Facility Use Waiver
WAIVER AND RELEASE OF LIABILITY AND
ASSUMPTION OF RISK AGREEMENT
RE USE OF POOL
This document is a waiver and release of liability and assumption of risk agreement for the use of the Association Pool.
AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. BY ENTERING AND USING THE POOL AND POOL AREA, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO COVID-19.
I know and understand the risks associated with using the pool and pool area, including but not limited to transmission or infection of communicable viruses and diseases, such as novel COVID-19 or the novel corona virus. I knowingly and freely assume all such risks, both known and unknown, and I assume full responsibility for my use of the Pool. I agree to comply with all governmentally issued guidance, including those issued by the Centers for Disease Control and any state or local agency related to limiting the transmission of the COVID-19 virus, including wearing masks going to and from the Pool, use of hand sanitizer, social distancing, and all any rules adopted by the Association with respect to use of the pool.
I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, discharge and covenant not to sue the Valencia Summit Homeowners Association (the "Association") or their directors, officers, employees, agents, and attorneys (hereinafter referred to as "Releasees") from all liability to the undersigned, his or her personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of personal injury, or death of the undersigned while the undersigned is in, upon, about, arriving at, or departing from the pool and pool area. By this agreement, it is my intention to relieve the Releasees of any duty to me without limitation, and I assume the entire risk of damage, injury, or death which might occur during or as a result of my use of the pool.
To the fullest extent permitted by law, I, on behalf of myself and my guests shall indemnify, hold harmless, and defend Releasees from and against any claims, demands, causes of action, damages (including damage to the Association's own property), costs, including all costs of defense, expenses, losses or liabilities, in law or in equity, of every kind and nature whatsoever, related to, arising from, resulting from, or in any manner connected with my, my guests and/or any resident from my property's use of the pool.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AND DO SO VOLUNTARILY, WITHOUT INDUCEMENT.
RELEASE OF CLAIMS OF MINORS: My signature certifies that I, as parent/guardian with legal responsibility for the minor child identified below, do consent and agree to his/her/their release as provided above, of all the releases, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child/children's use of the pool, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.