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Windsong Ranch Community Association COVID-19: Pool, Lagoon, & Amenity Related Facilities

RELEASE, WAIVER OF LIABILITY, INDEMNITY AND ASSUMPTION OF RISK


Due to COVID-19 Concerns and Various Directives from Municipal and State Authorities, Use of the Pool, Lagoon and Related Amenity Facilities Will be Allowed Only After You Sign this Release.

 

I understand COVID-19 is an easily transmittable and contagious virus and there are no known measures to insulate myself from infection. I also understand that any insurance maintained by the owner and operator of the pool, Lagoon and related facilities will likely not provide coverage for bodily injury, including permanent disability, paralysis and death, resulting from infection by the COVID-19 virus. By entering and using the pool, Lagoon and related facilities I am knowingly and voluntarily subjecting myself and my family members to possible exposure to the COVID-19 virus and the consequences thereof.  I will undertake all reasonable measures to protect myself and my family members and others who use the pool, Lagoon and amenity related facilities from exposure or infection. I fully understand that the use of the pool, Lagoon and amenity related facilities may involve risks of serious bodily injury, including permanent disability, paralysis and death, caused by contraction of the COVID-19 virus due to: (i) my own actions, or inactions, (ii) the actions or inactions of third-parties using the pool, Lagoon and amenity related facilities, and (iii) the actions or inactions of the Windsong Ranch Community Association (collectively, the “Risks”). I fully understand, accept and assume all such Risks and all responsibility for losses, costs and damages that either myself or my family incur as a result of such Risks.


In consideration of being allowed to use the pool, Lagoon and amenity related facilities, on my behalf and on behalf of my heirs, representatives and assigns, I and my family members hereby release, forever discharge and covenant not to sue the Windsong Ranch Community Association, Tellus Group LLC, VP Windsong Operations LLC, CCMC, its respective directors, officers, agents, employees and contractors (collectively, the “Releasees”) from all liability, claims, demands, losses or damages suffered by me or any of my family members on my account of, or alleged to be caused, in whole or in part, by the negligence or gross negligence of the Releasees or otherwise, resulting in my or any of my family members exposure to or infection by the COVID-19 virus. I further warrant, covenant and agree that the release, waiver and assumption of the risk contained herein shall be binding on anyone who makes a claim against any of the Releasees on my behalf or resulting from injuries which I may incur or suffer. I further agree to INDEMNIFY AND HOLD THE RELEASEES HARMLESS from any claim asserted by or on behalf of my family members based on facts or circumstances encompassed by the Risks.


In further consideration of being allowed to use the pool, Lagoon and amenity related facilities, I hereby affirm that neither I nor any of my family members: (i) have a cough, fever, shortness of breath, or (ii) have been sick in the past two weeks or exposed to someone who has been sick in the past two weeks.

My family members and I agree to practice preventative actions issued by the CDC to prevent the spread of COVID-19 including, but not limited to, maintaining physical distance of at least six feet between persons.
I have read this RELEASE, WAIVER OF LIABILITY, INDEMNITY AND  ASSUMPTION  OF
RISK, understand that I and my family members have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. 

Any violation of the Association’s Rules is subject to immediate removal and suspension of privilege.

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant'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*
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.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
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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