WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK FOR UNGUARDED HOURS
- I understand that swimming poses inherent risks and acknowledge that I, as well as any minor children or wards for whom I acknowledge the release, am a competent swimmer. I assume, on behalf of myself and my minor children or ward, all responsibility for my conduct, health, and safety while using the Association’s swimming pool and pool facilities without lifeguard supervision.
- I am solely responsible for my personal safety and the safety of my Minor Children/Ward, and I hereby accept and assume all risks of illness, bodily or personal injury, property damage, or death that may arise from the use of the Pool. I understand that swimming poses inherent risks and acknowledge that I, and any Minor Child/Ward on whose behalf I accept this Release, am/are competent swimmers.
- I assume full responsibility for my conduct, health, and safety, as well as those of my Minor Children/Ward, when using the Association’s swimming pool or pool facilities without lifeguard supervision.
- I hereby agree, represent, and warrant that I will not visit or use the Association Pool or its facilities, nor shall I permit my Minor/Children/Ward to do so 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, chills, muscle pain, sore throat, or new loss of taste or smell; (ii) I/he/she has a suspected, 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 Association 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 pathogens or infectious disease, arising out of or otherwise related to swimming in, visiting, or using the pool, including the risks 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, and which may result in damage stemming from COVID-19.
- Moreover, I, acting on my own behalf and in my capacity as parent or guardian of 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, or any other loss that my Minor Child/Ward or I may have, or that may accrue to me/us or my Minor Child/Ward, arising out of, connected with, or in any way associated with the use of the Camden Place Pool, except for claims caused by the sole gross negligence or willful misconduct of the Association or any of the Released Parties individually.
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, AND TO CAUSE MY FAMILY AND MINOR CHILD/WARD TO REFRAIN, DIRECTLY OR INDIRECTLY, FROM SUING OR MAKING ANY CLAIM AGAINST THE ASSOCIATION FOR ANY MATTER RELEASED HEREBY.
