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. Continuing Agreement; Duration; Revocation.
This Agreement is a continuing release, waiver, assumption of risk, indemnity, and hold harmless agreement. It applies to Users’ use of the Swimming Pool beginning on the date signed below and continuing through the current pool season and each future pool season, unless and until revoked in writing.
A User may revoke this Agreement only by delivering written notice of revocation to the Association. Any such revocation shall be effective only prospectively as of the date the Association receives the written revocation, or a later effective date stated in the written revocation. Revocation shall not affect, limit, or invalidate any release, waiver, assumption of risk, indemnity, hold harmless obligation, or other obligation arising from or related to any use of the Swimming Pool before the effective date of revocation.
After revocation, the revoking User, that User’s Minors, guests, and invitees shall not be permitted to use the Swimming Pool unless and until a new agreement acceptable to the Association has been signed.
The Association may update pool schedules, access dates, hours of operation, rules, procedures, and use restrictions from time to time. Users agree that this Agreement applies to all permitted use of the Swimming Pool during the Effective Period, subject to the then-current pool calendar, posted rules, and Association policies.
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. Pool Rules and Guidelines.
Users agree to abide by all age restrictions, use restrictions, posted rules, safety requirements, and guidelines adopted or amended by the Association from time to time, including the then-current Pool Rules and Guidelines. Users acknowledge that the Pool Rules and Guidelines may be updated periodically and agree that continued use of the Swimming Pool constitutes acceptance of the then-current rules.
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 during the Effective Period, including the current pool season and any future pool season, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Users, for themselves, their heirs, Minors, guests, and invitees, 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 during the Effective Period, including the current pool season and any future pool season, 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.
13. Continuing Effect; No Annual Re-Signature Required.
Users acknowledge and agree that this Agreement is intended to remain binding and enforceable without requiring Users to sign a new waiver each year. Unless revoked in writing in accordance with this Agreement, this Agreement shall continue to apply to all future use of the Swimming Pool by Users, Minors, guests, and invitees to the fullest extent permitted by law.