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.