Amenity Use Waiver, Release, and Indemnification

Amenity Use Agreement and Waiver, Release, and Indemnification Form

In order to receive access credentials for amenities within Artesia Community Association, please acknowledge and agree to the use agreement and waiver below.

PLEASE KEEP A COPY OF THIS DOCUMENT FOR YOUR RECORDS.

 

Amenity Use Agreement

This agreement is in relation to use of amenities within Artesia Community Association, including the gyms and pools as outlined below. Only Artesia Community Association homeowners who have a signed version of this agreement and waiver form on file, and are current with all required dues/fees are invited to visit the amenities. Tenants and other family members residing at the property within Artesia Community Association must have their access credentials approved by the homeowners.

 

Hours

• Hours are variable; the hours may change with or without notice, depending on the season, school schedules and program demand. Pool hours will be announced and posted at the beginning of the season and any changes will be announced as needed. All announcements and updates can be found on TownSquare and the HOA Facebook page.
• Admittance to the amenities is only permitted during open hours.
• Swimming is permitted only during pool area hours.

General Rules (applicable to all amenities)

• No weapons of any kind are allowed at amenities at any time.
• Bicycles, trikes, skates, skateboards, scooters or hoverboards are not permitted within the gym(s), pool enclosure(s), or in the entryway to these areas.
• Strollers and wagons are welcome in the pool area as long as they are kept a safe distance (at least five (5) feet) from the water’s edge.
• Pets and/or other animals are not allowed within any of the amenity areas (pool/gym).
• Glass containers of any kind are prohibited in the amenity areas.
• No smoking is permitted in the amenity areas or entryways.
• Users of the amenities are responsible for removing all articles they bring with them (including food, trash, towels, books, magazines, etc.) at the time they leave the area. All items left at the end of the day will be considered abandoned and will be disposed of.
• All rules and regulations displayed inside the amenity areas are to be adhered to at all times.
• Mistreatment or abuse of property is not permitted.
• The pool gates and secured gym doors are to remain closed and locked at all times and are not to be propped open or otherwise left unsecured.
• The pool gates and secured doors to the gyms are not to be opened to let in other persons.
• Only personal listening devices with earphones may be used while in the pool areas or gyms. All other radios, television sets, tape recorders, tape-playing devices, or similar devices are strictly forbidden.
• Children under 16 must be accompanied by and have immediate supervision of a sponsoring adult at all times while visiting the pool or gym areas.

 

Admittance

The Gym/pool areas are for the exclusive use of homeowners, residents, and their guests. Homeowners/residents should be prepared to present photo identification and use their access credentials for entrance into the amenities. Homeowners/residents are responsible for the supervision and conduct of their guests.

• Only homeowners/residents may enter the amenities using assigned access credentials. Credentials are not permitted to be shared with guests or children under the age of 16. All children under the age of 16 must be accompanied and supervised at all times by a sponsoring adult homeowner/resident (over the age of 18).
• Each homeowner/resident family may bring up to four (4) guests to the Pool Areas.
• Homeowner is liable and responsible for the conduct of residents and guests at all times.
• Guests must be under the immediate supervision of the sponsoring homeowner or resident at all times. Guests may not remain within the Gym/Pool Areas without the sponsoring homeowner or resident.

Admission may be denied or one may be asked to leave for any of the following reasons:

• Violence towards another person or object.
• Use of foul or offensive language
• Failure to comply with the directions of a law enforcement officer, security officer, a Board member, and/or other staff member(s)
• Unruly conduct that puts the safety of self or others in danger
• Use of a weapon or any other object being used as such
• When an individual is apparently unable to care for him or herself
• Any unaccompanied minor, under the age of 16
• Intoxication
• Excessively brief or revealing swim or workout wear
• Any condition or evidence, which will jeopardize the health and safety of the general public, including but not limited to: open sores, wounds, skin disease, sore or inflamed eyes, nasal or ear discharge, or any communicable or otherwise contagious disease.

 

Pool-Specific Rules

There is no lifeguard on duty. All Homeowners, residents, and guests enter and swim at their own risk.

• Everyone is required to take a shower before entering the pool.
• All bobby pins, hair pins, and other such items that can clog the filtering system are to be removed before entering the pool.
• Appropriate swim attire must be worn at all times.
• At no time will individuals wearing street clothes be permitted to enter the water. Exception: a clean T-shirt may be worn over proper swimming attire.
• "Swim diapers" are required for children who are not toilet-trained. Regular disposable or cloth diapers are not permitted for use in the pool.
• Children under 16 must be accompanied by and have immediate supervision of an adult at all times while attending the Pool Area.
• The pool furniture is not to be removed from the pool area or placed in the pool at any time.
• No running, jumping, scuffling, or rough play inside the Pool Area. There will be no rough play permitted in the water, i.e., dunking, riding shoulders, etc.
• No hanging from the ladders.
• No large flotation devices are permitted at any time.
• Food and beverages must be kept at least five (5) feet away from the pool at all times.
• Only rubber-coated sinking devices may be used for pool games. No rocks or metal objects are to be thrown into the pool, because such items can damage the bottom of the pool.
• Diving is not allowed.

 

Gym-Specific Rules

• Weights should be lifted in a slow, controlled manner.
• Dumbbells and other equipment should be returned to their appropriate place after use.
• Wipe vinyl surfaces after each use.

 

Violation and Enforcement

Violations will be tracked and remain on homeowner records for a period of 1 year. Repeated violation of these rules or conduct detrimental to others could result in a hearing with the Board of Directors and/or result in the termination of amenity use privileges and/or imposition of fines.

All those found in the Gym/Pool Areas during closed hours (including homeowners and residents of Artesia) will be cited for trespassing by law enforcement.

 

The undersigned desires to use the amenity center, gym(s), swimming pool(s), and related facilities ("Amenities") and acknowledges and agrees to abide by all rules and regulations established by the Association. The undersigned further acknowledges that there is no lifeguard on duty at the swimming pool and that use of the Amenities is at their own risk.

By signing below, the undersigned acknowledges that they have read and understand this Amenity Use Agreement and voluntarily accept its terms.

 

WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT

This Waiver, Release, and Indemnification Agreement is made and executed as of the date below by the undersigned Owner(s) or resident family member(s). As a condition imposed by the Board of Directors of the Association prior to permitting Owner access to, and access credentials for entry to, the Amenity Center, Gyms, and Pool areas, and in consideration thereof, the Owner(s) or resident family member(s) agree and acknowledges:

• The Owner or resident family member is at least 16 years of age and the owner or a resident family member of the residence (“Residence”) listed below.
• The residence is located within the Artesia Community Association, located in Denton County (Prosper, TX) (“Subdivision”) .

 

As a member of the Association, Owner is entitled to use and enjoy the Amenity Center, Gym, and Swimming Pool. Owner’s rights and privileges with respect to the Park Tract and Improvements are subject to the terms and conditions of the Deed Restrictions for the Subdivision and to any rules (“Rules”) promulgated by the Board of Directors of the Association. Use of the Park Tract and Improvements by Owner, Owner’s family (including children), Owner’s guests or tenants, at all times requires following all of the Rules. Owner shall be solely and entirely responsible for compliance with any and all Rules by Owner, Owner’s family (including children), Owner’s guests, and tenants.

THERE IS NO LIFEGUARD ON DUTY AT THE SWIMMING POOL. OWNER, OWNER’S FAMILY

(INCLUDING CHILDREN) AND OWNER’S GUESTS AND TENANTS ARE SWIMMING AT THEIR OWN RISK.

Owner, Owner’s family (including children), Owner’s guests, and tenants shall not tamper with any lock, prop open any door or gate, or take any other action that would allow free access to the Amenity Center, gym(s), and or swimming pool(s) by any other person.

Owner, on behalf of Owner, Owner’s family (including children) and Owner’s guests and tenants,

HEREBY KNOWINGLY AND INTENTIONALLY WAIVES, RELEASES AND INDEMNIFIES AND HOLDS

HARMLESS THE ASSOCIATION, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, MANAGERS

AND ATTORNEYS, ARTESIA COMMUNITY ASSOCIATION, THE DECLARANT UNDER THE DEED

RESTRICTIONS (“DECLARANT”), CASTLE GROUP, ITS SUBSIDIARIES, ASSIGNS AND/OR RELATED

COMPANIES (“MANAGERS”), AND ANY OTHER LOT OWNER IN THE SUBDIVISION (ALL ABOVE MENTIONED PARTIES COLLECTIVELY DEFINED AS “ASSOCIATION PARTIES”), from and against any claims for any injury to, or death of, any person, or any damages to any property, or other damages (including attorney’s fees and court costs) in, upon, or concerning the Park Tract and Improvements, arising at any time and from any cause, except for any claims against any Association Party for any such damage, injury or death which arises out of gross negligence or willful misconduct of that Association Party. No Association Party shall be liable to Owner, Owner’s family (including children) or Owner’s guests or tenants, for any injury to, or death of, any person, or any damage to any property, or other damages (including attorney’s fees and court costs), in, on, or upon the Park Tract and Improvements except to the extent, and only to the extent, that any such death, injury or damage is caused by the gross negligence or willful misconduct of that Association Party.

IF RESIDENCE WILL BE LEASED or other homeowner family members over the age of 16 are to be granted credentials, please list all such residents to receive access credentials below.

 

All Tenants and other residents over the age of 16 years must also agree to the foregoing Waiver, Release and Indemnification.