July 3, 2020
WHEREAS Copper Lakes Homeowners Association, (hereinafter the “Association”) a Texas nonprofit corporation, is the governing entity for Copper Lakes, Sections 1-17, additions in Harris County, Texas, according to the maps or plats thereof, recorded in the Map Records of Harris County, Texas, described in Exhibit “A”, attached hereto, along with any amendments, supplements and replats thereto (the “Subdivision”); and,
WHEREAS the Association is the owner of various amenities, including but not limited to a swimming pool, a playground, and tennis courts; (all the Association’s amenities, including those amenities not explicitly listed, hereinafter referred to as the “Facilities”) and,
WHEREAS the undersigned, whether one or more (hereinafter the “Applicant”), is a member of Association, and desires to utilize the Facilities, including use of the Facilities during the ongoing COVID-19 Pandemic; and,
WHEREAS the Association is not obligated to allow use of the Facilities during the ongoing COVID-19 Pandemic, and has the sole authority and discretion, subject only to government orders and specific applicable law, to determine when, and under what conditions, Facilities may be utilized by members; 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 from any and all liability in connection with such use, including, but not limited to, liabilities related to COVID-19 and any other bacteria or virus-related events; and,
WHEREAS without the agreement of Applicant as set forth herein, the Association would not otherwise permit the Applicant to use the Facilities at any time, including, but not limited to, the time of the ongoing COVID-19 pandemic; and,
NOW THEREFORE, pursuant to the foregoing, the Applicant and the Association hereby agree as follows:
In consideration of the Association permitting Applicant to utilize the Facilities, I/ We the undersigned Applicant(s), on behalf of ourselves, as well as our children, dependents, family, guests, invitee’s, licensee’s, heirs, assigns, trustees, agents and estates, and all other persons for whom I/we can legally grant a release, (hereinafter the “Releasing Parties”), do hereby accept sole responsibility for any and all damages caused to the person or property of the Releasing Parties, including bodily injury and death, including but not limited to any illness or injury related to, or as a result of, exposure to COVID-19, or any other virus-related, or bacteria-related events, that arise out of, in any way, directly or indirectly, from the use of the Facilities; and I/we hereby agree to:
A) RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS the Association and the Association’s respective management company, agents, directors, officers, members, managers, attorneys, employees and contractors (together hereinafter the “Released Parties”), 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 injuries to the Releasing Parties (including but not limited to wrongful death, personal injury, and injury to property), arising out of, related to, or caused in connection with, in whole or in part, from the use of and/or the right of access to, the Facilities by the Applicant and/or the Releasing Parties; and,
B) RELEASE, INDEMNIFY AND HOLD HARMLESS, Copper Lakes Homeowners Association, and ITS agents, directors, officers, members, managers, attorneys, employees and contractors, ON BEHALF OF THE RELEASING PARTIES, 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, arising out of, AND/OR RELATED TO, IN WHOLE OR IN PART, FROM THE NEGLIGENCE OF Copper Lakes Homeowners Association, and ITS respective agents, directors, officers, members, managers, attorneys, employees and contractors AS IT RELATES TO THE USE OF AND/OR RIGHT OF ACCESS TO, THE FACILITIES BY THE APPLICANT AND/OR RELEASING PARTIES.
C) THIS INDEMNITY AND RELEASE PROVISION IS INTENDED TO INDEMNIFY AND RELEASE THE RELEASED PARTIES AGAINST THE CONSEQUENCES OF THEIR OWN NEGLIGENCE OR FAULT AS PROVIDED ABOVE, EVEN WHEN THE RELEASED PARTIES ARE 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 RELEASED PARTIES (INCLUDING BUT NOT LIMITED TO THEIR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS) FOR ANY AND ALL MONIES, COSTS, DAMAGES, LOSSES, AND/OR EXPENSES THE RELEASED PARTIES 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 (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 RELEASED PARTIES OWN NEGLIGENCE CAUSED THE INJURY AT ISSUE.
***I understand that signing this Agreement prevents me, and anyone I give Facilities access to, from filing a lawsuit against Copper Lakes Homeowners Association, and anyone associated with Copper Lakes Homeowners Association, if anything happens to myself or anyone else while utilizing the Facilities***
I agree to comply with all posted rules, and will ensure that everyone I am signing on behalf of, does the same.
***WARNING: COVID-19 Pandemic is Ongoing***
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. : Symptoms include: cough, shortness of breath, fever, chills, muscle pain, sore throat, new loss of taste/smell, trouble breathing, persistent pain or pressure in the chest, new confusion, inability to wake or stay awake, bluish lips or face.
COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Accessing ASSOCIATION Facilities could increase the risk of contracting COVID-19.
Copper Lakes Homeowners Association, in no way warrants that COVID-19 infection will not occur through accessing the Facilities.
After reading this form in its entirety, I acknowledge/affirm the following (check boxes if true):
I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE LAST 14 DAYS.
I affirm that I, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
I affirm that I, as well as all household members, have not traveled outside of the country, or to any city considered to be a "hot spot" for COVID-19 infections WITHIN THE PAST 30 DAYS.
I affirm that if myself or any household members, become infected with or exposed to COVID-19, the exposed and infected individuals will not enter the Association FACILITIES for 30 days following a subsequent test showing negative for COVID-19.
I understand that Copper Lakes Homeowners Association 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 understand the risks associated with exposure to the COVID-19 virus and I agree to release any and all potential claims against Copper Lakes Homeowners Association for any injury or illness that results from exposure to the COVID-19 virus while accessing the Facilities.
I understand that any social distancing and cleanliness efforts made within Facilities cannot ensure protection from COVID-19, and that Copper Lakes Homeowners Association makes 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 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.
THIS IS THE ENTIRE AGREEMENT. The Applicant promises, covenants, warrants, and agrees that Applicant enters into this Agreement based solely on the terms outlined herein, and Applicant and the Association further agree there are no other terms, representations, understandings, promises, or guarantees, whether written or oral, between them. Applicant and the Association expressly warrant, agree, and represent that this Agreement represents the entire understanding of the Applicant and the Association, 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.