Where as the association owns and operates a common facility, said facility is owned by the association and is for use by the owners, guest and tenants.
Where as owners, guest and tenants may use the common facility.
Now therefor all parties abound hereto shall agree as follows.
Definition of the facility:
Clubhouse and related furniture and equipment, workout facility and related equipment, swimming pool and related furniture and equipment, playgrounds and related equipment, benches,walkways and any and all other surfaces or areas contained in the community and defined as a common element in the Declarations Covenants Conditions and Restrictions available for the use of all owners, guests, and tenants.
Assumption of Risk:
Use of the common facility is done at the risk of the person or persons utilizing the facility. Owners should be aware and shall make their guest aware of the hazards of using the common facility with reference to COVID -19 and any and all communicable diseases. Owner hereby agrees to communicate risk to all guests and residents living in the unit.
Users of the common facility are hereby made aware of the following risk.
- The common facility has not been cleaned by a professional cleaning company, certified in decontamination.
- Use of the facility may result in the contraction of a communicable disease such as but not limited to COVID-19.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The Association has created new protocols and put in place preventative measures to reduce the spread of COVID-19; however, the association cannot guarantee that you or your child(ren), guests, tenants or other users of the facility will not become infected with COVID-19 or other communicable diseases. Further, using the facility may increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I as well as my guest and tenants may be exposed to or infected by COVID-19 by, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the association its managers and subcontractors.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself, spouse or life partner as well as my guest and tenants including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I myself, my child(ren), guest and tenants may experience or incur in connection with use of the facility. On my behalf, and on behalf of my child(ren), guests and tenants I hereby release, covenant not to sue, discharge, and hold harmless and indemnify the association, its employees, agents, sub-contractors, property managers and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the association, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after the use of the facility.
If applicable the pool facility is swim at your own risk, no lifeguard is provided at the community at any time. Please review the pool rules for the specific pool facility prior to using the facility.