I acknowledge the following: that the novel coronavirus, known as COVID-19, has been declared a worldwide pandemic; that COVID-19 is extremely contagious and believed to spread from person-to-person contact, even in people exhibiting no symptoms; that federal, state, and local governments and related health agencies recommend social distancing (maintaining at least 6 feet’s distance from others), among other things, and avoiding large gatherings of people; that, as permitted, while my community is allowing a restricted opening of my community’s pool (sometimes referred to as the “Facility”), the dangers of the spread of COVID-19 still exist, and may continue to exist even after the pandemic is over; and that, the Facility cannot guarantee that I, or my child(ren) or other dependents, will not be exposed and become infected with COVID-19 while at the pool; and that visiting the pool could increase our risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID- 19 and voluntarily assume the risk that any and all of my children or other dependents, and I, could be exposed to or become infected by COVID-19 by entering, visiting, or using the pool. I acknowledge and understand that such exposure to COVID-19 could result in infection that may cause bodily injury, illness, permanent disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 at the pool may result from the actions, omissions, or negligence of me or others, including but not limited to the Facility owners, its affiliates, managers, employees or representatives of any of them, or other residents. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any and all injury or damage to my child(ren), or me (including but not limited to bodily injury, disability, or death), as well as any and all other illness, damage, loss, claims, liabilities, or expenses, of any kind, that my child(ren), or I may suffer, sustain, or incur in any way arising out of or in connection with entry or usage of the Facility pool (all of the above constituting the “Claims”).
On my behalf, and on behalf of all of my minor children or other dependents, I hereby release, covenant not to sue, discharge, indemnify, and hold harmless D.R. Horton, Inc., its subsidiaries and affiliates, any subdivision homeowners’ association or other subdivision community association, any Facility management company, and the officers, employees, agents, and representatives of any of the foregoing (the “Releasees”), 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 the Releasees, whether a COVID-19 infection occurs before, during, or after entry, visit, or usage of the Facility.
Date: January 24, 2021