CINCO RESIDENTIAL PROPERTY ASSOCIATION, INC.
Use of Association Swimming Pool – Enter and Swim at Your Own Risk.
Assumption of Risk and Waiver of Liability Agreement – COVID-19
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 Cinco Ranch facilities and swimming pool, now or at any time in the future.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Cinco Residential Property Association, Inc. (“CINCO”) has put in place preventative measures to reduce the spread of COVID-19; however, CINCO and A-BEAUTIFUL POOLS, INC, cannot guarantee that you or your child(ren) will not become infected with COVID-19. A-Beautiful Pools, Inc. and CINCO in no way warrant that COVID-19 infection will not occur through swimming or attendance of accessing CINCO’s pools and facilities. Further, entering the pool and surrounding facilities could increase your risk and your child(ren)’s risk of contracting COVID-19.
This Assumption of Risk and Waiver of Liability Agreement (“Agreement”) relating to COVID-19 is made and executed as of the date below, by the undersigned, being a resident or owner of the Cinco Ranch Subdivision. This Agreement pertains to use of the pools and surrounding facilities in Cinco Ranch in Katy, TX.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by utilizing CINCO’s facilities, including the pool and surrounding areas, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at or near the pool may result from the actions, omissions, or negligence of myself and others, including, but not limited to, A-Beautiful Pools, Inc. and CINCO, its employees, agents, volunteers, members, officers, directors, and managers.
Risks associated with using the pool and surrounding facilities include, but are not limited to, risk of injury and loss, both to person and property, exposure to and infection with viruses or bacteria, permanent disability, and death. This Agreement shall encompass all risks associated with any use I and my child(ren), guest, or resident make of the pool and surrounding facilities, including, particularly, such risks created by the existence of COVID-19 and the actions, inactions, or negligence on the part of A-Beautiful Pools, Inc. or CINCO's members, officers, directors, employees, volunteers, or assigns, including but not limited to risks created by the following: (a) the use and condition of the pool and surrounding facilities; and (b) the lack or inadequacy of policies, rules, or regulations governing the use of the pool and surrounding facilities.
I, the undersigned, do hereby execute this Agreement for myself and my heirs and acknowledge the inherent risks involved in the use of the pool and surrounding facilities, which risks include, but are not limited to bodily injury, sickness, exposure and infection with viruses or bacteria, disease or death. I also acknowledge and understand that use of the pool and surrounding facilities by myself and my child(ren), guests, and residents (including tenants) is potentially dangerous and that the type of injury or damages which may result cannot be foreseen. Despite this fact, I acknowledge and agree as follows:
I understand and confirm that me and my child(ren), household members, and guests use of the pool and surrounding facilities is voluntary. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with use of the pool and surrounding facilities. I accept responsibility for any liability, injury, loss, or damage in any way connected with my use and my child(ren)’s, household members, residents, or guests use of the pool and surrounding facilities.
Until permitted by CINCO, I agree to refrain from bringing guests to the pool and surrounding facilities.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s use of the pool and surrounding facilities (“Claims”). On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless CINCO and A-BEAUTIFUL POOLS, INC., its employees, agents, volunteers, members, directors, managers, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of CINCO and A-BEAUTIFUL POOLS, INC. and its employees, agents, volunteers, members, directors, managers, and representatives, whether a COVID-19 infection occurs before, during, or after use of the pool and surrounding areas.
This instrument shall be binding upon me and my child(ren), residents, guests, and our household members, relatives, personal representatives, heirs, beneficiaries, next of kin, and assigns and shall inure to the benefit of the CINCO's members, directors, officers, employees, agents, managers, volunteers, and assigns.
If any term or provision of this Agreement shall to any extent or for any reason be invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of the instrument shall be valid and enforced to the fullest extent permitted by law. This Agreement shall not be construed against the drafter.
Because the pool and CINCO are located in the State of Texas, and in order to provide certainty in the law to be applied to the construction of this instrument, this instrument shall be governed, construed, and enforced in accordance with the law of the State of Texas. Any claims related to this Agreement must be brought in Fort Bend County District Court.
In consideration for being allowed to use the pool and surrounding facilities, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged:
I, ON BEHALF OF MYSELF, MY CHILD(REN), HOUSEHOLD MEMBERS, GUESTS, AND RESIDENTS, AGREE TO RELEASE AND HOLD HARMLESS A-BEAUTIFUL POOLS, INC. AND CINCO AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND ASSIGNS FROM ALL LIABILITY AND CLAIMS, DEMANDS, DAMAGES AND COSTS FOR OR ARISING OUT OF: (1) ANY DAMAGE, INJURY, DISEASE, SICKNESS OR DEATH RELATED TO THE USE OR OPERATION OF THE POOL AND SURROUNDING FACILITIES.
I UNDERSTAND, ACKNOWLEDGE AND STIPULATE THIS AGREEMENT I HAVE AGREED TO HEREIN APPLIES TO AND INCLUDES ANY SUCH CLAIMS, DEMANDS, DAMAGES AND COSTS ARISING OUT OF NEGLIGENCE ON THE PART OF A-BEAUTIFUL POOLS, INC., CINCO AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR ASSIGNS.
I HAVE CAREFULLY READ THIS AGREEMENT, KNOW AND UNDERSTAND ITS CONTENT, AND SIGN IT AS MY FREE AND VOLUNTARY ACT.
I 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.