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