March 5, 2021
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in its entirety. By signing this agreement, you give up your right to bring any action (in a court of law, arbitration or any other legal forum) to recover compensation or obtain any other remedy for any personal injury or property damage however caused arising out of your attendance to the Coles Crossing facilities and swimming pool, now or at any time in the future.
Acknowledgment of Risk
I hereby acknowledge and agree that utilizing the facilities and swimming pool comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with use of the facilities and swimming pool, including but in no way limited to: (1) slips, trips, and falls, (2) aquatic injuries, (3) athletic injuries, and (4) illness, including exposure to and infection with viruses or bacteria. I further acknowledge that the preceding list is not inclusive of all possible risks associated with the use of the facilities and swimming pool and that said list in no way limits the operation of this Agreement.
Coronavirus / COVID-19 Warning & Disclaimer
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 mean to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Utilizing the facilities and swimming pool and accessing Coles Crossing facilities could increase the risk of contracting COVID-19. A-Beautiful Pools, Inc. and Coles Crossing in no way warrants that COVID-19 infection will not occur through swimming or attendance of Coles Crossing facilities and swimming pool.
Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of my participation of swimming and/or attendance to the Coles Crossing facilities and swimming pool, I, the undersigned participant, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE A-Beautiful Pools, Inc. and Coles Crossing, its officers, directors, shareholders, employees, volunteers, agents, representatives and insurers (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against A-Beautiful Pools, Inc. and Coles Crossing account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of Coles Crossing facilities and swimming pool/equipment whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees.
In consideration of my or attendance to the Coles Crossing facilities and swimming pool, I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my or attendance to the Coles Crossing facilities and swimming pool.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in Coles Crossing facilities and swimming pool attendance, and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while participating in attendance to the facility and swimming pool, and that by signing this agreement I HEREBY RELEASE Releasees from all liability for such loss, damage, or death. I further certify that I am in good health and that I have no conditions or impairments which may preclude my safe participation in swimming and/or attendance to the facilities and swimming pool.
I further certify that I am of lawful age and otherwise legally competent to sign this agreement. I further understand that the terms of this agreement are legally binding, I have been provided the opportunity to seek legal counsel prior to signing this instrument and accordingly certify that I am signing this agreement, after having carefully read and understood it, of my own free will.