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Required for swimming during non-guarded hours - Effective 5/29/2020

SEVEN MEADOWS COMMUNITY ASSOCIATION, INC.
RELEASE & INDEMNITY FOR USE OF ASSOCIATION POOL

STATE OF TEXAS 

COUNTY OF FORT BEND 

 

WHEREAS, Seven Meadows Community Association, Inc. (the “ASSOCIATION”), is the owner of a swimming pool located at 9002 S. Fry Rd., Katy, Texas 77494, (the “GASTON POOL”); and

WHEREAS, the undersigned, (the “APPLICANT”), is a member of the ASSOCIATION, and desires to utilize the GASTON POOL outside of regular hours when there will be no lifeguards present (the “UNGUARDED HOURS”); and

WHEREAS, the ASSOCIATION has no obligation to permit the use of GASTON POOL by APPLICANT during UNGUARDED HOURS, but desires to accommodate the request without undertaking any liability with respect to such use;  and

WHEREAS, as part of the consideration for allowing APPLICANT to use the GASTON POOL during UNGUARDED HOURS, the ASSOCIATION requires that APPLICANT release, indemnify and hold harmless the ASSOCIATION from all liability in connection with such use by APPLICANT;  and

WHEREAS, without the agreement of APPLICANT as set forth herein, the ASSOCIATION would not otherwise permit APPLICANT to use the GASTON POOL during UNGUARDED HOURS; and

WHEREAS, the ASSOCIATION is relying on the representations by Agreement of APPLICANT herein, in permitting APPLICANT to use the GASTON POOL during UNGUARDED HOURS;

NOW THEREFORE, pursuant to the foregoing, the APPLICANT and the ASSOCIATION, hereby agree as follows:

 

AGREEMENT


I. In consideration of the ASSOCIATION permitting APPLICANT to utilize the GASTON POOL during UNGUARDED HOURS, I, the undersigned APPLICANT, on behalf of myself, as well as my children, family, heirs, assigns, trustees, agents and estates, and all other persons for whom I can legally grant a release, do hereby accept responsibility for any and all damages caused to my person or property, including bodily injury and death, that arise out of, in any way, directly or indirectly, my use of GASTON POOL during UNGUARDED HOURS; and I, on behalf of myself, as well as my children, family, heirs, assigns, trustees, agents and estates, and all other persons for whom I can legally grant a release hereby agree to:

A) RELEASE, INDEMNIFY, and HOLD HARMLESS the ASSOCIATION, its agents, its managing agent and their respective agents, its directors, officers, members, employees and contractors, from any and all liabilities, costs, claims, deductibles, damages of any kind, and suits arising, in whole or in part, from my use of the GASTON POOL during UNGUARDED HOURS; and

B) RELEASE, INDEMNITY AND HOLD HARMLESS, SEVEN MEADOWS COMMUNITY ASSOCIATION, INC., ITS MANAGING AGENT AND THEIR RESPECTIVE AGENTS, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND CONTRACTORS, FROM ANY CAUSE OF ACTION ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF ASSOCIATION, ITS MANAGING AGENT AND THEIR RESPECTIVE AGENTS, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND CONTRACTORS AS IT RELATES TO MY USE OF THE GASTON POOL DURING UNGUARDED HOURS;

II. The undersigned APPLICANT further acknowledges, recognizes and explicitly agrees, that access to the GASTON POOL during UNGUARDED HOURS is strictly limited to those persons who are Members of the Association and have signed and delivered to the Association this notarized Release and Indemnity Agreement (an “AUTHORIZED PERSON”), any person who is
not an AUTHORIZED PERSON is strictly prohibited access to the GASTON POOL during UNGUARDED HOURS, is considered to be at GASTON POOL without consent and is considered an “UNAUTHORIZED PERSON”.

The undersigned APPLICANT further acknowledges, recognizes and explicitly agrees, that no UNAUTHORIZED PERSON is permitted under any circumstances within the secured
gated area of the GASTON POOL, during UNGUARDED HOURS
; that APPLICANT will not permit access to any other person during UNGUARDED HOURS, that APPLICANT will immediately lose his right to use the GASTON POOL, during UNGUARDED HOURS, if APPLICANT permits such access to any other person, and further agrees to:

A) RELEASE, INDEMNIFY, and HOLD HARMLESS the ASSOCIATION, its agents, its managing agent and their respective agents, its directors, officers, members, employees and contractors, from any and all liabilities, costs, claims, deductibles, damages of any kind, and suits arising, in whole or in part from my allowing access to any other person to GASTON POOL during UNGUARDED HOURS; and

B) RELEASE, INDEMNITY AND HOLD HARMLESS, SEVEN MEADOWS COMMUNITY ASSOCIATION, INC., ITS MANAGING AGENT AND THEIR RESPECTIVE AGENTS, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND CONTRACTORS, FROM ANY CAUSE OF ACTION ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF ASSOCIATION, ITS MANAGING AGENT AND THEIR RESPECTIVE AGENTS, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND CONTRACTORS AS IT RELATES TO MY ALLOWING ACCESS TO ANY OTHER PERSON TO THE GASTON POOL DURING UNGUARDED HOURS;

III. The undersigned APPLICANT, hereby agrees to, at all times when using GASTON POOL during UNGUARDED HOURS, follow all posted pool rules, in addition, the undersigned APPLICANT hereby agrees and acknowledges the following:

-APPLICANT shall not allow access to the secured gated area of GASTON POOL to any other person, whether authorized or not, during UNGUARDED HOURS; other AUTHORIZED PERSONS must gain access individually, via their own access card; entry into GASTON POOL during UNGUARDED HOURS shall be one at a time, with the gate securely closing after entry and before other AUTHORIZED PERSONS enter.

-Non-Member guests are not permitted at any time within the GASTON POOL during UNGUARDED HOURS, except as specifically authorized in advance by the ASSOCIATION, in writing, and by virtue of having delivered this signed Release and Indemnity Agreement.

-APPLICANT is responsible for all personal property brought within GASTON POOL.

-APPLICANT is swimming at his/her own risk during UNGUARDED HOURS.

 

CERTIFICATION

“I, the undersigned APPLICANT, hereby represent to the ASSOCIATION with my understanding that the ASSOCIATION is relying on my representations herein, that I have read the foregoing RELEASE & INDEMNITY FOR USE OF ASSOCIATION POOL, in its entirety and agree to each and every provision stated herein, and I execute this instrument as my act and deed and with full understanding of the matters discussed herein as understood by myself or as explained to me by advise of legal counsel which I either obtained in advance or hereby expressly waive.”

First Resident's Name

First Name*

Middle Name

Last Name*

Phone*
First Resident's Date of Birth*
I certify that I am 18 years of age or older
First Resident's Signature*
Second Resident's Name

First Name*

Middle Name

Last Name*
Second Resident's Date of Birth*
Third Resident's Name

First Name*

Middle Name

Last Name*
Third Resident's Date of Birth*
Fourth Resident's Name

First Name*

Middle Name

Last Name*
Fourth Resident's Date of Birth*
Fifth Resident's Name

First Name*

Middle Name

Last Name*
Fifth Resident's Date of Birth*
Sixth Resident's Name

First Name*

Middle Name

Last Name*
Sixth Resident's Date of Birth*
Seventh Resident's Name

First Name*

Middle Name

Last Name*
Seventh Resident's Date of Birth*
Eighth Resident's Name

First Name*

Middle Name

Last Name*
Eighth Resident's Date of Birth*
Ninth Resident's Name

First Name*

Middle Name

Last Name*
Ninth Resident's Date of Birth*
Tenth Resident's Name

First Name*

Middle Name

Last Name*
Tenth Resident's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Access Card Number(s)

Please enter the last four (4) digits BEFORE the space on each card. Example: for card number "W205112 11102059046-1", please enter "5112". Please separate multiple card numbers with a semicolon. If you do not have an access card, please inform Seven Meadows management staff at info@sevenmeadowslive.com for further assistance.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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