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.