Amenity Use Waiver, Release, and Indemnification

Amenity Use Waiver, Release, and Indemnification
To receive access credentials for the amenities within Artesia Community Association, residents must review, acknowledge, and agree to the following Use Agreement and Waiver.

Upon completion, a digital copy of the signed agreement will be sent to you for your records. We encourage you to retain this copy for future reference.

Should you need an additional copy or have any questions, please contact the Association Management Team at ArtesiaTX@CCMCnet.com. 

Amenity Use Agreement

This agreement outlines the terms and conditions for using the amenities within Artesia Community Association, including, but not limited to, the swimming pools and fitness centers.

Access to Association amenities is available to eligible Artesia Community Association homeowners who have a completed and signed Amenity Use Agreement and Waiver on file and whose accounts are current with all required assessments, dues, and applicable fees.

Tenants and other authorized family members residing within the community may also be granted amenity access, provided their access credentials have been approved by the homeowner of the property.

By signing this agreement, residents acknowledge their responsibility to comply with all established amenity rules, regulations, and policies adopted by Artesia Community Association.

Amenity Hours of Operation

Amenity hours may vary based on the season, school schedules, operational needs, and community programming. Hours are subject to change with or without prior notice.

Swimming pool hours will be established and communicated at the beginning of each pool season, with updates provided as necessary. Current schedules, announcements, and important updates will be available through BUURT and Official Association Communication platforms. 

For the safety and enjoyment of all residents, please observe the following:

• Access to Association amenities is permitted only during designated operating hours.
• Swimming is allowed only during established pool hours.
• Residents and guests must promptly exit amenity areas at closing time.

General Amenity Rules and Regulations

The following rules apply to all Artesia Community Association amenities, including swimming pools, fitness centers, and their associated entryways and common areas. These guidelines are intended to promote a safe, welcoming, and enjoyable environment for all residents and authorized guests.

Safety and Prohibited Items

1. Weapons: Weapons of any kind are strictly prohibited within Association amenity areas at all times.
2. Wheeled Equipment: Bicycles, tricycles, roller skates, skateboards, scooters, hoverboards, and similar recreational equipment are not permitted inside fitness centers, pool enclosures, or their designated entryways.
3. Strollers and Wagons: Strollers and wagons are permitted within pool areas but must remain at least five (5) feet from the water's edge to maintain safe access and clear walkways.
4. Pets and Animals: Pets and other animals are not permitted within swimming pool or fitness center areas.
5. Glass Containers: Glass containers and glass items of any kind are strictly prohibited within amenity areas.
6. Smoking: Smoking is prohibited within all amenity areas and their associated entryways.

Facility Care and Cleanliness

1. Personal Belongings and Trash: Residents and guests are responsible for removing all personal belongings, food, beverages, towels, reading materials, and trash when leaving an amenity area. Items remaining at the end of the day will be considered abandoned and may be disposed of.
2. Respect for Association Property: Misuse, mistreatment, vandalism, or intentional damage to Association property, equipment, and facilities is strictly prohibited.
3. Posted Rules: All residents and guests must follow posted signage, safety instructions, and additional rules displayed throughout the amenity areas.

Access and Security

1. Secured Entrances: Pool gates and fitness center doors must remain closed, locked, and properly secured at all times. Propping open gates or doors or otherwise compromising facility security is strictly prohibited.
2. Credentialed Access Only: Residents and guests may not open secured gates or doors to admit other individuals. Each authorized user must follow the Association's established access procedures.

Conduct and Supervision

1. Personal Audio Devices: To maintain a comfortable environment for everyone, only personal listening devices used with headphones or earbuds are permitted within swimming pool and fitness center areas. External speakers, radios, televisions, and similar audio devices are prohibited.
2. Supervision of Minors: Children under the age of sixteen (16) must be accompanied by a sponsoring adult and remain under that adult's immediate supervision at all times while using or visiting swimming pool and fitness center areas.

All residents and authorized guests are expected to observe these rules and demonstrate courtesy and consideration toward others. Compliance helps ensure that Artesia's amenities remain safe, well-maintained, and enjoyable for the entire community

Amenity Access and Admittance

Artesia Community Association's swimming pools and fitness centers are provided for the exclusive enjoyment of eligible homeowners, residents, and their authorized guests. To help maintain a safe and secure environment, all individuals must comply with the Association's established access procedures and amenity rules.

Access Requirements and Guest Privileges

1. Authorized Access: Homeowners and residents must use their assigned access credentials to enter the amenities and should be prepared to present a valid photo ID upon request.
2. Credential Security: Access credentials are assigned to individual homeowners and residents and may not be shared, transferred, or provided to guests or children under the age of sixteen (16).
3. Supervision of Minors: Children under the age of sixteen (16) must be accompanied and directly supervised by a sponsoring homeowner or resident who is at least eighteen (18) years of age at all times while visiting the amenities.
4. Guest Limit: Each homeowner or resident household may bring up to four (4) guests to the swimming pool areas at one time.
5. Guest Responsibility: Homeowners are responsible for the conduct of residents and guests associated with their property. Sponsoring residents are also responsible for ensuring their guests follow all Association rules.
6. Guest Supervision: Guests must remain under the immediate supervision of their sponsoring homeowner or resident and may not remain in the swimming pool or fitness center areas without their sponsor present.

Denial of Admission or Removal from Amenities

To protect the safety, comfort, and enjoyment of all residents, the Association may deny admission or require an individual to leave an amenity area for any of the following reasons:

•  Physical violence, threatening behavior, or intentional damage to property.
• Use of abusive, threatening, profane, or offensive language
• Failure to follow reasonable instructions from law enforcement, security personnel, Association staff, or members of the Board of Directors.
• Disruptive, reckless, or unsafe behavior that places the individual or others at risk.
• Possession or use of a weapon or any object being used as a weapon.
• Appearing unable to safely care for oneself or presenting a risk to personal or public safety.
• Children under sixteen (16) who are not accompanied and supervised by an authorized adult.
• Intoxication or impairment that may compromise the safety of the individual or others.
• Swimwear or workout attire that does not meet the Association's standards for appropriate coverage.
• Any health or safety condition that may pose a risk to others, including open or uncovered wounds, communicable illnesses, or other conditions that could create a risk of transmission in shared facilities.

Residents and guests are expected to cooperate with Association representatives and demonstrate respectful behavior at all times.

Swimming Pool Rules and Safety Guidelines
NO LIFEGUARD ON DUTY — SWIM AT YOUR OWN RISK.

The Artesia Community Association swimming pools are not supervised by lifeguards. All homeowners, residents, and guests enter and use the swimming pools at their own risk. Parents, guardians, and sponsoring adults are responsible for the safety and supervision of children in their care.

For everyone's safety and enjoyment, the following rules must be observed:

Health, Hygiene, and Appropriate Attire

1. Shower Before Swimming: All swimmers must shower before entering the pool.
2. Hair Accessories: Bobby pins, hairpins, and similar items that may damage or obstruct the pool's filtration system must be removed before entering the water.
3. Proper Swimwear: Appropriate swimming attire is required at all times. Street clothes are not permitted in the water. A clean T-shirt may be worn over proper swimwear.
4. Swim Diapers: Children who are not fully toilet-trained must wear swim diapers specifically designed for use in swimming pools. Regular disposable or cloth diapers are not permitted.

Supervision and Pool Safety

1. Children Under Sixteen (16): Children under the age of sixteen (16) must be accompanied by and remain under the immediate supervision of a sponsoring adult at all times while in the pool area. 
2. No Running or Rough Play: Running, pushing, wrestling, scuffling, jumping, or other unsafe activities are prohibited within the pool area. Rough play in the water, including dunking and riding on another person's shoulders, is not permitted.
3. Pool Ladders: Pool ladders and handrails are intended for safe entry and exit. Hanging, climbing, or playing on these fixtures is prohibited.
4. No Diving: Diving is strictly prohibited in all swimming pools.

Pool Equipment and Personal Items

1. Pool Furniture: Furniture must remain in its designated location within the pool area. Furniture may not be removed from the enclosure or placed in the water.
2. Flotation Devices: Large flotation devices, including oversized rafts and inflatables, are not permitted in the swimming pools.
3. Food and Beverages: All food and beverages must remain at least five (5) feet from the water's edge.
4. Pool Toys and Games: Only rubber-coated sinking devices may be used for underwater pool games. Rocks, metal objects, and other items that may damage the pool surface or equipment are strictly prohibited.

All residents and guests are expected to follow posted pool signage and any additional safety instructions provided by Association representatives.

Fitness Center Rules and Guidelines

The Artesia Community Association fitness centers are available for the enjoyment of eligible residents and their authorized guests. To help maintain a safe, clean, and welcoming environment, all users are expected to exercise responsibly and treat equipment with care.

1. Proper Equipment Use: Exercise equipment, including free weights and weight machines, must be used safely and as intended. Weights should be lifted and lowered in a slow, controlled manner to reduce the risk of injury and equipment damage.
2. Return Equipment After Use: Dumbbells, free weights, and other fitness accessories must be returned to their designated storage areas immediately after use.
3. Clean Equipment: Users must wipe down vinyl surfaces, benches, seats, and other frequently touched equipment surfaces after each use.

Residents and guests are encouraged to be courteous to others, share equipment when appropriate, and promptly report any damaged or malfunctioning equipment to the Association Management Team.

Violations and Enforcement

The Association is committed to maintaining safe, secure, and enjoyable amenities for all residents. Compliance with the established rules is an important part of preserving these shared community resources.

Violation Documentation

Violations of the Amenity Use Agreement and associated rules may be documented and maintained in the homeowner's Association record for a period of one (1) year.

Repeated or Serious Violations

Repeated violations, unsafe conduct, misuse of Association property, or behavior that negatively affects the safety and enjoyment of others may result in further action, including:

• A formal notice of violation.
• A hearing before the Association's Board of Directors.
• Temporary suspension or termination of amenity access privileges.
• Assessment of applicable fines or other enforcement measures, as permitted by the Association's governing documents and applicable law.

Any enforcement action will be administered in accordance with the Association's governing documents, adopted policies, and applicable legal requirements.

Unauthorized After-Hours Access

Access to swimming pools, fitness centers, and other secured amenity areas outside of established operating hours is strictly prohibited.

Individuals found within secured amenity areas after hours, including Artesia homeowners and residents, may be subject to enforcement action by the Association and may be reported to law enforcement for possible trespassing violations.

Acknowledgment and Acceptance of Amenity Use Agreement

By signing this agreement, the undersigned requests access to the Artesia Community Association amenity center, fitness centers, swimming pools, and related recreational facilities (collectively referred to as the "Amenities").

The undersigned acknowledges and agrees to the following:

1. Agreement to Follow Rules: I have read, understand, and agree to comply with the Amenity Use Agreement and all applicable Association rules, regulations, policies, and posted safety instructions.
2. Acknowledgment of Risk: I understand that the use of the Amenities involves inherent risks, including the potential for personal injury. I voluntarily choose to use these facilities with an understanding of those risks.
3. No Lifeguard on Duty: I acknowledge that the Association does not provide lifeguard supervision at the swimming pools and understand that swimming and use of the pool facilities are at my own risk.
4. Responsibility for Guests and Minors: I understand my responsibility to ensure that all guests and minors under my supervision comply with the Association's rules and safety requirements.
5. Compliance and Enforcement: I acknowledge that failure to follow the established rules may result in enforcement action, including suspension of amenity privileges and applicable fines, in accordance with the Association's governing documents and applicable law.

By signing below, I confirm that I have read and understand the Artesia Community Association Amenity Use Agreement and Waiver and voluntarily agree to its terms and conditions.

Upon completion, a digital copy of the signed agreement will be provided to me via email for my records. 

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.