2. The undersigned Users do hereby execute this Release, Waiver of Liability, Assumption of Risks and Indemnity/Hold Harmless Agreement (the “Agreement”) for himself/herself/theirself and his/her/their heirs and any of their Minors, guests, and invitees and acknowledges the inherent risks involved in the use of the Association’s Swimming Pool, which risks include, but are not limited to bodily injury, sickness, disease, or death from using the Swimming Pool. Users also acknowledge and understand that use of the Swimming Pool by Users, as defined below, is potentially dangerous and that the type of injury or damage described above can occur when using the Swimming Pool. USERS UNDERSTAND AND ACKNOWLEDGE THERE WILL BE NO LIFEGUARD ON DUTY AT ANY TIME AND AGREE TO ASSUME ALL RISKS ASSOCIATED THEREWITH.
3. The allowed use of the Swimming Pool by Users, their Minors, their guests and invitees under this Agreement will begin only on the dates and for the times set forth and attached hereto as “2025 Pool Calendar” and incorporated herein for all purposes.
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4. Users understand and agree that each of his/her/their guests must sign a Guest Release form provided by the Association prior to allowing access to the pool
5. Users agree to abide by all age and use restrictions as outlined in the 2025 Pool Rules and Guidelines.
6. Users agree to securely close the gate upon entering or exiting the Swimming Pool area. Any damages to the Association resulting from a violation of the Paragraph by Users will be the responsibility of the Users for which the Users do hereby agree to indemnify and hold the Released Parties harmless therefrom.
7. Users agree to clean up any trash or other items left by Users in the Swimming Pool or in the vicinity after each use. Any damages to the Swimming Pool, Association personal property in the Swimming Pool area or to any Association property by Users under this Agreement will be the responsibility of the Users. Should the Association have to pay for any clean-up or damages by the Users under this Agreement, same must be reimbursed by the Users to the Association within ten (10) days of being invoiced by the Association. Interest at the rate of 18% per annum will be added to any damages not reimbursed to the Association within ten (10) days of the date of the invoice from the Association.
8. In exchange for being permitted to use the Swimming Pool and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Users, for himself/herself/theirself, release and agree not to make or bring any claim of any kind against the Released Parties for (1) any injury (including death), disease or sickness to Users, Minors or their guests and invitees related to the use or operation of the Swimming Pool; (2) any damage to personal property whether or not caused by the negligence of the Released Parties or not; or (3) any other cause arising out of or related to Users, Minors, or their guests and invitees use of the Swimming Pool.
9. In consideration for being allowed to use the Swimming Pool under this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged:
USERS AGREE TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM LIABILITY OR CLAIMS, DEMANDS, DAMAGES AND COSTS FOR OR ARISING OUT OF: (1) ANY DAMAGE, INJURY, DISEASE, SICKNESS OR DEATH TO USERS OR THEIR MINORS, GUESTS OR INVITEES RELATED TO THE USE OR OPERATION OF THE SWIMMING POOL; OR (2) ANY DAMAGE OR LOSS TO PERSONAL PROPERTY CAUSED BY OR RELATED TO THE USE OR OPERATION OF THE SWIMMING POOL. USERS UNDERSTAND, ACKNOWLEDGE, AND STIPULATE THAT THIS INDEMNITY AGREEMENT INCLUDES ANY SUCH CLAIMS, DEMANDS, DAMAGES AND COSTS ARISING OUT OF NEGLIGENCE ON THE PART OF THE RELEASED PARTIES.
10. Users stipulate and agree that invalidation or any term(s) or provision(s) or this Agreement by judgement or other court order shall not affect any of the other terms or provisions and such other terms and provisions shall remain in full force and effect.
11. Users consent and agree to receive any medical treatment deemed advisable for themselves and/or minors in the event of injury, accident, or illness while on the premises.
12. Users agree that he/she/they will be responsible for any and all legal fees incurred by the Association for any proceeding or action brought under or with relation to this Agreement.