Winding Creek Onboarding Questionnaire and Agreement

INTRODUCTION
The Association is a family-oriented community serving residents of all ages, and the Winding Creek Clubhouse is intended primarily for residents' enjoyment and benefit. Residents may invite guests; however, guests' use must not interfere with residents' convenience, safety, or rights.

While the Association strives to provide a comfortable and enjoyable environment for all Facility Users, the Winding Creek Clubhouse is a private amenity and is not intended for public use. As such, the Clubhouse may not offer the same features, services, or accessibility standards typically associated with public accommodations.
These Guidelines will be reviewed at least every two (2) years and may be amended by the Board of Directors at its sole discretion. Any revisions or updates will be communicated to the community in accordance with the Association’s standard notice procedures.

The Winding Creek Clubhouse Guidelines (“Guidelines”) are established by the Board of Directors (“Board”) of the Winding Creek Property Owners’ Association, Inc. (“Association”) pursuant to the authority granted in the Association’s governing documents.

These Guidelines are intended to protect the recreational facilities of the Association while promoting the safety, convenience, and enjoyment of the greatest number of residents and their guests (collectively, “Facility Users”). The Guidelines apply equally to all Facility Users and will be enforced in a fair and consistent manner.
While all Facility Users are welcome to enjoy the Winding Creek Clubhouse and related amenities, such use must be conducted with respect to the rights of others, courtesy toward fellow users, and the exercise of reasonable care and common sense when utilizing recreational equipment and facilities within and surrounding the Clubhouse.

It is the policy of the Association to provide equal and nondiscriminatory access to the Winding Creek Clubhouse and all related services. The Association does not discriminate in the use of the Clubhouse, the provision of services associated with Clubhouse use, or the enforcement of these Guidelines based on race, color, creed, ancestry, religion, sex, sexual orientation, familial status, marital status, national origin, handicap, or disability.

The Association will make reasonable accommodations for individuals with disabilities when necessary to afford equal opportunity to use and enjoy the Clubhouse and its amenities, in accordance with applicable fair housing laws. Requests for accommodation should be submitted to the Association or its management agent for review and consideration.

 

USE OF FACILITIES AND ASSUMPTION OF RISK
All use of Association facilities and participation in Association programs is purely voluntary. The recreational nature of all Association activities and programs may involve some personal or physical risk on the part of the Facility User. Participation in any program or activity constitutes acknowledgement and acceptance of the inherent risks. All Facility Users must sign an Informed Consent, Release and Waiver Agreement and Facility User’s Agreement prior to Winding Creek Clubhouse use. Additional forms appropriate for trips, activities, sports, clubs, and tours may be required prior to participation in the respective activities.

The Association strives to maintain the Winding Creek Clubhouse and its amenities in good condition. However, normal wear and tear, as well as seasonal or weather-related factors, may occasionally result in areas that are temporarily not in optimal condition.If such a condition is observed, Facility Users should immediately notify a Winding Creek Clubhouse staff member so the issue can be addressed. If no report is made, the Association may assume the facility is free of any obstruction or hazard.

Any injuries, accidents, or other serious incidents must be reported immediately to a Winding Creek Clubhouse staff member so that an incident report can be completed and appropriate action taken. The Association is not liable for bodily injury, personal injury, or inconvenience sustained during the use of the Winding Creek Clubhouse or any programs presented therein. Further, the Association is not responsible for the loss or theft of any personal belongings of any Facility User, volunteer, vendor, staff member, or visitor to the Winding Creek Clubhouse or any Association facility.

These Guidelines have been developed to ensure that Facility Users are provided with a safe and enjoyable experience while using the Winding Creek Clubhouse. Prior to participating in any Association activity or program, Facility Users are encouraged to familiarize themselves with the Winding Creek Clubhouse and these Guidelines.

AUTHORITY
The Board’s authority to adopt these Guidelines is provided by the Bylaws and the Master Covenant (the “Covenant”). These Guidelines are binding upon all Facility Users. In addition, the Covenant provides the Board with means to ensure compliance with these Guidelines and provides the Association with the following rights for violations or abuse of these Guidelines:

The right of the Association to suspend the voting rights of any Member.
The right of the Association to levy reasonable monetary fines.
The right to suspend a Facility User’s right to use any or all Association amenities.

MEMBERSHIP
Pursuant to the Covenant, each Owner of a Lot is a Member of the Association. If a Lot is owned by more than one (1) person, all co-Owners are Members of the Association. A Member may invite guests to the Winding Creek Clubhouse in accordance with the provisions of these Guidelines. A Member who leases their home surrenders their rights to use the Winding Creek Clubhouse to the tenant of the residence during the term of the lease.

ELECTRONIC ACCESS GUIDELINES
Bluetooth-enabled mobile application access credentials are issued to residents to provide controlled entry to the Amenity Center and its facilities. These Guidelines are intended to promote security, enhance resident safety, and ensure the proper use and enjoyment of Association amenities.

Owner Mobile Access Credentials — Any person classified as an “Owner” or “Occupant,” as defi ned in the Declaration, is eligible to receive Bluetooth mobile application access credentials, except as otherwise provided in these Guidelines.
Bluetooth mobile access credentials are issued only to Members in good standing with the Association and will be assigned to a specific property address and recorded within the Association’s records. The number of mobile access credentials issued per household shall be determined by the Association and may be limited or modified at the Association’s discretion.

Mobile access credentials are non-transferable and may only be used by the individual to whom access was issued. Sharing login credentials, permitting unauthorized use, or attempting to grant access to non-authorized individuals is prohibited.

Suspension of Mobile Access — Bluetooth mobile access credentials may be suspended, restricted, or revoked in accordance with the Declaration and these Guidelines for actions taken by Owners, Occupants, or members of their respective households, including but not limited to the following:

Providing false, misleading, or incomplete information to obtain mobile access credentials or a key fob device.
Unauthorized use, sharing, or misuse of mobile access credentials or key fob devices.
Violation of the Association’s governing documents, including the Amenity Center Guidelines.
Non-payment of assessments, fees, or other charges resulting in the account no longer being in good standing.

Optional Key Fob Access Devices — While Bluetooth mobile application access serves as the primary method of entry to the Amenity Center, physical key fob access devices may be made available upon request. Key fobs may be purchased for a fee of $35.00 per device, with a maximum of two (2) key fobs permitted per household.

All key fob devices remain the property of the Association and are subject to the same usage restrictions, suspension provisions, and replacement requirements outlined in these Guidelines. The Association reserves the right to modify availability, fees, and issuance limits at its discretion.

Guests must always be accompanied by a Resident with an active amenity access credential while using Winding Creek amenities. Amenity access credentials include physical key fobs and mobile Bluetooth access credentials. The Resident is responsible for the conduct, safety, and supervision of their guests and shall ensure all guests comply with the Facility User Guidelines and amenity rules. The Association reserves the right to limit the number of guests permitted per Resident and to suspend guest privileges in the event of misuse, overcrowding, safety concerns, or rule violations.
A fee in the amount of $35.00 shall be charged for all replacement or damaged access key fobs.

GENERAL RULES AND ETIQUETTE
Physical abuse of other Facility Users, Winding Creek Clubhouse staff members, vendors, or volunteers is prohibited. Immediate suspension of privileges may ensue and continue until a hearing can be conducted by the Board.

Facility Users shall show common courtesy and refrain from harassment of any Facility User, Association staff, volunteer, or vendor, or otherwise interfere with the management of the Association. Guests must always be accompanied by a Resident while enjoying any of the Winding Creek amenities. Residents are responsible for their conduct and the conduct of their guests, and the Owner’s Lot is subject to any disciplinary and/or financial consequences resulting from individual or guest actions.

Residents are prohibited from profiting financially from their membership by charging guests for use of the Winding Creek Clubhouse. Facility Users will not engage in unsafe activities or actions that compromise the safety of themselves or others.

Facility Users must obey all safety rules and shall stop unsafe activity as instructed by Association staff members, appointed volunteers, or vendor partners (i.e., lifeguards). Proper dress is always required in the Winding Creek Clubhouse, and specific attire may be designated by the Board for specific events, areas, and locations. Unless otherwise specified, appropriate casual wear is required in all areas in and around the Winding Creek Clubhouse. Shoes must always be worn except around and in the pool. Shirts must be worn in all areas except when using the aquatic facilities. Appropriate athletic apparel is required in all indoor and outdoor fitness/sports areas and should include proper footwear. Offensive graphics, language, and slogans are not permitted on clothing.
The Winding Creek Clubhouse and all Association amenities are tobacco- and marijuana-free environments.

Pets are prohibited from entering any Winding Creek amenities, including the community room, sports courts, splash pad, and pool area. The only exception is for service animals assisting a person with a disability, or when pets are specifically authorized by Association staff as part of an approved community event. Pets may not be left unattended outside of any Winding Creek amenity at any time.
The Association is not responsible for lost or stolen items.

Staff reserves the right to take reasonable actions deemed necessary for the safety of Facility Users or the protection of equipment.

Facility Users who violate these Guidelines may be asked to vacate the Winding Creek Clubhouse and may be reported to the Board for disciplinary action, as appropriate.

Any Facility Users who conduct themselves in an unbecoming manner or who knowingly violate these Guidelines are subject to disciplinary action by the Board, including suspension of membership privileges and imposition of fines, subject to the terms of the Covenant. Association staff may immediately remove Facility Users who do not abide by these Guidelines and report them to the Board for disciplinary action, as appropriate.

Owners may be requested to appear before the Board to discuss an infraction of these Guidelines by the Residents, their guests, or occupants of their leased residence. Residents also have the right to appear before the Board if disciplinary action is being considered. Such rights are dictated by the Covenant.

 

WINDING CREEK AMENITY OPERATIONS
The Winding Creek Clubhouse is a private, multi-purpose facility for residents and their guests. It is comprised of the Association offices, fitness center, outdoor swimming pools, splash pad, multipurpose room, community room, sports court, outdoor dog park, and outdoor picnic areas.

Association Offices — The Association offices are located in the Winding Creek Clubhouse and house staff members responsible for Association governance, facility maintenance, room scheduling, activity coordination, club/group administration, event planning, and all other Association business.

Regular Hours of Operation — The Board will set hours of operation for the Winding Creek Clubhouse. Special events may occur outside of normal hours of operation upon approval by the Community Manager. Current operating hours for the Winding Creek Clubhouse are listed below. These hours may be changed without notice and are subject to holiday or maintenance closures. Any changes in facility hours will be emailed to all Winding Creek homeowners.

Hours of Operation

HOA Office
Monday–Friday, 8:00 A.M. – 5:00 P.M.
Saturday–Sunday, Closed

Fitness Center
5:00 A.M. – 10:00 P.M. Daily

Pool
8:00 A.M. – 9:00 P.M. Daily (Closed Monday for Cleaning)

 

Sports Courts

7:00 A.M. - 10: 00 P.M. Daily

 

HOA Office Holiday Closings: Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Day after Thanksgiving; Christmas Eve Holiday; Christmas Holiday; New Year’s Eve Holiday; and New Year’s Holiday. If a holiday falls on a weekend, another weekday may be selected for observance, and residents will be notified in advance. Guests must always be accompanied by a Resident.

Complaints regarding staff members or contracted labor should be directed in writing to the Community Manager. The Community Manager will make reasonable efforts to resolve the conflict promptly. Due to employee confidentiality rights, it may not be possible to provide information to a complainant regarding the status of a complaint when it involves a personnel action. Under no circumstances will Facility Users interfere with, attempt to discipline, or otherwise direct employees during Association business. Facility Users shall not request special personal services from employees of the Winding Creek Clubhouse or the Association.

Soliciting is prohibited unless the Board of Directors gives its prior written consent. Solicitation pertaining to Association or Declarant business is permitted on a limited basis. Notices, advertisements, or posters of any kind may not be placed or distributed in or around the Winding Creek Clubhouse without the prior written consent of the Board. Association Community Partners who have purchased an advertising package will be given advertising space in the Winding Creek Newsletter based upon the package purchased. The Lifestyle Director and Community Manager will oversee all Community Partners. Advertising by the Association or Declarant is permitted on a limited basis.

Cell phones should be silenced when attending meetings, performances, or events. When using the Winding Creek Clubhouse, including the pool and court areas, cell phone users should respect others by leaving the area to take a call and by moderating their voice to avoid disturbing others. The use of a radio-style phone in walkie-talkie mode is prohibited, except by vendors or staff while conducting business.

To accommodate the large number of residents utilizing Association amenities, advance scheduling and coordination of activities may be required. Use of Association facilities shall be on a first-come basis; however, approved reservations, where permitted, shall take priority. Facility schedules are established and maintained by Association staff and are governed by the Facility Scheduling Policies, Procedures, and Rules. All reservation requests must be submitted to and approved by Association staff in accordance with established procedures.

Programming Fees — In addition to common assessments which support the general management and administration of the Community Association, user fees and charges may be assessed to support the cost of additional lifestyle and fitness programs and services such as classes, trips, and special events. Space or tickets cannot be reserved without payment. The Association adheres to a no-refund policy for reservations for activity programs except in instances where a program is cancelled by the Association. Residents who are unable to attend an event or program are encouraged to coordinate with Association staff to find another resident to purchase the ticket. Under no circumstances may the amount charged exceed the stated price of the event or ticket. For extreme circumstances, a refund request may be presented to the Community Manager for consideration. Payments for events may be made in full at the front desk of the Winding Creek Clubhouse.

Event and Program Registration — Residents may register for Association activities, events, and classes upon verification of an active amenity access credential, including physical key fobs or mobile Bluetooth access credentials. Registration for monthly events and programs shall open once the event schedule has been released to Winding Creek residents. The Association reserves the right to establish registration deadlines, participation limits, guest restrictions, and eligibility requirements for specific programs or events.

PARKING POLICY
The parking lot is available to residents and their guests during Winding Creek Clubhouse hours of operation. Overnight parking is not permitted.
Parking is available on a first-come, first-served basis.

Parking is at the sole risk of the vehicle owner or operator. The Association, its Board, management, agents, and insurance providers are not responsible for theft, damage, or loss of vehicles or personal property. Drivers must maintain safe and appropriate speeds while operating vehicles in parking areas.

Residents and guests must observe all posted signage, including but not limited to stop signs, one-way signs, speed limits, and entrance/exit markings.
Accessible parking spaces are reserved for vehicles displaying the appropriate license plate or government-issued placard.

Parking is prohibited in posted “No Parking” areas, traffic lanes, areas in front of trash doors, bins, gates, or building entrances/exits, reserved or assigned parking spaces, and fire lanes or emergency access areas. Trailers, campers, dune buggies, boats, or other recreational vehicles may not be parked anywhere on Winding Creek Clubhouse property.

Vehicle maintenance or repair work of any kind is prohibited in the Winding Creek Clubhouse parking areas. Washing, waxing, detailing, or servicing vehicles is prohibited in the parking areas or anywhere else on Clubhouse property.
Use of the parking lot for driver training, driving practice, or vehicle control/safety training is prohibited. 

FITNESS CENTER
The Fitness Center is a private amenity reserved exclusively for Winding Creek Residents and authorized users in accordance with the Facility User Guidelines.
Hours: 5:00 A.M. to 10:00 P.M. Daily. Access to the Fitness Center shall end daily at 10:00 p.m. All residents and authorized users must exit the Fitness Center by this time.

Facility Users are encouraged to consult with a physician prior to beginning any exercise or fitness program. Use of the Fitness Center and its equipment is at each Facility User’s own risk. Access to the Fitness Center or specific equipment may be restricted based on safety considerations, including manufacturer recommendations.

Fitness Center access may be suspended or revoked due to equipment misuse, misconduct, or violation of these rules. Appropriate athletic shoes must always be worn. Sandals, Crocs™-style footwear, and other open-toe shoes are prohibited.
Facility Users must wipe down equipment after each use using the sanitation supplies provided. Workout towels are not provided by the Association.
Personal electronic devices must be used with headphones. Audio must be kept at a level that does not disturb other users.

Slamming, dropping, or mishandling of weights and equipment is prohibited.
All weights must be re-racked after use. Moveable equipment must be returned to its designated location upon completion of use.

Facility Users must comply with manufacturer guidelines, including applicable age, height, and weight limitations. Guests are not permitted to use the Fitness Center.
Fitness Center doors shall not be propped open or held open under any circumstances.

Entry requires an active amenity access credential, including physical key fobs or mobile Bluetooth access credentials. Credential sharing and tailgating are prohibited.

Pets are not permitted unless reasonable accommodation has been granted in accordance with applicable law.

The Fitness Center is not available for private reservations or rentals, except for Association-sanctioned programs or events.

I further acknowledge and understand that Winding Creek’s Amended Community Pool Rules (the “Rules”), require that children under fifteen (15) years of age must be accompanied by a resident twenty‐one (21) years of age or older while in the pool area. The Rules further provide that “Any Resident may seek a waiver of the age restriction in accordance with these Rules in connection with any child under the age of fifteen (15) who possesses proven ability or experience in swimming or fitness-related activities.”

I hereby acknowledge and represent that I am executing this Liability Release and Waiver Agreement for the purposes of obtaining a waiver from the requirement in the Rules that children under fifteen (15) years of age be accompanied by a resident twenty‐one (21) years of age or older while in the Pool Area. In connection with my execution of this Liability Release and Waiver Agreement, I hereby further acknowledge and represent that the minor(s) identified below, being under fifteen (15) years of age, possess proven ability and experience in
swimming or fitness-related activities.

 

SWIMMING POOL
The Winding Creek pool is considered a “swim at your own risk” facility at all times, regardless of whether a lifeguard is present.

A maximum of five (5) guests per household per day is permitted.
Facility Users must not compromise the pool's cleanliness or subject other users to unhealthy conditions. Facility Users are required to take a cleansing shower before entering the pool. Showering after using the pool is also recommended.
Facility Users must always wear appropriate swimwear. Street clothing such as undergarments, basketball shorts, jean shorts, or cargo shorts is not permitted. White T-shirts or tank tops may be worn over an appropriate swimsuit. Association staff, in conjunction with lifeguard staff, if contracted, will make the final determination regarding acceptable swimwear in the pool area. Nudity is strictly prohibited.

All incontinent individuals must wear approved swim diapers. Rubber or plastic pants over the swim diaper are recommended. Regular diapers are not permitted in the pool.

Swimmers with a cold, communicable disease, open sores, ear discharge, or nasal discharge are not permitted in the pool. Association staff, in conjunction with lifeguard staff, if contracted, will make the final determination regarding whether a swimmer may enter the Association pools.

Horseplay, running, or diving into the pool is prohibited. Race diving is permitted only during sanctioned swim team practices and meets. Personal sound-producing equipment that disturbs others is prohibited. Facility Users may use personal devices only with headphones. Water exercise classes may use sound equipment as necessary to conduct programs.

The pool deck perimeter is reserved for walking, safety, and emergency purposes. No obstructions of any kind are permitted in this area.

Food and beverages are permitted on the pool deck perimeter but are not allowed in the pool. Ceramic, china, glass, or other breakable containers are prohibited. Trash containers are available, and Facility Users must clean up after themselves. Pool monitors, lifeguard staff, and Association staff may inspect ice chests at any time.

 

 

Inflatables may be permitted at the discretion of the Association in conjunction with lifeguard staff, if contracted. If an inflatable obstructs the lifeguard’s view of swimmers, the resident may be required to remove it from the pool.
Only United States Coast Guard-approved personal flotation devices are permitted. “Water wings” and other non-approved flotation devices are prohibited.
Minors under the age of fifteen(15) must be accompanied by an adult while in the pool area. The Board may, upon request from a parent or legal guardian, consider permitting resident children under the age of fifteen (15) to use the pool without adult supervision on a case-by-case basis.

Hanging, swinging, or pulling on aquatic equipment or features is prohibited. Lane ropes and stair rails are installed to assist pool users. Standing, hanging, or sitting on these items is prohibited. Lap lanes are designated for lap swimming and water walking only. During classes, special programs, or scheduled pool maintenance, lap lanes may be removed as necessary.

During periods of heavy use, Facility Users may be asked to share lanes, circle swim, or limit swimming time to accommodate other users. During thunderstorms, lightning, or other inclement weather, Association staff and, if contracted, lifeguard staff will clear the pool area. Lightning activity will be monitored using an approved weather application measuring the distance of lightning strikes within the previous thirty (30) minutes. If lightning is detected within a ten (10) mile radius, the pool area will be cleared.

Facility Users must exit the pool and follow all safety instructions provided by Association staff or lifeguard staff. Association staff and lifeguard staff, if contracted, will determine when the pool may safely reopen. Any Facility User who fails to comply with instructions from Association staff or lifeguard staff, or who violates pool safety rules, may be asked to leave the pool area. Repeat violations may result in suspension of amenity privileges pending a Board hearing.

Pool chemicals are used to maintain a sanitary and safe water environment. Water conditions are tested and documented regularly. If unsafe conditions occur, Association staff, in conjunction with lifeguard staff, if contracted, may close the pool at any time to protect the health and safety of Facility Users.
Pool chemicals may cause damage or discoloration to swimwear. The Association is not responsible for any damage to personal items, including swimwear, resulting from normal pool chemical use.

Patio furniture within the pool area may not be removed. Residents may bring additional portable lounge chairs to the pool area, provided they do not create a safety concern for other residents or guests, as determined by Association staff.
Facility Users must immediately report any fecal or vomiting incidents to a lifeguard or Association staff member.

Climbing on the pool area fence is prohibited. Individuals found trespassing may be subject to deactivation of amenity access credentials, fines, and possible legal action. Unauthorized persons will be asked to immediately vacate the premises and may be reported to local authorities as trespassers. During non-business hours, residents should report trespassing concerns to Association staff via email for review during regular business hours.

Alcoholic beverages are not permitted on the pool deck perimeter and are not permitted in the pool. Ceramic, china, glass, or other breakable containers are prohibited within the pool area at all times.
Individuals who appear intoxicated or whose behavior poses a safety concern may be asked to leave the pool area by lifeguard staff or Association staff at their discretion. If the individual refuses to leave, staff may contact local authorities and revoke pool access until the matter is reviewed by the Board.

Pets are not permitted in the pool area unless specifically authorized by Association staff for a private or special function and only within designated areas. This rule does not apply to service animals required to assist a person with a disability.
Except for Association-sanctioned events, the swimming pool may not be reserved or rented for private use. 

 

COMMUNITY ROOM

The Community Room is intended for events, meetings, and private or community group reservations. Use of the Community Room for any other purpose is subject to Board approval. The room may be reserved by Owners through Association staff.
Misuse of equipment (TVs, furniture, surround sound equipment, etc.), profane language, fighting, horseplay or other aggressive play, bullying, and unwelcoming behavior are prohibited. These behaviors should be reported to Association staff immediately.

Under no circumstances will open-flame grills, fire pits, or smokers of any kind be used in the Community Room.

Food and beverages are permitted in the Community Room; however, Facility Users must clean up any trash or debris caused by food or beverages.

Alcoholic beverages may be consumed only by individuals twenty-one (21) years of age or older. Ceramic, china, glass, or other breakable containers are not permitted in the Community Room at any time. If any individual becomes too intoxicated, they will be asked to leave immediately by Association staff. If that person does not exit the facilities, Association staff may call local authorities to have the person removed and revoke entry to the Winding Creek Clubhouse until a hearing is held before the Board.

Pets are prohibited unless required as a reasonable accommodation for a service animal in accordance with applicable law.

Unauthorized Facility Users will be asked to immediately vacate the premises and may be reported to local authorities as trespassers. During non-business hours, concerned residents should report trespassers to the Guadalupe County Sheriff’s Department.

SPORTS COURTS
The Sports Courts are a private amenity reserved exclusively for Winding Creek Residents and authorized users in accordance with the Facility User Guidelines. Sports Courts cannot be reserved for individual use.

Hours: 7:00 A.M. – 10:00 P.M. Daily.
Court lighting will automatically deactivate at 10:00 p.m. daily, and all court use must conclude at that time.

Glass containers are not permitted within the court areas.

Skates, skateboards, rollerblades, bicycles, scooters, and pets are prohibited on the courts at all times.

Courts operate on a first-come, first-play basis. Private reservations or rentals are not permitted except for Association-sanctioned programs or events.
Residents may bring a maximum of three (3) guests per household per day. Residents must remain present and are responsible for their guests.

Appropriate athletic attire is always required, including athletic shoes. Sandals, Crocs™-style footwear, and other open-toe shoes are prohibited.

Any damage, unsafe conditions, or equipment concerns must be reported to Association staff immediately.

Dunking, hanging on rims, nets, pickleball nets, fencing, or other court structures is prohibited.

Tobacco products, food, and alcoholic beverages are not permitted within the court enclosure. Water and non-alcoholic beverages are allowed only in closed plastic containers. All trash must be disposed of properly.

Pets are not permitted on the courts unless required as a reasonable accommodation for a service animal in accordance with applicable law.

Unauthorized users may be asked to leave immediately and may be reported as trespassers. During non-business hours, residents should contact the Guadalupe County Sheriff’s Office to report concerns.

SPLASH PAD
The Splash Pad is a private amenity reserved exclusively for Winding Creek Residents and authorized users in accordance with the Facility User Guidelines. The Splash Pad cannot be reserved for individual use except for Association-sanctioned events.

Food, tobacco products, alcoholic beverages, and glass containers are not permitted within the splash pad area. Water and non-alcoholic beverages are allowed only in covered or closed plastic containers.

Residents may bring a maximum of three (3) guests per household per day and must remain present and responsible for their guests.

Personal sound-producing devices that disturb others are prohibited. Audio must be kept at a respectful level. Association staff may require the use of headphones or request that devices be turned off if complaints are received.

Pets are not permitted within the splash pad area unless required as a reasonable accommodation for a service animal in accordance with applicable law.
Appropriate swim attire is required for splash pad use.

Unauthorized Facility Users may be asked to leave immediately and may be reported as trespassers. During non-business hours, residents should contact the Guadalupe County Sheriff’s Office to report concerns.

The splash pad operates on a first-come basis and is not available for private reservations or rentals except for Association-sanctioned events.

 

 

CONFLICT
In the event of any conflict between these Guidelines and the Covenant, the Covenant shall control. In the event of any conflict between these Rules and the Bylaws, the Bylaws shall control.

FACILITY USER’S AGREEMENT
I have received and reviewed the Winding Creek Facility Use Guidelines. This is not necessarily an exhaustive list of all policies, procedures, and rules associated with the Winding Creek Clubhouse. While this document is intended to be an accurate reflection of current procedures, management reserves the right to revise policies, rules, schedules, and related items as circumstances change (e.g., emergencies, changes in personnel, workload, or community issues). I have read, understand, and agree to adhere to the policies and procedures established by the Association. I understand that failure to follow these policies and procedures may jeopardize my household’s privilege to use the facilities and/or programs.

I also understand that it is my responsibility to remain informed of all policies and procedures of the Winding Creek Clubhouse and amenities and to inform the Facility Users associated with my Lot of such policies and procedures, as they too must adhere to the Winding Creek Clubhouse Guidelines.

Winding Creek Homeowners Association, Inc. Facility Use Waiver and Release Agreement

Assumption of Risk
I / We understand that use of the Facilities involves inherent risks, including but not limited to bodily injury, illness, property damage, or other unforeseen incidents. Use of the Facilities is voluntary and undertaken at my / our own risk. I / We acknowledge that the Association cannot eliminate all risks associated with the use of recreational facilities and amenities.

Release of Liability

To the fullest extent permitted by law, I / We agree to release, waive, and discharge the Association, its Board of Directors, management company, employees, agents, contractors, and representatives from any and all claims, liabilities, damages, or causes of action arising out of or related to the use of the Facilities by me / us, members of my / our household, tenants, occupants, guests, or invitees.

Responsibility for Household Members and Guests
I / We agree to abide by all Association governing documents, Facility Use Guidelines, Electronic Access Policy, and any additional rules adopted by the Board of Directors, as may be amended from time to time. Failure to comply with these policies may result in suspension or revocation of Facility access privileges and may result in additional enforcement action as permitted by the Association’s
governing documents.

Compliance with Association Policies
I / We acknowledge that I / we are responsible for ensuring that all members of my / our household and any guests comply with the Facility Use Guidelines, Association Rules, and all posted signage while using the Facilities. I / We further agree to be financially responsible for any damage to Association property caused by myself, members of my household, tenants, occupants, or guests.

Acknowledgment
I / We (“Owner” or “Owners”) acknowledge that the Winding Creek Homeowners Association, Inc. (the “Association”) owns, operates, and maintains certain common area recreational amenities and facilities (collectively, the “Facilities”), which may include but are not limited to the clubhouse, swimming pool, splash pad, fitness center, sports courts, and surrounding common areas.

By signing below, I / We acknowledge that I / we have read and understand this Facility Use Waiver and Release Agreement and agree to the terms and conditions outlined above.

ELECTRONIC ACCESS ISSUE FORM
Facility Use & Bluetooth Access Guidelines:

Bluetooth/mobile amenity access credentials are issued to the approved Owner or Occupant only and are non-transferable. Credentials may not be shared, loaned, copied, or used by any other individual. The Owner is responsible for all activity associated with their assigned access credentials.

To obtain and maintain Bluetooth/mobile amenity access, the Owner(s) must remain members in good standing with the Association. A member in good standing is defined as:

Assessments are no more than thirty (30) days past due, and the Owner or Occupant has not had amenity privileges suspended by action of the
Association. Occupants requesting Bluetooth/mobile access must submit two (2) forms of eligibility verification, which may include:
Driver’s License or other valid photo identification, and
A current utility bill reflecting the qualifying property address, or Title company documentation, or A valid lease agreement. Prior to activation of Bluetooth/mobile access credentials, Occupants must also provide:

A signed Informed Consent, Release and Waiver Agreement, and
A signed Facility User Agreement. Bluetooth/mobile access credentials will not be activated until all required documentation has been received and approved by the Association or its managing agent.

The Association reserves the right to suspend, deactivate, or revoke Bluetooth/mobile access for delinquency, governing document violations, misuse of amenities, or failure to comply with facility rules.

Each Lot will be provided electronic amenity access credentials at no cost. Electronic access may include Bluetooth or mobile-based entry issued through the Association’s designated access control system.

Physical access key fobs are available for purchase for residents who do not utilize electronic devices or who prefer an alternative method of entry. Applicable replacement or additional fob fees may apply as established by the Association.

Owner access credentials may be suspended or revoked pursuant to the Association’s governing documents for the following actions by the Owner(s), Occupants, or members of their household:
i. Use of false or misleading information to obtain access credentials.
ii. Unauthorized use, sharing, or duplication of access credentials.
iii. Violation of the Association’s governing documents, rules, guidelines, or Code of Conduct.
iv. Non-payment of assessments or other charges owed to the Association.

I understand that I must accompany my guests at all times while they are utilizing any Association amenities. I agree that I will not permit my guests to use my electronic credentials or key fob unless I am physically present with them.
I acknowledge that guests are permitted to use the amenities only while accompanied by the resident host. Amenities include, but are not limited to, the outdoor pool, basketball court, pickleball court, splash pad area, community room, and fitness center.

I understand that any guest found utilizing amenities without the resident host present will be asked to leave immediately. Failure to comply with the guest accompaniment requirement may result in suspension or permanent deactivation of amenity access privileges.

I agree to notify the Community Association office immediately if my key fob or electronic access credential is lost, stolen, or compromised.

I further agree to notify the Association upon moving out of the home, leasing the home, or selling the home. I understand that all physical key fobs issued to me must be returned to the Community Association office upon the sale of the home. Failure to return issued key fobs may result in replacement charges and deactivation of the credentials.

I understand that it is my responsibility to relay these requirements to all members of my household. I acknowledge that it is the responsibility of the homeowner to provide any lessee with applicable access credentials and to ensure tenant compliance with all Association rules.

The undersigned legal property owner and deed holder of the referenced property acknowledges receipt of the following access credential(s):

FACILITY USE AGREEMENT

I / we (“I”/”my”) am a member(s) of the Winding Creek Homeowners Association, Inc. (the “Association”) and am registering for use of the Common Area facilities of the Association (the “Facilities”). Each member has access to the Facilities subject to the rules adopted by the Association regarding the use of the Facilities.
The Association maintains the Facilities within Winding Creek. I understand that the Facilities are owned and/or maintained by the Association and that Continental Homes of Texas, L.P., a Texas limited partnership (collectively referred to herein as “CHTEX” which shall include all of CHTEX’s subsidiaries, affiliates, partners, directors, shareholders, officers and employees) or the Association does not, by provision of these Facilities, assume any responsibility or liability to me, my children, tenants/occupants or my guests, and I undertake such use AT MY OWN RISK. Furthermore, I accept the current and future condition of the Facilities and the property on which the Facilities are located (the “Property”) as is and with all faults. I understand that the Association and CHTEX makes no implied or express
representations or warranties of any kind whatsoever regarding the Facilities and the Property, including, but not limited to, the safety or security of the Facilities and the Property, the compliance of the Facilities and the Property with any applicable law, or the fitness for any use by me or my children, my tenants/occupants, agents, guests, and invitees. I understand that no affirmation of the Association or CHTEX, by words or actions, shall constitute a warranty of any kind whatsoever. In addition, I understand that the Association or CHTEX shall not be liable to me or my
children, my tenants/occupants, agents, guests, and invitees, or any third party for any damage to person or property proximately caused by any of my acts, omissions or neglect, or the acts, omissions or neglect of my children, my tenants/occupants, agents, guests, or invitees, and I agree to indemnify and hold harmless the
Association and CHTEX from all claims, demands, actions, suits, and liabilities, of any kind whatsoever, for any such damage. I understand that the Association and CHTEX shall in no event be liable for any damage to person or property proximately caused by any act, omission, or neglect of the Association or CHTEX, or their directors, officers, employees, or agents. I HEREBY RELEASE, ON BEHALF OF MYSELF AND ANY MINOR CHILD TO WHOM I AM GUARDIAN, AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, CHTEX, THE ASSOCIATION, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM LIABILITY FOR ANY CLAIMS WITH RESPECT TO THE FACILITIES OR THE PROPERTY. I UNDERSTAND THAT I WILL BE FINANCIALLY RESPONSIBLE FOR ANY DAMAGE THAT I OR MY TENANTS/ OCCUPANTS, GUESTS, ETC., MAY CAUSE TO THE FACILITIES.

 

ACKNOWLEDGMENT AND AGREEMENT
I have read and understand this release and agree to abide by those rules and all other rules, regulations, policies, design guidelines (if any), or other governing documents of the Association. I acknowledge that the Facility rules and other rules and regulations of the Association may be changed from time to time. The current rules are available at the Association’s Office.

1. I understand that each individual (myself included) has a different capacity for participating in such activities and services. I assume full responsibility during and after my participation for my choices to use or apply, at my own risk, any portion of the information or instruction I receive. I have read and agree to comply with the written rules and regulations for use of the facilities.

2. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill with which I conduct myself in the activity and/or program. I acknowledge that my choice to participate in any activities or programs offered at Winding Creek Residential Community, Inc.,brings with it my assumption of those risks or results stemming from this choice, and the fitness, health, awareness, care, and skill that I possess and use.

3. I understand that participating in the activities and/or programs may involve risk, including economic loss, disabilities, or death, and I will fully and voluntarily assume those risks.

4. I accept personal responsibility to always act in a safe manner and abide by the rules and regulations of the Community and the Winding Creek Residential Community whenever I participate in these activities. I agree to immediately inform a representative of the event or Winding Creek Residential Community, Inc., and stop participation in the activities, if I observe any unsafe condition or broken equipment, or if I experience any pain, discomfort, or other symptoms that I may suffer during or after participating in the activities. I understand that I may
stop or delay my participation in any activity or program if I so desire and that I may also be requested to stop and rest by any event representative or employee who observes any symptoms of stress or abnormal response, and I agree to comply with such directions.