Conditions of Membership

1. I understand that, if approved, my membership at The Creek at Mungo Park Tennis & Swim Club becomes active upon payment of monthly dues or prorated dues (if membership start date is not the 1st of any given month).
2. I promise to pay dues prorated for the month of acceptance of this application and to continue monthly for the period selected on application, and
   thereafter. I understand that if I decide to resign from The Creek at Mungo Park Tennis & Swim Club during this period I am responsible for the
   remainder of the monthly dues for the remainder of the selected time commitment.
3. I understand that The Creek at Mungo Park Tennis & Swim Club statement is payable in full on the 10th of each month and that I am responsible for all
   charges billed to my account by any member on my application. I understand that if my bill is not paid in full by the 15th of each month, a $10 late fee will be charged to my account. I also understand that membership dues set by The Creek at Mungo Park Tennis & Swim Club are subject to change.
4. I understand that if my membership billing account is referred to a collection agency that I am responsible for any recovery fees charged by the
   collection agency.
5. I understand that no part of my membership payment will be refunded for any reason.
6. I understand and promise to abide by the rules and regulations as developed by The Creek at Mungo Park Tennis & Swim Club.
7. I understand that I am responsible for all guests (including guest fees) that I bring to The Creek at Mungo Park Tennis & Swim Club.
8. I understand a Pool Family Membership includes individuals residing under the same roof and not extended family.
9. I understand that at any time I wish to terminate my membership, I must do so in writing, giving 30 days’ notice, and that I must continue paying
   monthly dues until I have notified The Creek at Mungo Park Tennis & Swim Club in writing of my intentions to terminate.
10. The membership application is deemed to be a contract between you and The Creek at Mungo Park Tennis & Swim Club. By executing this contract
    you agree to be bound by the membership rates that apply, and any charges that may be incurred by you, your family or your guests. Additionally, by
    executing this contract you agree that you are entering and using the facility at your own risk and that you are responsible to explain that to all
    members of your family and guests.
11. I understand that The Creek at Mungo Park may, at its sole discretion, deny membership to any applicant whose criminal history or background is deemed inconsistent with the values, safety, and integrity of the Club. Submission of an application does not guarantee membership approval.

WAIVER AND RELEASE OF LIABILITY FOR USE OF THE CREEK AT MUNGO PARK TENNIS & SWIM CLUB

DISCLAIMER: THE CREEK AT MUNGO PARK TENNIS & SWIM CLUB (“CLUB”) IS NOT RESPONSIBLE FOR ANY INJURY OR LOSS OF PROPERTY TO ANY PERSON SUFFERED WHILE BEING ON THE PREMISES OR USING THE FACILITIES, SERVICES, AND/OR EQUIPMENT IN ANY WAY AND FOR ANY REASON WHATSOEVER, INCLUDING ORDINARY NEGLIGENCE ON THE PART OF THE CLUB, ITS AGENTS OR EMPLOYEES.

In consideration of the opportunity to participate and/or my participation, I hereby release and covenant not-to-sue the Club, its owners and/or affiliated companies, its employees, instructors, agents, and all others who are involved with the Club, from any and all present and future claims resulting from ordinary negligence on the part of the Club or others listed for property damage, personal injury, or wrongful death, resulting from or arising out of my use or intended use of the facilities, services, and/or equipment of the Club, or my engaging in any sport or non-sport activity incidental thereto, wherever, whenever, or however, the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, and whether known, anticipated or anticipated, that may be made by me, my family, estate, executors, administrators, heirs, or assigns.

I am aware that using the facilities, services, and/or equipment of the Club involves the risk that accidents, minor or severe, may occur. I understand that certain dangers may arise resulting from or arising out of my use or intended use of the Club’s facilities, services, and/or equipment, including but not limited to death, heart attacks, serious neck and spinal injuries resulting in paralysis, and injury to virtually all bones, joints, muscles, and internal organs and that participation in the Club involves activities incidental thereto, including, but not limited to, travel to and from the site of the activity, participation at sites that may be remote from vailable medical assistance, and the possible reckless conduct of other participants. I am voluntarily participating in the activities with knowledge of the potential dangers and hereby agree to accept and assume any and all inherent risks of property damage, personal injury, or death.

I further agree to indemnify and hold harmless the Club and others listed for any and all claims arising as a result of my engaging in or receiving instruction in any of the Club’s activities or any activities incidental thereto, wherever, whenever, or however the same may occur.

I represent that I am in good physical condition and that I will only engage in activities in which I am physically fit to participate.

I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of South Carolina and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in Lexington County, South Carolina.

I affirm that I am of legal age and am freely signing this Agreement. I have read this form and fully understand that by signing this form, I am giving up legal rights and/or remedies which may be available to me for the ordinary negligence of the Club or any of the parties listed above.