Camp SJV 2024 - Safety Waiver for Use of WOC Pool Day (Ages 7-12)

Please note that you are about to read and sign documents that may affect your legal rights. Please read carefully and ensure all personal information contained in the document(s) is accurate.

WHEREAS, WESTCHESTER OWNERS COMMITTEE, INC. (the “ASSOCIATION”), a Texas nonprofit corporation, is the owner of FACILITIES located in Harris County, Texas, including the ASSOCIATION swimming pool and tennis courts (the “FACILITIES”); and

WHEREAS, the undersigned, whether one or more (the “APPLICANT”), is a member of ASSOCIATION, and desires to utilize the FACILITIES; and

WHEREAS, ASSOCIATION is not obligated to allow use of the FACILITIES during the ongoing COVID-19 Pandemic, and has the sole authority and discretion, subject only to government orders and specific applicable law, to determine when, and under what conditions, FACILITIES may be utilized by members; and

WHEREAS, as a part of the consideration for allowing APPLICANT to use the FACILITIES, ASSOCIATION requires that APPLICANT release, indemnify, defend, and hold harmless ASSOCIATION from any and all liability in connection with such use, including but not limited to, liabilities related to COVID-19 and any other bacteria or virus-related events; and

WHEREAS, without the agreement of APPLICANT as set forth herein, ASSOCIATION would not otherwise permit APPLICANT to use the FACILITIES, at any time, including, but not limited to the time of the ongoing COVID-19 pandemic;

NOW THEREFORE, pursuant to the foregoing, the APPLICANT and ASSOCIATION, hereby agree as follows:

AGREEMENT

In consideration of ASSOCIATION permitting APPLICANT to utilize the FACILITIES, I/ We the undersigned APPLICANT(s), on behalf of ourselves, as well as our children, dependents, family, guests, invitee’s, licensee’s, heirs, assigns, trustees, agents and estates, and all other persons for whom I/we can legally grant a release, (the “RELEASING PARTIES”), do hereby accept sole responsibility for any and all damages caused to the person or property of the RELEASING PARTIES, including bodily injury and death, that arise out of, in any way, directly or indirectly, from the use of the FACILITIES; and I/we hereby agree to:

A) RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS, the ASSOCIATION, its agents, its managing agent and their respective agents, directors, officers, members, attorneys, employees and contractors (the “RELEASED PARTIES”), from and against any and all claims, actions, suits, damages, judgments, demands, losses, costs, expenses and disbursements, including court costs and attorneys’ fees, resulting from any injuries (including but not limited to wrongful death, personal injury, and injury to property) to the RELEASING PARTIES, arising out of, related to, or caused in connection with, in whole or in part, from the use of and/or the right of access to, the FACILITIES by the APPLICANT and/or RELEASING PARTIES; AND*

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B) RELEASE, INDEMNIFY AND HOLD HARMLESS, WESTCHESTER OWNERS COMMITTEE, ITS MANAGING AGENT AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, MEMBERS, ATTORNEYS, EMPLOYEES AND CONTRACTORS, ON BEHALF OF THE RELEASING PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DAMAGES, JUDGMENTS, DEMANDS, LOSSES, COSTS, EXPENSES AND DISBURSEMENTS, INCLUDING COURT COSTS AND ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF, AND/OR RELATED TO, IN WHOLE OR IN PART, FROM THE NEGLIGENCE OF ASSOCIATION, ITS MANAGING AGENT, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, MEMBERS, ATTORNEYS, EMPLOYEES AND CONTRACTORS AS IT RELATES TO THE USE OF AND/OR RIGHT OF ACCESS TO, THE FACILITIES BY THE APPLICANT AND/OR RELEASING PARTIES.*

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THIS INDEMNITY AND RELEASE PROVISION IS INTENDED TO INDEMNIFY AND RELEASE THE ASSOCIATION AGAINST THE CONSEQUENCES OF ITS OWN NEGLIGENCE OR FAULT AS PROVIDED ABOVE, EVEN WHEN THE ASSOCIATION IS SOLELY, JOINTLY, COMPARATIVELY OR CONCURRENTLY NEGLIGENT OR OTHERWISE STRICTLY LIABLE. BY SIGNING THIS AGREEMENT, I UNDERSTAND, ACCEPT, AND AGREE THAT THE INTENT OF THIS INDEMNIFICATION CLAUSE IS THAT I SHALL INDEMNIFY THE ASSOCIATION (INCLUDING BUT NOT LIMITED TO ITS MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS) FOR ANY AND ALL MONIES, COSTS, DAMAGES, LOSSES, AND/OR EXPENSES THE ASSOCIATION INCURS, INCLUDING (BUT NOT LIMITED TO) ATTORNEYS FEES, COSTS, SETTLEMENTS, AND/OR JUDGMENTS, RELATED TO, RESULTING FROM, AND/OR DUE TO, ANY INJURY TO MYSELF, MY GUESTS, MY FAMILY MEMBERS, AND/OR ANY PERSON (INCLUDING BUT NOT LIMITED TO INJURIES TO REAL PROPERTY AND/OR WRONGFUL DEATH) THAT RESULTED FROM, WERE IN CONNECTION WITH, AND/OR WERE RELATED TO, IN ANY WAY, MY USE OF, AND/OR MY RIGHT OF ACCESS TO, THE FACILITIES, EVEN IF THE ASSOCIATION’S OWN NEGLIGENCE CAUSED THE INJURY AT ISSUE.*

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I understand that signing this Agreement prevents me and anyone I give pool or tennis court access to, from filing a lawsuit against the Association and anyone associated with those entities if anything happens to myself or anyone else while utilizing the pool or tennis courts.

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I have read the Facility rules, agree to comply with the rules, and ensure that everyone I am signing on behalf of, does the same. Rules available at: https://www.westchesterhouston.org/pool-and-tennis *

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The below listed individuals are under eighteen (18) years of age; I/We, as their parent(s) or guardian(s), hereby take full responsibility for them to the fullest extent provided by this entire Agreement:*

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Your Information.

Name*

First NameLast Name

Email

example@example.com

Phone Number*

Please enter a valid phone number. We will only use this number to contact you if there is an issue with your registration or liability waviers.

Neighborhood Residency

Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Camper's Names*

Signature

By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable.

Date Signed

Date

WESTCHESTER OWNERS COMMITTEE, INC. RELEASE & INDEMNITY AGREEMENT

I certify the above information is accurate.