Emory Crossing Association Inc.

This Pool Acknowledgement and Waiver Form (herein the "Agreement") is entered into between Emory Crossing Community Association, Inc., a Texas nonprofit corporation (the "Association") and the owner, or person authorized to engage in this agreement on owner's behalf including owner's tenant, guests, or invitees (collectively referred to herein as "Grantee") of property identified herein whether such owner is a person, corporation, partnership or other legal entity, being granted access to an Association facility and/or purchasing an access device for use in relation to an Association facility. The Association and grantee are sometimes collectively referred to herein as the "Parties."

CONSIDERATION AND RECEIPT: This Agreement is entered into for the consideration of the representations, warranties, covenants, and agreements contained herein, and for other good and valuable consideration, including access to the Pool, which may be conditional by Association rule on the receipt of this signed agreement. payment of assessment. payment for and/or receipt and programming of access devices, the receipt and sufficiency of which is hereby acknowledged

AUTHORITY: The undersigned signatories to this Agreement hereby represent and warrant that they are legally authorized to sign this Agreement and other contracts on behalf of the Parties.

HOLD HARMLESS AND INDEMNIFICATION: GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND SAVE ASSOCIATION, INCLUDING ASSOCIATION'S DIRECTORS, OFFICERS, AGENTS, MANAGING AGENT, EMPLOYEES, VOLUNTEERS (COLLECTIVELY REFERRED TO HEREIN AS THE "INDEMNITIES"), FROM AND AGAINST ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER INCLUDING BUT NOT LIMITED TO LOSSES, COSTS, EXPENSES, ATTORNEYS FEES AND DAMAGES OF EVERY KIND AND CHARACTER WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, OR THE NEGLIGENCE OF ANY PARTY OR PARTIES, INCLUDING THE NEGLIGENCE OF INDEMNITIES, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT ARISING OUT OF OR IN CONNECTION WITH GRANTEE'S ACCESS TO OR USE OF FACILITIES, INCLUDING BUT NOT LIMITED TO, DEATH, DROWNING, INJURY TO ANY PERSON OR GRANTEE, OR ANY OTHER CAUSES OF ACTION.

IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, THAT THE INDEMNITY PROVIDED IN THIS SECTION IS AN INDEMNITY BY GRANTEE TO INDEMNIFY AND PROTECT THE INDEMNITEES FROM THE CONSEQUENCES OF GRANTEE'S OR THE INDEMNITIES OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE, OR A JOINT OR CONCURRING CAUSE OF THE INJURY OR DAMAGES, GRANTEE'S OBLIGATION IT INDEMNIFY, HOLD HARMLESS AND DEFEND THE INDEMNITEES SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

ASSUMPTION OF RISK AND WAIVER OF NOTICE: Grantee acknowledges, on behalf of Grantee, that this is a swim- at-your-own-risk facility at all times whether or not a lifeguard may be on duty and assumes all risk associated with useof swimming facility with knowledge that risks include possible injury or death due to drowning. slip and fall or other peril. including illness from COVID-19 or other contagion. Please see the Association's Pool rules for additional information Grantee hereby acknowledges Grantee has received. has read and fully understands the Pool rules, guidelines and other restrictions and hereby accepts them and agrees to abide by them. Grantee hereby acknowledges that failure to abide by the Pool rules and guidelines may result in suspension of Pool privileges.

Grantee hereby accepts all responsibility for any family members. guest. or invitees using the Pool. Grantee understands and agrees that Pool proximity fob(s) will be deactivated if Association dues or other fees are not in good standing. Grantee hereby acknowledges that the Pool proximity fob(s) are under no warranty.

SEVERABILITY: If any provision of this Agreement is held to be partially or completely contrary to law, and/or unenforceable, this Agreement shall be deemed to be amended to partially or completely modify such provision, or portion thereof, to the extent necessary to make it enforceable; or, if necessary, the Agreement shall be deemed to be amended to delete the unenforceable provision or portion thereof. In the event any provision is deleted. the remaining provisions shall remain in full force and effect. All obligations under this Agreement shall survive the expiration or termination of the Agreement to the extent required for their full observance and performance.

I/We hereby accept full responsibility for the secured entry to the Emory Crossing Community Association, Inc. Pool. By acceptance of this key, I/We hereby release, indemnify and hold harmless Emory Crossing Community Association, Inc., a Texas Corporation, and each of said entities' members, officers, directors, employees, agents, attorneys, and affiliates from any and all liabilities, losses, costs, expenses (including attorney's fees, court costs, and/or expenses of litigation), claims, damages, causes or action and suits of whatsoever kind of nature, however connected with my family or any of my family's guests, using the Pool, (all of the foregoing together sometimes referred to as "claims"); including, but not limited to, claims however connected with or relating to falling, slipping, diving, or drowning.

I/We hereby acknowledge we have read and fully understand the Pool rules and hereby accept them and agree to abide by each such rule and that a violation of the pool rules can result in the suspension of amenity use. 

I/We hereby acknowledge there may be no lifeguard on duty during designated hours and that at all times this is a swim-at-your-own-risk facility. An adult must accompany children under 16.

I/We hereby accept all responsibility for any family member(s) or guest(s) using the Pool. I understand that my guests must be accompanied by a Homeowner at all times. I understand Homeowners are limited to four (4) guests per home.

AMENITY CENTER RELEASE AND INDEMNIFICATION ACKNOWLEDGEMENT AND AGREEMENT

(named below), Grantee of property at

(Emory Crossing address listed below), have read and agree to the terms,

conditions, covenants and warranties outlined above.

Notice:

I/We have been advised that photographs and video will be taken at the Community Events for the Emory Crossing Community Associations for use on the Emory Crossing website and the newsletter, marketing materials, and other publications. By enterning the events, you consent to Emory Crossing using your imagery in the manners mentioned above.

 

If there are any photos posted from Community Events that you would like removed, please reach out to the Emory Crossing Community Management Team so they can assist you with this request. 

If you are renting a property within Emory Crossing, please upload a copy of your Lease or another document that can verify your occupancy of the property below.