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RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISKS, and INDEMNITY/HOLD HARMLESS AGREEMENT FOR USE OF THE AQUIA HARBOUR PROPERTY OWNER'S ASSOCIATION SWIMMING POOLS
1. Defined terms under this Agreement:
- Association – Shall mean the Aquia Harbour Property Owners Association, Inc.
- Released Parties – Shall mean the Association and officers, directors, committee chairpersons, committee members, agents, the management company(s), contractors, employees, servants, successors or assigns.
- Swimming Pool – This shall mean the AHPOA swimming pools located at 1417 Washington Drive and 204 Bow Cove, both of which are in Aquia Harbour, Stafford, Virginia 22554.
- Users – This shall mean each signatory to this document and each signatory’s dependents, heirs, successors, representatives, and assigns.
2. Release: The undersigned User does hereby execute this Release, Waiver of Liability, Assumption of Risks, and Indemnity/Hold Harmless Agreement (the “Agreement”) for themselves and their heirs and acknowledges the inherent risks involved in the use of the Association’s Swimming Pools, which risks include, but are not limited to bodily injury, sickness, disease or death from using the Swimming Pools. Users also acknowledge and understand that the use of the Swimming Pools by Users, as defined below, is potentially dangerous and that the type of injury or damage described above can occur when using the Swimming Pools. Users understand that there will be NO LIFEGUARD ON DUTY DURING THE TIMES USERS WILL BE ALLOWED ACCESS TO SWIMMING POOLs for morning lap swim under this agreement and AGREE TO ASSUME ALL RISKS ASSOCIATED THEREWITH.
3. Damages: Users understand that any damages to the Swimming Pool, Association owned property in the Swimming Pool area, or any Association property by Users under this Agreement will be the responsibility of the Users. Should the Association have to pay for any clean-up or damages by Users under this Agreement, the same must be reimbursed by the Users to the Association within ten (10) days of being invoiced by the Association. Interest will be added to any damages not reimbursed to the Association within ten (10) days of the date of the invoice from the Association.
4. Claims: Users understand in exchange for being permitted to use Swimming Pool and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Users release and agree not to make or bring any claim of any kind against the Released Parties for (1) any injury (including death), disease or sickness to Users, Minors or their guests and invitees related to the use or operation of the Swimming Pool; (2) any damage to personal property whether or not caused by the negligence of the Released Parties or not; or (3) any other cause arising out of or related to Users, Minors or their guests and invitees use of the Swimming Pool.
Users agree to indemnify and hold the released parties harmless from liability or claims, demands, damages, and costs for or arising out of (1) any damage, injury, disease (including covid-19), sickness, or death to users or their minors, guests or invitees related to the use or operation of the swimming pool; or (2) any damage or loss to personal property caused by or related to the use or operation of the swimming pools.
USERS UNDERSTAND, ACKNOWLEDGE AND STIPULATE THAT THIS INDEMNITY AGREEMENT INCLUDES ANY SUCH CLAIMS, DEMANDS, DAMAGES, AND COSTS ARISING OUT OF NEGLIGENCE ON THE PART OF THE RELEASED PARTIES.
5. Users agree that they will be responsible for any and all legal fees incurred by the Association for any proceeding or action brought under or with relation to this Agreement.
6. Users stipulate and agree that invalidation of any term(s) or provision(s) of this Agreement by judgment or other court order shall not affect any of the other terms or provisions and such other terms and provisions shall remain in full force and effect.
7. User understands that violating any of the agreed-upon terms or pool rules can result in a revocation of access without a refund, furthermore, users understand and agree the Association may terminate this Agreement at any time.
RULES FOR POOL USE WHEN NO LIFEGUARD IS ON DUTY
- The allowed use of the Swimming Pools under this Agreement will begin only on the dates and times set forth. For lap swims, AHPOA makes no guarantee of lane availability as they will be used on a first come first serve basis.
- The user must be 18 years of age or older AND must have a current annual pool pass on file.
- The user understands there will be no lifeguard on duty during the early morning lap swim and agrees not to swim alone.
- The user agrees not to share the access code with anyone else including family members and will secure the pool upon entering or exiting the pool area. Code will only work between the permitted time. The code will be deactivated if rules are violated.
- User swears or confirms that they are capable of swimming safely without supervision and are free from any medical condition that would preclude their participation in this program.
- The user agrees not to bring/allow unauthorized guests during lap swim.
By submitting this form, I hereby acknowledge that I have read the 2023 Pool Rules, and Lap Swim Rules, and hereby accept them and agree to abide by each such Rule and Guideline, as may be amended from time to time. The terms of this Agreement are agreed to and accepted by, the User submitting this form.