RELEASE & INDEMNITY AGREEMENT FOR SEVEN MEADOWS COMMUNITY ASSOCIATION, INC., AMENITIES WHEREAS Seven Meadows Community Association, Inc., (hereinafter the “Association”) a Texas nonprofit corporation, is the governing entity for Seven Meadows, Sections 1-22, additions in Fort Bend County, Texas, according to the maps or plats thereof, recorded in the Map Records of Fort Bend County, Texas, under Clerk’s File Nos. 20010284, 20010486, 20010509, 20010285, 20010295, 20010294, 20010296, 20010613, 20010487, 20040115, 20040116, 20060013, 20060014, 20060261, 20060089, 20060262, 20060094, 20060093, 20060096, 20060099, 20070049 and 20070261, respectively, along with any amendments, supplements and replats thereto, and other property subject to the jurisdiction of the Association (together, these Sections hereinafter the “Subdivision”); and, WHEREAS the Subdivision is governed by the Declaration of Covenants, Conditions, and Restrictions for Seven Meadows, recorded in the Real Property Records of Fort Bend County, Texas, under Clerk’s File No. 2002076213, along with any amendments and supplements thereto (hereinafter the “Declaration”); and, WHEREAS Article III, Section 3.2(a) of the Declaration empowers the Association’s Board of Directors to modify and expand the Association’s rules and regulations; and, WHEREAS Article III, Section 3.3 of the Declaration serves to place all Owners in the Subdivision on notice that their use of the Association’s Common Areas is subject to the Association’ rulemaking authority; and, WHEREAS Section 204.010(a)(6) of the Texas Property Code authorizes the Association to regulate the use of the Subdivision; and, WHEREAS the amenities owned, operated by, maintained by, and governed by, the Association include—but are not limited to— the Association’s swimming pools, splash pads, tennis courts, fitness center, clubhouse, pavilions, and playgrounds; (all the Association’s amenities, including those not explicitly listed herein, hereinafter referred to as the “Facilities”) and, WHEREAS the Association is not obligated to allow use of the Facilities during the ongoing COVID-19 pandemic; and, WHEREAS the Association has the full authority and discretion, subject only to government orders and specific applicable law, to determine when, and under what conditions, the Facilities may be utilized by the Association’s members; and, WHEREAS the signer of this agreement (hereinafter the “Applicant”) is a member of Association residing at the address provided and; WHEREAS Applicant desires to make use of the Facilities during COVID-19 pandemic, despite knowing the risks and dangers associated with such use; and, WHEREAS as a part of the consideration for allowing Applicant to use the Facilities, the Association requires that Applicant release, indemnify, defend, and hold harmless the Association and A-Beautiful Pools, Inc., from any and all liability related to, stemming from, and/or in connection with the such use, including, but not limited to, liability related to COVID-19 and any other virus-related events; and, NOW THEREFORE, pursuant to the foregoing, the Applicant and the Association hereby agree as follows: INDEMNIFICATION AGREEMENT 1. Applicant understands and agrees that this Indemnification Agreement does not grant Applicant access to, and does not authorize Applicant’s use of, any of the Association’s swimming pools during posted “swim at your own risk” hours. Applicant understands and agrees that Applicant’s access to, and use of, the Association’s swimming pools during posted “swim at your own risk” hours is subject to separate, distinct, and additional agreement. 2. In consideration of the Association permitting the Applicant to utilize the Facilities during the COVID-19 pandemic, the Applicant (on behalf of Applicant as well as on behalf of Applicant’s children, dependents, family, guests, invitees, licensees, heirs, assigns, trustees, agents, successors, and estates, and on behalf of all other persons for whom Applicant can legally grant a release (hereinafter the “Releasing Parties”)) does hereby covenant, warrant, promise, and agree to accept full, complete and total responsibility for any and all damages or injuries (including but not limited to personal injury, wrongful death, injury to property, and specifically including any illness, death, or injury caused by, arising from, or related to COVID-19) to any person or persons, including Applicant and the Releasing Parties, that arises out of, is in any way (directly or indirectly) related to, or is caused by, Applicant’s the use of the Facilities and/or Applicant’s rights of access to the Facilities. 3. In further consideration of the Association permitting the Applicant to utilize the Facilities during the COVID-19 pandemic, the Applicant, on behalf of Applicant and the Releasing Parties, does hereby covenant, warrant, promise, and agree to RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS the Association (including its managing agent(s), directors, officers, members, attorneys, employees and contractors) and A-Beautiful Pools, Inc., (including its directors, officers, shareholders, employees and contractors) from and against any and all claims, actions, suits, damages, judgments, demands, losses, costs, expenses and disbursements, including court costs and attorneys’ fees, resulting from any injury (including but not limited to wrongful death, personal injury, injury to property, and specifically including any illness, death, or injury caused by, arising from, or related to COVID-19) to any person or persons, including Applicant and the Releasing Parties, that arises out of, is in any way (directly or indirectly) related to, or is caused by, Applicant’s the use of the Facilities and/or Applicant’s rights of access to the Facilities. 4. In further consideration of the Association permitting the Applicant to utilize the facilities during the COVID-19 pandemic, the Applicant, on behalf of Applicant and the Releasing Parties, does hereby covenant, warrant, promise, and agree to RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS the Association (including its managing agent(s), directors, officers, members, attorneys, employees and contractors) and A-Beautiful Pools, Inc., (including its directors, officers, shareholders, employees and contractors) from and against any and all claims, actions, suits, damages, judgments, demands, losses, costs, expenses and disbursements, including court costs and attorneys’ fees, that arise out of, are in any way (directly or indirectly) related to, or are caused by, Applicant’s the use of the Facilities and/or Applicant’s rights of access to the Facilities, even when such claims, actions, suits, damages, judgments, demands, losses, costs, expenses and disbursements, including court costs and attorneys’ fees, result from, arise out of, and/or are related to, in whole or in part, the Association’s negligence and/or the negligence of the Association’s managing agent, and/or their respective agents, directors, officers, members, attorneys, employees, and contractors. 5. THIS INDEMNITY AND RELEASE PROVISION IS INTENDED TO INDEMNIFY AND RELEASE THE ASSOCIATION AND A-BEAUTIFUL POOLS, INC., AGAINST THE CONSEQUENCES OF ITS OWN NEGLIGENCE OR FAULT AS PROVIDED ABOVE, EVEN WHEN THE ASSOCIATION IS SOLELY, JOINTLY, COMPARATIVELY OR CONCURRENTLY NEGLIGENT OR OTHERWISE STRICTLY LIABLE. BY SIGNING THIS AGREEMENT, I UNDERSTAND, ACCEPT, AND AGREE THAT THE INTENT OF THIS INDEMNIFICATION CLAUSE IS THAT I SHALL INDEMNIFY THE ASSOCIATION (INCLUDING BUT NOT LIMITED TO ITS MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS) AND A-BEAUTIFUL POOLS, INC., FOR ANY AND ALL MONIES, COSTS, DAMAGES, LOSSES, AND/OR EXPENSES THE ASSOCIATION INCURS, INCLUDING (BUT NOT LIMITED TO) ATTORNEYS FEES, COSTS, SETTLEMENTS, AND/OR JUDGMENTS, RELATED TO, RESULTING FROM, AND/OR DUE TO, ANY INJURY TO MYSELF, MY GUESTS, MY FAMILY MEMBERS, AND/OR ANY PERSON OR PERSONS, (INCLUDING BUT NOT LIMITED TO INJURIES TO REAL PROPERTY AND/OR WRONGFUL DEATH) THAT RESULTED FROM, WERE IN CONNECTION WITH, AND/OR WERE RELATED TO, IN ANY WAY, MY USE OF, AND/OR MY RIGHT OF ACCESS TO, THE FACILITIES, EVEN IF THE ASSOCIATION’S OWN NEGLIGENCE AND/OR A-BEAUTIFUL POOLS, INC.’S OWN NEGLIGENCE CAUSED THE INJURY AT ISSUE. COVID-19 WARNING/DISCLAIMER ***WARNING: COVID-19 Pandemic is Ongoing and Dangerous*** The novel coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Accessing the Facilities could increase the risk of contracting COVID-19. The Association and/or A-Beautiful Pools, Inc., in no way, and in no form or fashion, warrant, promise, or, covenant, that COVID-19 infection will not occur through accessing our Facilities. After reading this form in its entirety, I acknowledge/affirm the following (check boxes if true): I understand the symptoms generally associated with COVID-19 and affirm that I do not currently have, nor have I experienced, COVID-19 symptoms within the last twenty-one (21) days. I Agree I affirm that I, and no member of my household, and no person with whom I reside, has tested positive for, or been diagnosed with, COVID-19 within the last forty-five (45) days. I Agree I affirm that I have not been within six (6) feet of any person that I know or believe has tested positive for, or been diagnosed with, COVID-19 within the last forty-five (45) days. I Agree I affirm that I have not travelled, and no member of my household, and no person with whom I reside have travelled, outside of the country, or to any city considered to be a “hot spot” for COVID-19, within the last thirty (30) days. I Agree I affirm that if I, or any member of my household, or person with whom I reside, becomes infected with or exposed to COVID-19, the exposed and infected individuals will not enter the Association Facilities for at least thirty (30) days subsequent to a test showing said individual or individuals are negative for COVID-19. I Agree I understand that Seven Meadows Community Association, Inc., and A-Beautiful Pools, Inc., cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form by, or the health history of, each Facility user. I Agree I affirm that I understand that Seven Meadows Community Association, Inc., and A-Beautiful Pools, Inc., are not responsible for ensuring I do not contract COVID-19 while using the Facilities, and I further affirm that I understand Seven Meadows Community Association, Inc., and A-Beautiful Pools, Inc., have no obligation to protect me from the COVID-19 pandemic while I use the Facilities. I Agree I understand that any social distancing and cleanliness efforts made within the Facilities cannot ensure protection from COVID-19, and that the Association and A-Beautiful Pools, Inc., make no representations or warranties that the Facilities will be in compliance with any social distancing or cleanliness standards issued by governmental authorities or agencies. I Agree I understand that Federal and state authorities recommend social distancing as a means to prevent the spread of the COVID-19 virus and I AM ACCESSING ASSOCIATION FACILITIES AT MY OWN RISK. I Agree 6. This Agreement shall be governed by the Laws of the State of Texas and the sole venue for any litigation related to this Agreement shall be the District Courts of Fort Bend County, Texas. 7. If any provision of this Agreement is determined to be illegal or unenforceable for any reason, the remaining provisions hereof shall not be affected thereby. 8. THIS IS THE ENTIRE AGREEMENT REGARDING THE SUBJECTS ADDRESSED IN THIS AGREEMENT. The Applicant promises, covenants, warrants, and agrees that Applicant enters into this Agreement based solely on the terms outlined herein, and Applicant, the Association, and A-Beautiful Pools, Inc., further agree there are no other terms, representations, understandings, promises, or guarantees, whether written or oral, between them regarding the subjects addressed herein. Applicant, the Association, and A-Beautiful Pools, Inc., expressly warrant, agree, and represent that this Agreement represents the entire understanding of the Applicant, the Association, and A-Beautiful Pools, Inc., and that no promises or covenants which are not herein expressed have been made to them in executing this Agreement, and that they are not relying upon any statement, inducement or representation of any party or any representative of any party in entering this Agreement except as expressly outlined herein. The Applicant and the Association hereby covenant, warrant, and agree that because this Agreement represents the full and complete understanding of the Applicant and the Association, any future suit or cause of action (at law or in equity), by either any of them which claims this Agreement was induced due to promises or representations not outlined herein, would on its face be baseless and groundless because this Agreement represents the entire agreement and understanding of the parties related to the subject matter herein. For all additional individuals listed in this agreement that are fulltime residents under eighteen (18) years of age; I/We, as their parent(s) or guardian(s), hereby take full responsibility for them to the fullest extent provided by this entire Agreement. I Agree By signing below, I promise, covenant, warrant, and agree that I have read this entire Agreement, and that I fully and completely understand the Agreement, and that I have been given the opportunity to consult counsel regarding the Agreement. By signing below, I promise, covenant, warrant, and agree with every statement above, and it is my wish to release Seven Meadows Community Association, Inc., and A-Beautiful Pools, Inc., from any and all liability for unintentional exposure or harm due to COVID-19, as referenced herein and to the fullest extent possible under the law. I also represent that I am a member of the Association. |
