HMR Swimming Pool Waiver and Release of Liability Agreement
*If all information on this form is submitted correctly, your pool fob(s) will be activated for use within 48 hours of submission. Waivers completed on Friday will not be activated until the following business day.
HMR Swimming Pool Waiver and Release of Liability Agreement
Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement
PLEASE READ CAREFULLY. BY COMPLETING THIS FORM, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
IN CONSIDERATION OF the risk of injury and illness due to COVID-19 that exists while participating in using the community swimming pool and facilities located at 3810 Bainbridge Cove, Round Rock, TX 78681, United States (hereinafter the Activity);
I HEREBY, for myself, my family, heirs, executors, administrators, assigns, or personal representatives currently residing at the address entered on this form (hereinafter collectively, “Releasor,” “I”, “Me” or “My”), knowingly and voluntarily enter into this RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“Agreement” or “Document”) and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same, which would otherwise not be permitted;
I, on my own behalf and any minor using the Community Facilities, hereby assume all responsibility for and all risk of damage or loss of any kind, including but not limited to bodily injury, sickness, including but not limited to contracting COVID-19, disease, death and damages of any kind (collectively, 'Damage'), sustained by myself or any other party arising out of or relating to my presence in or use of the Community Facilities. This assumption of responsibility and risk includes (without limitation) such damage caused, or alleged to be caused, in whole or in part by the negligence of any of: the Association; the property management company, FirstService Residential; the Declarant under the Association's governing documents, Highlands at Mayfield Ranch, Ltd., a Texas limited partnership; and any of their respective officers, directors, managers, committee members, employees, partners, agents, attorneys, successors, assigns, affiliates, contractors, subcontractors of any tier, sister and parent companies, subsidiaries, and interrelated companies (collectively, the 'Indemnified Parties'). I acknowledge that the Indemnified Parties are not insurers and that I assume all risks for personal injury, loss, damage, or death, including personal property loss or damage, and I further acknowledge that the Indemnified Parties have made no representations or warranties, nor have I relied upon any representations or warranties, expressed or implied, as to the safety of the Community Facilities.
Indemnification. I SHALL INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE INDEMNIFIED PARTIES FROM AND AGAINST ALL CLAIMS IF SUCH CLAIMS ARISE OUT OF OR RELATE TO MY OR ANY THIRD PARTIES' PRESENCE IN OR USE OF THE COMMUNITY FACILITIES. THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE INDEMNIFIED PARTIES' OWN NEGLIGENCE, REGARDLESS OF WHETHER SUCH NEGLIGENCE IS THE SOLE, JOINT, COMPARATIVE OR CONTRIBUTORY CAUSE OF ANY CLAIM.
I ACKNOWLEDGE that there will be no lifeguard on duty, that orders, rules and guidance provided by governmental entities, including, without limitation, the Centers for Disease Control ('CDC') exist and provide recommendations and mandatory rules that require, among other things: (1) social distancing; (2) occupancy limits; (3) cleaning and disinfection; (4) restricted entry of facilities by persons who have COVID-19 symptoms or have been diagnosed with COVID-19; and (5) other requirements specific to certain activities or facilities ('Regulatory Requirements').
I FURTHER AGREE to follow all Regulatory Requirements and HOA rules while participating in the Activity, including the guidelines included in Assocation Pool Opening Letter dated March 4th, 2021.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO ILLNESS DUE TO COVID-19 INFECTION.
I FURTHER AGREE that if any portion of this Document is held to be invalid, the remainder of the document, shall continue in full force and effect with the offending provisions severed.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY ANTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.