ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

In consideration of my use of its services and facilities, I waive the liability of and indemnify the Commodores Club LLC, known as the Commodore Yacht Club (“CYC”), for any use of the services and facilities of the CYC, including, but not limited to, the swimming pool (the “CYC Facilities”).

1. I, the Undersigned, wish, for myself, my child, and my guests, to use the CYC Facilities.
2. I agree that I am fully and solely responsible for the care and supervision of myself, my child, and my guests during their use of the CYC Facilities. CYC shall have no responsibility for the care or supervision of me, my child, or my guests.
3. I recognize and understand that using the CYC Facilities involves certain risks. Such risks include, but are not limited to, the risk of property damage, the risk of injury, disability, or death, and risks resulting from the conduct of others. I acknowledge and agree that I, my child, and my guests knowingly assume all risks associated with the use of the CYC Facilities and that such use is at my, my
   child’s, and my guests’ own risk. I further declare and affirm that I, my child, and my guests are in good medical and physical condition and that use of the CYC Facilities does not pose any danger to my, my child’s, or my guests’ health.
4. I, on behalf of myself, and my heirs and assigns, and on behalf of my child and myguests, and their heirs and assigns, FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE, AND DISCHARGE CYC and its members, directors, officers, agents, and employees, and their heirs, successors, and assigns, from any and all damages, including, but not limited to, injury, death, and/or property damage,claims, causes of action, liabilities, losses, costs, or expenses from any event, mishap, accident, loss, damage, or injury suffered by myself, my child, or my guests resulting from, connected with, or caused by their use ofthe CYC Facilities, regardless of whether any such damage, claim, cause of action, liability, loss, cost, or expense arise as a result of the negligence or contributory negligence of the CYC or third parties.
5. I agree to hold harmless, defend, and indemnify the CYC and its members, directors, officers, agents, and employees, and their heirs, successors, and assigns, from and against any and all damages, claims, causes of action, liabilities, losses, costs, or expenses of myself, my child, or my guests, includingmy, my child’s, or my guests’ heirs and assigns, or any third party, arising from or relating to my, my child’s, or my guests’ use of the CYC Facilities. This indemnity shall survive the termination of my use of
   the CYC Facilities.
6. I acknowledge and agree that I have been provided with the CYC Pool Rules &Regulations. I further acknowledge and agree that I, my child, and my guests will abide by such Pool Rules & Regulations, as they now exist or may be amended at the discretion of the CYC.
7. I agree that this Agreement is intended to be as broad and inclusive as legally permitted. If any provision is found for any reason to be unlawful or unenforceable, that provision shall be severed and will not affect the enforceability of any remaining provisions.
8. I acknowledge that I have read and understand the provisions of this Agreement, and enter into it voluntarily and that this Agreement constitutes the entire understanding of the parties with regard to its subject matter. Any changes to this Agreement must be in writing and signed by me and the CYC

NOTICE: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND ELIMINATES YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.