Woodlake Community Association Pool Waiver (online)

Release, Waiver of Liability, Assumption of Risk & Indemnity Hold Harmless Agreement for use of Woodlake Community Association’s Aquatic Facilities

1. Defined terms under this Agreement:

• “Association” – shall mean Woodlake Community Association, Inc. and its amenities and common spaces.

• “Released Parties” – shall mean the Association and all its officers, Board of Directors members, employees, agents, insurers, and contractors/sub-contractors.

• “Swimming Pools” – shall mean the Association’s Aquatic Facilities located at both (i) 14710 Village Square Place and (ii) 5000 Woodlake Village Parkway, Midlothian, VA 23112.

• “User(s)” – shall mean each signatory to this document, and all of signatory’s children, any minor caretakers of such children, and any accompanying minor guests.

2. The undersigned Users (i) execute this Release, Waiver of Liability, Assumption of Risk & Indemnity/Hold Harmless Agreement (the “Agreement”) on behalf of themselves, as well as their heirs, successors, representatives, and assigns, and (ii) acknowledge all of the inherent risks associated with use and enjoyment of the Association’s Swimming Pools, which risks include (but are not limited to) bodily injury, sickness, disease or death (through drowning or other use of the Swimming Pools).

3. Users also acknowledge, understand, and agree that their use of the Swimming Pools is inherently dangerous and that bodily injury, sickness, disease or death can occur when using the Swimming Pools, even if using the Swimming Pools safely and appropriately. USERS UNDERSTAND THERE WILL BE NO LIFEGUARD ON DUTY DURING THE TIMES USERS WILL BE ALLOWED ACCESS TO THE ASSOCIATION’S SWIMMING POOLS UNDER THIS AGREEMENT, AND EXPRESSLY AGREE TO ASSUME ALL RISKS ASSOCIATED WITH THEIR USE OF THE SWIMMING POOLS DURING THE PERIOD OF TIME NO LIFE GUARD IS PRESENT.

4. The allowed use of the Swimming Pools by Users under this Agreement will occur ONLY when there is no lifeguard on duty.

5. Users understand and agree that this Agreement applies to each minor guest who accompanies them, and that any accompanying guests who are no longer minors must also sign a similar version of this Agreement prior to being afforded access to the Association’s Swimming Pools in the absence of any lifeguard on duty.

6. INDEMNIFICATION & HOLD HARMLESS PROVISION: In exchange for being afforded access to the Association’s Swimming Pools even when no lifeguard is on duty, and for other good and valuable consideration (the sufficiency of which is hereby acknowledged), the undersigned Users, on behalf of themselves and their children, other minors, guests, heirs, successors, representatives, and assigns, expressly agree to indemnify and hold the Released Parties harmless from all liability, claims, demands, damages and costs from, or arising out of: (1) any injury (including bodily injury or death), disease or sickness to Users (expressly including heirs, successors, representatives, and assigns) arising from and in any way related to their access, use, and enjoyment of the Association’s Swimming Pools; (2) any damage or loss to User personal property caused by or related to the use or operation of the Swimming Pools – whether or not caused by the negligence of the Released Parties; and (3) any other damage or injury in any way connected to the access, use, and enjoyment of the Association’s Swimming Pools by Users (expressly including heirs, successors, representatives, and assigns).

USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION INCLUDES ANY SUCH CLAIMS, DEMANDS, DAMAGES AND COSTS CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.

7. RELEASE PROVISION: In exchange for being afforded access to the Association’s Swimming Pools even when no lifeguard is on duty, and for other good and valuable consideration (the sufficiency of which is hereby acknowledged), the undersigned Users, on behalf of themselves and their heirs, successors, representatives, and assigns, irrevocably and unconditionally release, waive, remise, and discharge the Released Parties forever from all liability, claims, demands, damages, and costs, from or arising out of: (1) any injury (including bodily injury or death), disease or sickness to Users (expressly including their heirs, successors, representatives, and assigns) related to the use or operation of the Association’s Swimming Pools; (2) any damage or loss to User personal property caused by or related to the use or operation of the Swimming Pools – whether or not caused by the negligence of the Released Parties; and (3) any other damage or injury in any way connected to the access, use, and enjoyment of the Association’s Swimming Pools by Users (expressly including their heirs, successors, representatives, and assigns).

8. 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, remaining terms or provisions and such other terms and provisions shall remain in full force and effect.

9. Users understand and agree the Association may terminate this Agreement at any time, and for any reason, in the exercise of its sole, absolute discretion.

10. Users agree they will be responsible for any and all legal fees incurred by the Association in defense of any claims falling within the scope of Paragraphs 6 & 7 of this Agreement, regardless of whether the Association is the prevailing party in such litigation.

I understand the following:

THERE IS NO LIFEGUARD ON DUTY AND THIS IS A SWIM AT YOUR OWN RISK FACILITY.

We acknowledge we have read the accompanying Pool Rules and Guidelines and accept them and agree to abide by each such Rule and Guidelines, as may be amended from time to time.

We understand and agree that this WAIVER is binding for use of the Swimming Pools from until December 31, 2024.

I understand the following (check box to acknowledge).(Required)

THERE IS NO LIFEGUARD ON DUTY AND THIS IS A SWIM AT YOUR OWN RISK FACILITY.

I understand the following (check box to acknowledge).(Required)

I have read the accompanying Pool Rules and Guidelines and accept them and agree to abide by each such Rule and Guidelines, as may be amended from time to time.

I understand the following (check box to acknowledge).(Required)

We understand and agree that this WAIVER is binding for use of the Swimming Pools from until December 31, 2024.

This waiver is for:(Required)

an ADULT

a CARETAKER

a HIGH SCHOOL STUDENT

Date(Required)

Name(Required)

First Last

Address(Required)

Street Address City State / Province / Region ZIP / Postal Code

Phone(Required)

Email(Required)

Enter Email Confirm Email

If Caretaker, Please List Employer's Name

If Caretaker, Please List Employer's Contact Number

If waiver is for a HIGH SCHOOL STUDENT, please provide Parent's Name

First Last

By checking here, you agree to the terms and conditions of this waiver(Required)

I agree to the terms and conditions of this waiver

If waiver is for HIGH SCHOOL STUDENT:(Required)

The parent listed agrees to the terms and conditions of this waiver

This waiver is not for a High School Student

Revised 9/2024