• Sundance Hills Memorial Day Potluck

    Sunday, May 28 - 5:30 p.m. - 9:00 p.m.

    Please bring a dish to share!

    • Sundance Hills HOA Waiver 
    • I and my party agree to indemnify and hold harmless Sundance Hills Homeowners Association against any damage or injury to my personal property as a result of my participation in this event. I am signing this release freely and voluntarily and intend by such signature to be a complete and unconditional release of all liability, as provided to the greatest extent allowed by applicable law.
      I understand and confirm that I am signing on behalf of all members of my registration.

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    • Sundance Hills Metropolitan District Waiver 
    • Sundance Hills Metropolitan District 

      Facility and Pool Use Waiver 

      I, for myself, my spouse, my minor children, my guests, and my heirs, legal  representatives, executors, and assigns, acknowledge that I have requested permission  from the SUNDANCE HILLS METROPOLITAN DISTRICT (the “District”) to use the District’s  facilities, including without limitation the District’s swimming pool, the Sailfish Room, the  tennis courts, and all related areas (the “District Facilities”), and to participate in or to  attend any programs and/or activities the District sponsors or sanctions, wherever they may  be held (“District Activities”). 

      NOW, THEREFORE, in consideration of being permitted to use the District Facilities and to  participate in District Activities, and having been fully informed of the nature of the District  Activities and the risks inherent in using the District Facilities and participating in District  Activities, I consent and agree to the terms contained in this Facilities and Use Release and  Waiver (“Release”). I also agree that I have reviewed and will abide by the Sundance Hills  Pool & Tennis Club Member and Guest Manual. 

      1. Assumption of Risk. I have independently evaluated and reviewed the risks  involved in using the District Facilities and participating in District Activities. I understand  that participating in District Activities may involve exercise or physical exertion of varying  degrees of difficulty, which may be strenuous and taxing both physically and mentally. I  further understand that by participating in District Activities, I run the risk of physical injury,  both internal and external, temporary and/or permanent, or the risk of death, and may run  the risk of developing mental stress. I determine to engage in District Activities with full  knowledge and acceptance of all risks. Fully understanding these risks, I hereby agree to  assume full responsibility and liability for the possibility of bodily injury (including death) or  property damage which may result from participation in District Activities. Furthermore, I  hereby acknowledge that the risks include, among other things: drowning; ice; slipping and  falling; tripping; collision with fixed objects or people; the exposure to insects; sunburn,  dehydration, heat exhaustion, heat stroke, and heat cramps; strains, sprains, broken bones  and musculoskeletal injuries including head, neck, and back injuries; bumps, scratches, cuts  and/or lacerations, abrasions, and bruises; cardiac related illness; permanent disability or  death; damage to personal property; exposure to inclement weather, insect or animal bites;  exposure to and infection of diseases including without limitation coronavirus disease 2019  (“COVID-19”); and social and economic losses; all of which might result from my action or  inaction, the negligence of others, the rules of play, or the condition of the District Facilities  or any equipment used thereon; the negligence of other persons who may be present;  equipment failure or operator error; my own physical condition, and physical exertion  associated with activity. 

      I further understand: (a) the contagious nature of COVID-19; (b) the possibility  of transmission of COVID-19 by breath, physical contact with other persons, and physical  contact with objects, structures, and persons within the District Facilities; and (c) that such  exposure or infection may result in personal injury, illness, economic loss, permanent  liability, or death. I agree that I understand and voluntarily assume the risk of being  exposed to or infected by COVID-19 as a result, directly or indirectly, of participation in any  District Activities and use of the District Facilities. 

       Release. I specifically and unconditionally release and discharge the District and  its officers, directors, agents, employees, representatives, consultants, lessees, 

      subcontractors (which includes, but is not limited to MPM Recreation & Management, Inc.,  and its respective officers, directors, employees, contractors, agents, and representatives),  successors and assigns (collectively, “Releasees”) from any and all liability to me for any  and all losses or damages on account of any injury to me, including illness, even injury  resulting in death, or to my property, whether caused by negligence of the Releasees or  otherwise, related to any and all claims, losses, and demands that may arise during or  result directly or indirectly from my use of the District Facilities and/or participation in  District Activities. 

       3. Indemnification. I agree to fully indemnify the Releasees from and against any  and all liability, claims, demands, damages, actions, or causes of action whatsoever arising  out of any physical or property damage, including illness, loss, or injury while upon the  premises of the District Facilities or while participating in or attending any District Activities,  or in any way connected to the District Facilities and/or District Activities, whether such  loss, damage, or injury results from the negligence of or any other act of the Releasees or  from some other cause. 

       4. COVID-19 Policies. I understand that as a result of COVID-19 there will be  specific rules, policies, procedures, and/or regulations (collectively, “Policies”) that are  implemented by the District with regard to matters such as, but not limited to: (a) the  number of persons who can be in the District Facilities at any given time; (b) the hours that  the District Facilities will be open for use; and (c) the manner in which members and other  persons will be able to access the District Facilities (e.g., an online reservation system). 

       I hereby acknowledge, understand, and agree to the following: 

      A. The Policies may change without prior notice as a result of changes in COVID-19 or  information or other guidance that is provided by the federal government, State of  Colorado, City of Greenwood Village, Tri-County Health Department, or other governmental  agencies. 

      B. As a result of the Policies, I may not have access to the District Facilities in the same  manner as provided in previous years. 

      C. My payment for use of the District Facilities and to participate in District Activities is not  contingent upon any minimum amount of use of the District Facilities or District Activities. 

      D. If an online reservation system is implemented, it is my responsibility to arrive and leave  the District Facilities in a timely and prompt manner. 

      E. The fee that I pay for access to the District Facilities and to participate in District  Activities will not be subject to deduction, setoff, modification, refund, abatement, or  proration, based on any of the following: (i) the amount of time that I use the District  Facilities or participate in District Activities; (ii) my inability to make use of the District  Facilities or participate in District Activities due to any of the following: inclement weather,  sickness, change of mind by me or anyone in my family, other members making online  reservations, or any similar matter; or (iii) the temporary or permanent closing of the  District Facilities as a result of matters that arise from or relate to COVID-19, which decision  shall be made by the District in its sole and absolute discretion.

      F. I will immediately and fully follow the instructions given by any of the lifeguards or any  other agent of MPM Recreation & Management or the District. 

      G. I will comply with all Policies in effect at any given time, and my failure to do so may  result in the revocation of my ability to use District Facilities or participate in District  Activities without a refund or proration of my payment. 

      H. Based on matters related to COVID-19, there is a risk of being provided CPR, first-aid, or  other life-sustaining measures. I know of and understand these risks, and I expressly  consent to the lifeguards or other agents of MPM Recreation & Management and the District  providing me and my minor children with CPR, first-aid, or other life-sustaining measures as  the lifeguards or other agents of MPM Recreation & Management and the District deem  necessary and appropriate under the circumstances. 

      5. Waiver. I hereby expressly waive any right to seek compensation or damages  from the District in connection with this Release. Nothing in this Release shall be construed  or interpreted as a waiver of the protection granted to the District pursuant to the Colorado  Governmental Immunity Act, as amended. 

      6. Security. The District does not provide security services, patrols or supervision  for the use of District Facilities. If an emergency arises during use of the District Facilities, I  must request emergency services through 911 and comply with instruction from appropriate  emergency personnel and law enforcement. In the instance of any violation of this Release,  the District may terminate this Release immediately and without notice, and I may be  removed from the premises. If warranted, the District may request law enforcement  assistance to ensure compliance with this Release. 

      7. Use Restrictions. The District and/or its agents reserve the right at all times to  enter the District Facilities for the purpose of ensuring compliance with this Release or for  any reason whatsoever. Loud music, instruments and other appliances or equipment shall  not be operated in a manner to constitute an unreasonable disturbance. Dangerous,  flammable, or items of an explosive nature that might increase the danger of fire on District  premises or that might be considered hazardous are not allowed on District property. No  pets or animals are allowed within the District Facilities, except for service animals. No  tobacco, marijuana or drug use is permitted within the District’s Facilities. Alcohol may be  permitted within the District’s Facilities only as permitted by all applicable laws, rules and  regulations in effect. Failure to comply with the conditions of this Release and the Sundance  Hills Pool & Tennis Club Member and Guest Manual may result in immediate termination of  my use of the District Facilities and participation in District Facilities, and expulsion from the  District Facilities in addition to pursuit of appropriate charges and claims. 

       I hereby agree to abide by all rules, regulations and policies of the District as they  may be amended from time to time, whether posted or not. I agree and understand that  failure to comply with any rules, regulations and/or policies provided by the District,  including scheduling and safety policies, as may be amended, for the District Facilities may  result in revocation of my privileges to utilize the District Facilities and/or participate in the  District Activities, revocation of membership without refund, and/or legal action against me. 

      8. Extent of Release. I agree that this Release is intended to be as broad and  inclusive as permitted by the laws of Colorado. I agree that in the event that any clause or  provision of this Release shall be held invalid by any court of competent jurisdiction, the  invalidity of such clause or provision shall not otherwise affect the remaining provisions of 

      this Release, which shall continue to be enforceable and the parties specifically direct any  such court to amend and revise this Release so that the intention of the parties to eliminate  or reduce the liability of the District is realized to the extent legally permissible. 

      9. Survival. This Release is effective immediately and shall survive the  termination of my rights to use the District Facilities and participate in District Activities. 

      10. Knowledge and Consent. I HAVE READ THIS WAIVER COMPLETELY, FULLY  UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL  RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS  RELEASE FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND  UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.  I understand that the District is relying on this Release, and I agree to be legally bound by  this Release. In entering this Release, I am not relying upon any oral or written  representations made by the District other than what is set forth in this Release. 

      By signing below, I further agree to the provisions of the foregoing Sundance Hills  Metropolitan District Facilities and Use Release and Waiver for and on behalf of each of  my minor (under age 18) children identified under my account.

       

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