- Please read this form carefully and be aware that in signing this form, you will be expressly assuming the risk / legal liability and waiving and releasing all claims for bodily injuries, property damage or loss which you and your minor child/ward might sustain as a result of swimming or engaging in any and all activities connected with and associated with swimming in the Camden Place pool during unguarded hours.
2023 CAMDEN PLACE UNGUARDED POOL RULES AND RELEASE
The Resident(s) and/or guests in the Camden Place subdivision (each referred to as “I” or “me”) agree to be bound to this Waiver and Release of all Claims and Assumption of the Risk (this “Release”) in consideration for the grant by the Camden Place Homeowners’ Association (the “Association”) of a license (the “License”) to use the Camden Place pool, the equipment therein and the surrounding environs of the pool bounded by the fence (collectively, the “Pool”) during Unguarded Hours. “Unguarded Hours” are those hours during Regular Pool Hours when a lifeguard is not on duty. A “Qualified Resident” is a resident of Camden Place 18 years of age or older who has signed this Waiver and Release form and/or a resident of Camden Place younger than 18 whose parents or guardians have signed this Waiver and Release Form on his/her behalf. Babysitters, nannies, grandparents, or other caretakers/relatives who do not reside in Camden Place as their primary residence are not Qualified Residents.
I understand that the Regular Pool Hours will be published on the Camden Place Homeowners Association website each year by the Pool Committee. Access to the Pool is prohibited for everyone during times other than the Regular Pool Hours. In consideration of the License and smartphone access to the smartphone app that controls the Pool gate, I agree to be bound by and comply with the terms and conditions of this Release, including but not limited to compliance with the rules and regulations regarding the use of the Pool as set forth in the Pool Rules, and more specifically, the section of the Pool Rules relating to the use of the Pool during the Unguarded Hours as set forth below.
CAMDEN PLACE UNGUARDED POOL RULES
I agree to voluntarily use the Camden Place Pool during Unguarded Hours with full knowledge of
the potential dangers involved, including risks of injury or death.
The Pool will be accessible during Unguarded Hours to Camden Place Qualified Residents and
guests of Qualified Residents who are at least 13 years of age (a “Qualified Resident”) via a
smartphone application. Qualified Residents or guests of Qualified Residents under 13 may use
the Pool during Unguarded Hours only if accompanied by a Qualified Resident or guest of a
Qualified Resident who is 13 years of age or older.
Qualified Residents or guests using the Pool area are responsible for all clean-up, returning all
pool furniture to the normal arrangement, leaving the Pool area promptly at closing, and locking
all gates upon leaving.
There will be no horseplay, misuse of Pool facilities, dangerous/loud behavior, parties, or
misconduct of any type by homeowners during Unguarded Hours. Groups of five or more people
will constitute a party. The HOA reserves the right to determine, at its discretion, if observed
behaviors (via installed cameras) qualify as unacceptable behavior to sanction or remove
violators. Such violators may be subject to fines as well as additional sanctions for violations of
the governing documents of the Association.
To ensure that security is maintained in the Pool area and to comply with the requirements of our
insurance policy, lifeguards must ensure that all swimmers vacate the Pool area and return using
their OWN smartphone application during periods when Unguarded Hours follow a guarded
period.
The use of the diving board is strictly prohibited during Unguarded Hours. This is considered
“misconduct” and dangerous behavior.
The Pool gate will/must remain locked at all times during Unguarded Hours. Each Qualified
Resident or guest must “lock up” after entering/leaving the Pool area, even when other Qualified
Residents are still in the Pool area. (i.e., the gate is not to be propped open). Under no
circumstances are pool users allowed to open the gate for another person(s) or to leave the gate
open.
During inclement weather, the Pool area must be vacated. Specifically, all Qualified Residents
and guests must exit the Pool for a period of 30 minutes after the last thunder is heard or the last
lightning seen. In the case of heavy rain (Pool bottom not visible), all Qualified Residents and
guests must exit the Pool until the Pool bottom is visible.
Except for qualified emergency personnel, under no situation may a person who is not a Qualified
Resident or guest of a Qualified Resident enter the Pool during Unguarded Hours.
Violation of any one of these rules as stated will result in an immediate suspension of Pool
privileges for the Qualified Resident and guest(s) of the Qualified Resident who violates a such
rule(s) for the remainder of the Pool season at the discretion of the HOA Board.
The Association will revoke this License and use of the Pool at any time for failure to be in good
standing, which includes but is not limited to failure to pay the Association dues, failure to
comply with the Camden Place restrictive covenants, or failure to comply with the Pool Rules.
WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK FOR UNGUARDED
HOURS
I understand that swimming poses inherent risks, and I acknowledge that I, as well as any Minor
Children/Ward on whose behalf I acknowledge the Release, are competent swimmers, and I
assume, on behalf of myself and my Minor Children/Ward, all responsibility for my conduct,
health, and safety using the Association’s swimming pool and pool facilities without lifeguard
supervision.
I am solely responsible for maintaining my personal safety and the safety of my Minor
Children/Ward and hereby accept and assume any and all risks of illness, bodily or personal
injury, property damage, or death that may arise concerning the use of the Pool. I understand that
swimming poses inherent risks, and I acknowledge that I, and any Minor Child/Ward on whose
behalf I acknowledge this Release, am/are a competent swimmer.
I assume all responsibility for my conduct, health, and safety, and that of my Minor
Children/Ward, using the Association’s swimming pool or pool facilities without lifeguard
supervision.
I hereby agree, represent, and warrant that I will not visit or utilize the Pool, nor shall I permit my
Minor/Children/Ward to visit or use the Association Pool or pool facilities if (i) I/he/she is
experiencing symptoms of COVID-19, including, without limitation, fever over 100.4 degrees
Fahrenheit, cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore
throat, or new loss of taste or smell; (ii) I/he/she has a suspected or diagnosed or confirmed case
of COVID-19; or (iii) I/he/she has had exposure to any person who has a suspected or confirmed
case of COVID-19 within the past 14 days of my date of use of the pool.
In addition, I hereby voluntarily assume all responsibility for and all risks associated with
contracting COVID- 19 or otherwise being infected with the SARS-CoV-2 Virus, or other
coronavirus disease or similar infectious pathogen or infectious disease, arising out of or
otherwise related to swimming in, visiting or using the pool, including the risk that such exposure
or infection may result in bodily injury, sickness, disease, permanent disability, and/or death
(collectively referred to as “Damage”). I also hereby voluntarily agree to assume all of the
foregoing risks and accept sole responsibility for the risk of bodily injury, sickness, disease,
permanent disability, and/or death of my Minor Children/Wards, which may occur while they are
swimming in, visiting, and/or using the pool, which may result in damage stemming from
COVID-19.
Moreover, I, acting on behalf of myself and in my capacity as parent or guardian for my Minor
Children/Ward, do hereby fully release and forever discharge Camden Place Homeowners
Association, Inc, and its past and present officers, directors, managers, committee members,
agents, and employees (hereinafter the "Released Parties") from any and all claims for bodily
injuries, property damage, damage or other loss that my Minor Child/Ward or I may have or
which may accrue to me/us or my minor child/ward and arising out of, connected with, or in any
way associated with the use of the Camden Place Pool, except for such as may be caused by the
sole gross negligence or willful misconduct of the Association or any of the Released Parties
individually.
WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK FOR UNGUARDED HOURS
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ASSOCIATION, ITS PAST AND PRESENT OFFICERS, DIRECTORS, COMMITTEE-MEMBERS AGENTS, AND REPRESENTATIVES (COLLECTIVELY REFERRED TO HEREIN AS THE “ASSOCIATION”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, WHETHER FROM NEGLIGENCE OR OTHERWISE, FOR ANY INJURY, LOSS OR DAMAGE SUFFERED OR INCURRED BY ME, MY MINOR CHILD/WARD OR MY FAMILY, DIRECTLY OR INDIRECTLY, AS A RESULT OF THE USE OF THE POOL. IN THAT REGARD, I HEREBY EXPRESSLY NOW AND FOREVER, FULLY AND FINALLY WAIVE, RELEASE, AND DISCHARGE THE ASSOCIATION, ON BEHALF OF MYSELF, AND IN MY CAPACITY AS PARENT OR GUARDIAN OF MY MINOR CHILD/WARD AND MY FAMILY, FROM ALL PAST, PRESENT, AND FUTURE ACTIONS, CAUSES OF ACTION SUITS, DAMAGES, JUDGMENTS, CLAIMS AND DEMANDS OF ANY KIND WHATSOEVER, IN LAW OR IN EQUITY (COLLECTIVELY “CLAIMS”), WHICH I OR ANY OF MY FAMILY, MINOR CHILD/WARD, OR ANY OF OUR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS MAY HAVE AGAINST THE ASSOCIATION FOR DAMAGES TO MY PERSON OR PROPERTY OR THE PERSON OR PROPERTY OF MY FAMILY, MINOR CHILD/WARD, AND GUESTS RESULTING FROM OR ARISING OUT OF THE USE OF THE POOL, INCLUDING BUT NOT LIMITED TO DAMAGES FROM COVID-19. FURTHERMORE, I HEREBY AGREE TO REFRAIN FROM AND TO CAUSE MY FAMILY AND MINOR CHILD/WARD TO REFRAIN FROM, DIRECTLY OR INDIRECTLY, SUING ON OR MAKING ANY CLAIM AGAINST THE ASSOCIATION FOR ANY MATTER RELEASED HEREBY.