in which lifeguard is not on duty without parental supervision.

9.It is understood that during unguarded hours, use of the diving boards is expressly forbidden. It is further understood that Members may not bring guests to the pool during unguarded hours and that no members. Further, no adults or minors are allowed to swim alone with no lifeguard present. Member further agrees to sign-in upon arrival and sign-out on departure and to ensure all gates are securely locked when leaving the pool.

10. It is further understood that violations by a Member or Member's dependents of stated warnings, instructions, and precautions issued or made by Embry Hills Club, its Board of Directors, or employees could result in a penalty including but not limited to, monetary fine or revocation of membership. Breaking of ANY of the above agreements or any of the rules set forth in the attached "Embry Hills Club, Inc. Rules" will result in the following penalties:

a.1st offense: $100.00 penalty

b.2nd offense: $500.00 penalty

IN WITNESS WHEREOF, the undersigned (Member and/or Parent of associated dependent members) has hereunto set his hand and seal on the date noted below. My heirs and estate are also bound under this agreement.

Member's dependents are also bound to this agreement. Please complete dependent information on following page. If there are no dependents, mark "N/A."