Congratulations on your new home!

PLEASE COMPLETE THE ENTIRE FORM AND FOLLOWING FACILITIES USE AGREEMENT FOR EACH MEMBER OF YOUR HOUSEHOLD WHO QUALIFIES FOR A CARD.

Residents gain entry to all access-controlled amenities by using an access card printed with the resident’s name and photo for identification purposes. As a permanent resident 18 years of age or older, you have access to all of the amenities here at Wendell Falls Community Association. Residency verification is required before the issuance of your access card.

You will receive confirmation and an invitation to pick up your card when done. Each household of a newly built home will receive up to two (2) complimentary cards. Any additional cards at the same address due to multiple co-residing adults, cards due to resales, or replacement cards will incur a $30 fee per card.

I hereby authorize Wendell Falls Community Association, Inc. and its agents to notify me (us), as the owner of the above property, by electronic email format for association notifications to owners as required in the governing documents.  Electronic communication is permitted in lieu of mailings if the owner designates an email in writing per North Carolina Chapter 55A-1-70.  I understand that I may request a hard copy for my files from management on an individual basis.  I further understand that if my email changes, it is my responsibility to update the Association.

I hereby authorize Wendell Falls Community Association, Inc. and its agents to notify me (us) by electronic mail format regarding community events and programs for the association.

Name of Wendell Falls Entities: Wendell Falls Community Association, Inc. (the "Community Association"), and NASH Wendell Falls, LLC, - dba Brookfield Communities (collectively, the "Wendell Falls Entities").

THIS RELEASE AND INDEMNITY AGREEMENT ("Release") is made by the undersigned to release and indemnify the Wendell Falls Entities and any company chosen by the Wendell Falls Entities to serve as a Manager or Managing Agent of the Wendell Falls Entities (the "Manager"), and each of their parent companies, if any, their affiliated or subsidiary companies, and all of their respective shareholders, officers, directors, members, managers, committee members, agents, contractors, employees, volunteers, representatives, successors, and assigns (collectively, the "Released Parties"), as set forth below.

1. Activity. The undersigned, on behalf of the undersigned and the undersigned's family members, including, without limitation, the undersigned's spouse, parents, siblings and children, heirs, executors, personal representatives, administrators, and assigns, (singularly and collectively referred to as "Participant") hereby grants to the Released Parties the full release and indemnification set forth herein as consideration for permitting Participant to participate in swimming, swimming lessons, water sports and other athletic or physical activities (the "Activity") at the Community Association Pool located in the Wendell Falls community in Wendell, Wake County, North Carolina, specifically including, without limitation, the swimming pool and any related equipment located at the pool facility (collectively, the "Club") during such times that the Wendell Falls Entities designate as Swim at Your Own Risk ("SAYOR"). SAYOR times for the current pool season will begin at 6 a.m. and end at 9 a.m. Other SAYOR dates and times shall be determined by the Community Association or a committee responsible for Club operations and shall be subject to change in the sole discretion of the Community Association. By signing this Agreement, the undersigned acknowledges that during SAYOR times, there will be no lifeguard, pool attendant, or staff member affiliated with the Manager or Wendell Falls Entities on duty at the Club to monitor Participant's participation in the Activity.

2. Release and Indemnity. Participant is voluntarily participating in the Activity with full knowledge, understanding and appreciation of the risks of injury inherent and expressly assumes all risks of injury and even death, which could occur by reason of Participant's participation in the Activity. Participant hereby irrevocably, unconditionally, and forever releases, acquits, quitclaims, and discharges the Released Parties of and from any and all liabilities, charges, actions, complaints, causes of action, claims, obligations, promises, controversies, damages, suits, proceedings, expenses, and demands of any kind or nature whatsoever, whether currently known or unknown, suspected or unsuspected, currently existing, arising or accruing in the future based upon, arising out of, related to, or connected in any way with Participant's participation in the Activity or any collateral matters thereto including, without limitation, medical treatment and transportation provided in the event of an emergency.

Participant hereby assumes full responsibility for risks of bodily injury, property damage or death to Participant due to the ordinary negligence or gross negligence of the Released Parties or the ordinary negligence, gross negligence, or willful misconduct of any third party including, without limitation, others participating in the Activity.

Participant agrees to indemnify, defend, reimburse, and hold harmless, at Participant's sole cost, the Released Parties for, from, and against any and all claims, losses, costs, damages, judgments, actions, liabilities, obligations, or expenses, which may be threatened against or incurred or undertaken by any one or more of the Released Parties, whether currently known or unknown, liquidated or contingent, currently existing, arising or accruing in the future based upon, arising out of, related to, or connected in any way with Participant's participation in the Activity or any collateral matters thereto including, without limitation, medical treatment and transportation provided in the event of an emergency.

All personal property of Participant brought to the Activity, is brought at the sole risk of Participant as to its theft, damage, or loss. Participant acknowledges and agrees that the Released Parties shall have no liability or obligation to Participant with respect to, arising from, related to, or in connection with Participant's participation in the Activity or the personal property of the Participant brought to or left at the Club.

Participant assumes full liability for any risks, injury, death or damage, should they allow someone else to use their Access Card to gain access to the pools and participate in the Activity.

3. Medical. Participant hereby consents to emergency medical care and transportation in order to obtain treatment in the event of injury to Participant as any of the Released Parties may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.

4. Miscellaneous. Participant expressly agrees that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of North Carolina. Participant represents and warrants to the Released Parties that Participant is eighteen (18) years of age or older, is under no legal incapacity to execute this Agreement and to be bound by its terms, and has the authority to execute this Release. Participant agrees that, notwithstanding the principles of conflicts of law, the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance, and enforcement of this Release. Any provision or portion of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion.

PARTICIPANT HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMNITY AGREEMENT AND UNDERSTANDS THAT THIS IS A LEGALLY BINDING AGREEMENT.

By signing where indicated below, I hereby agree as follows:

In consideration of being allowed to participate in the activities and programs (the "Activities") provided by Wendell Falls Community Association, Inc. (“Wendell Falls”), and in consideration of being allowed to use and enjoy the amenities, common areas, facilities, equipment, and machinery of Wendell Falls (the "Facilities"), to the fullest extent allowed by law, I hereby waive, release, and forever discharge the Wendell Falls Community Association, Inc. and its members, officers, directors, committee members, agents, employees, contractors, representatives, executors, and all others (collectively, the "Releasees") from any and all liability, claims, damages, demands, actions, injuries, causes of action, attorney fees, suits, losses, costs, and expenses of whatsoever kind or nature arising from or related to, or in any way connected with, my participation in any Activities, and/or my use of the Facilities. I hereby specifically covenant and agree not to sue such Releasees and agree to indemnify, defend, and hold harmless the Releasees from any and all claims made arising out of my, a member of my family's, or my guest's participation in the Activities and/or use of the Facilities. I agree that non-resident family members and guests visiting the Facilities must be accompanied by a Property Owner or Resident at all times.

I understand and am aware that strength training, flexibility, and aerobic exercise, including the use of equipment, are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and that I am voluntarily participating in these activities and using equipment and machinery at the Facilities with knowledge of the risks involved.

I acknowledge and agree that the Releasees have no obligation to provide, or cause the provision of, medical care in the event I am injured while participating in the Activities and/or using the Facilities. However, in the event of my inability to give consent, I do hereby authorize such first aid and/or medical and/or hospital care or treatment as deemed appropriate to treat any injury, which may occur as a result of my participation in the Activities and/or my use of the Facilities. I acknowledge and agree that I, and not any of the Releasees, will bear the costs associated with such first aid and/or medical and/or hospital care or treatment.

I understand that I am responsible for compliance with the Declaration of Covenants, Conditions, and Restrictions for Wendell Falls (the "Declaration"), the By-Laws of Wendell Falls Community Association, Inc. (the "By-Laws"), and all rules, regulations, guidelines, policies, standards, and any other requirements issued by Wendell Falls, all of which may be amended by Wendell Falls from time to time. Violations of any of these may result in fines or loss of privileges imposed on me pursuant to the procedures set forth in the Declaration and By-Laws. I am also responsible for any violations or damages resulting from the actions of my residents, tenants, family members.

I have had an opportunity to ask questions regarding this Agreement. Any questions I may have had have been answered to my complete satisfaction. I understand the risks of my participation in Activities and/or my use of the Facilities and I voluntarily choose to participate, assuming all risks of injury due to my participation.

I further understand that access cards must be utilized to enter many of the Facilities, and I agree to pay $30.00 per access card in addition to free access card, up to two (2) per owner, per household received from Wendell Falls. Each access card will use photo identification for verification. Extended family residing in a residence will be required to show proof of residency to receive an access card. Tenants/Renters will pay $30.00 per access card and be required to submit a copy of the lease to Wendell Falls HOA. I understand that there is a replacement fee of $30.00 for all access cards. All payments associated with access cards must be made by a check to the order of Wendell Falls Community Association at the time this form is submitted.

PARTICIPANT HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMNITY AGREEMENT AND UNDERSTANDS THAT THIS IS A LEGALLY BINDING AGREEMENT.