In consideration of my use and the use by my family, friends, relatives, guests, and invitees (collectively the “Releasing Parties”) of the swimming pool and related facilities and improvements (collectively the “Pool”) located upon property owned by Cinco Ranch Residential Association II, Inc., a Texas non-profit corporation (the “CRRA2”), the Releasing Parties hereby forever release, hold harmless and covenant not-to-sue CRRA2, its board of directors, officers, members, employees, management companies, volunteers, agents, independent contractors and all others who are involved with the CRRA2 (the “Released Parties”), from any and all present and future claims for property damage, personal injury, or wrongful death, arising as a result of the use of the Pool in any manner whatsoever. The Releasing Parties voluntarily waive any and all claims, both present and future, that may be made by one or more of us, and the Releasing Parties relinquish on behalf of themselves and anyone acting on their behalf the right to recover for any harm, damage, injury, or death. Notwithstanding the Releasing Parties’ covenants and agreements herein, the owner/tenant/resident of a lot governed by the CRRA2, by signing this agreement and allowing the Releasing Parties access and use to the Pool, also binds the Releasing Parties to the covenants and agreements herein, and the Releasing Parties consent to same.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASING PARTIES AGREE TO INDEMNIFY, PROTECT, HOLD HARMLESS AND DEFEND THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, INJURIES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, LIABILITIES AND EXPENSES, INCLUDING COURT COSTS AND ATTORNEY’S FEES OF ANY NATURE, KIND OR DESCRIPTION (INCLUDING WITHOUT LIMITATION, CLAIMS FOR
PROPERTY DAMAGE, INJURIES TO OR DEATH OF ANY PERSON) ARISING OUT OF USE OF THE POOLS AND SURROUNDING FACILITIES AND IMPROVEMENTS BY THE RELEASING PARTIES, REGARDLESS OF WHETHER SUCH PARTY HAS SIGNED THIS AGREEMENT OR NOT, IN ANY WAY RELATED TO THE POOLS AND SURROUNDING FACILITIES AND IMPROVEMENTS OR THEIR USE BY THIRD PARTIES, REGARDLESS AS TO WHETHER THE SAME MAY ARISE OUT OF THE ACTUAL OR ALLEGED NEGLIGENCE OF THE RELEASED PARTIES. THIS INDEMNITY PROVISION IS INTENDED TO INDEMNIFY THE RELEASED PARTIES AGAINST THE CONSEQUENCES OF THEIR OWN NEGLIGENCE OR FAULT AS PROVIDED ABOVE EVEN WHEN THE RELEASED PARTIES ARE SOLELY, JOINTLY, COMPARATIVELY, OR CONCURRENTLY NEGLIGENT.
COVID-19. COVID-19 is an extremely dangerous virus and can lead to severe illness, injury, and death. The undersigned acknowledges that the Pool is not maintained, cleaned or sanitized in a way to control the spread of the COVID-19 virus and use of the Pool could increase the risk of contracting COVID-19. The undersigned further acknowledges that the undersigned and Releasing Parties will follow any and all guidelines issued by the Centers for Disease Control and Prevention, federal, state or local governments or authorities concerning the use of the Pool and limiting the spread of the COVID-19 virus. This includes, but is not limited to, adhering to capacity limitations, washing and disinfecting your hands, no parties or gatherings, no using the Pool if you have been in close contact with a person who is lab confirmed to have the COVID-19 virus, or if you have a cough, shortness of breath, chills, muscle pain, headache, sore throat, loss of taste or smell, diarrhea, fever or other symptoms of illness, and maintaining at least six (6’) feet between you and other people who are not a part of your household. Further, wearing a facemask is encouraged when not exercising or swimming. The undersigned acknowledges and agrees that the release, indemnification and waiver provisions contained herein also include claims relating in any manner whatsoever to the COVID-19 virus.