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DESERT COLOR COMMUNITY ASSOCIATION FACILITY USE WAIVER - 2024

As the owner, occupant, renter, or guest of the referenced property, I certify I am eighteen years of age or older and have read, understand, and agree to follow Desert Color Community Master Association, Inc.’s (“Association”) FACILITY USE GUIDELINES AND RULES AND REGULATIONS. I hereby consent to all fees and enforcement actions the Association may take that are listed in the Facility Use Guidelines and Rules and Regulations, the CC&Rs, and other governing documents of the Association.

 RELEASE OF LIABILITY

 * READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS *

The use of the Association’s facilities and/or amenities is at the user’s own risk and by use of the Association’s facilities and/or amenities, I agree to indemnify, defend and hold harmless the Association, it’s governing Board, Officers, Employees and Representatives for any injury that may result from all claims, damages, judgments and fees arising from the use of the facilities and/or amenities and any Association common area by myself, by my guests, by any minors listed, or by other occupants of the referenced property during the period of time I am occupying or renting the referenced property. I also acknowledge I am responsible for the actions of my guests and any minors listed and I am liable for any fines or enforcement actions taken by the Association against my guests and any minors listed. I hereby certify that all information I have provided in the execution of this Facility Use Waiver is true and correct.

BY SIGNING BELOW, I HEREBY ASSUME ALL OF THE RISKS IN CONNECTION OR ASSOCIATED WITH ANY/ALL USE AND ACTIVITIES WITHIN AND AROUND THE DESERT COLOR COMMUNITY MASTER ASSOCIATION’S AMENITIES AND FACILITIES (the “Activities”), AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE FOLLOWING ENTITIES OR PERSONS FOR ALL CLAIMS OF LIABILITY ARISING OUT OF OR RELATED TO SUCH ACTIVITIES IN CONSIDERATION FOR BEING PERMITTED TO USE AND ACCESS THE COMMON AMENITIES AND FACILITIES: DESERT COLOR COMMUNITY MASTER ASSOCIATION, INC. (“Master Association”) AND ANY OF ITS DECLARANTS, AGENTS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, VENDORS, REPRESENTATIVES, OR PARTICIPANTS (collectively the “Releasees”).

Risks: I acknowledge that access to and use of the Master Association’s common amenities and facilities may not be supervised, may carry with it the potential for death, serious bodily injury, illness, disease, mental anguish, and property loss or damage. Any risks may include, but are not limited to exposure to unsanitary, viral, bacterial, or other conditions conducive to contracting or spreading COVID-19 or other diseases and exposure to actions, negligence, or carelessness of the Releasees and other users of the common amenities. To further protect all Releasees and other users of the common amenities, I certify that to the best of my knowledge that the individuals identified herein are free of any condition that might create undue risk in me/us or others.

Parent / Guardian Certification: I hereby certify and warrant that I am the adult parent or legal guardian of the minor child/children identified herein, and I consent to his/her/their participation in the Activities. I understand and acknowledge that I am fully aware of and assume the risks of said minor child's/children's participation in the Activities. I recognize my responsibility to ensure that said minor child/children does/do not have any medical condition that might create undue risk for themselves or others. I understand that the Releasees shall have no responsibility to pay for damages, injury, medical treatment and/or any related costs or damages if said minor child/children are injured or harmed in any way arising out of the Activities.

Assumption of Risk: In consideration for permitting me and/or the minor child identified herein to participate in any of the Activities, and knowing the risks, which are not limited to those described above, I agree, personally and on behalf of the minor child/children named or referenced herein, to assume all the risks and responsibilities surrounding my and the minor child's/children's participation in the Activities. To the fullest extent allowed by law, I waive, release, hold harmless and agree to indemnify the Releasees, from and against any present or future claim, cause of action, loss or liability for injury to person or property, which I or said minor child/children may suffer, related to my or said minor child's participation in the Activities, within the Master Association’s common amenities and facilities resulting from or arising out of usage or participation regardless of fault. This agreement shall bind my heirs, executors, assigns, legal representatives or any other person who may assert the released claims.

Certification of Consent: I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND IT AND ITS CONTENTS. I AM AWARE THAT THIS IS A CONTRACT FOR A FULL RELEASE OF LEGAL LIABILITY ALONG WITH INDEMNIFICATION OBLIGATIONS, AND I SIGN IT OF MY OWN FREE WILL.

Today's date: July 26, 2024

First Residents Name

First Name*

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

First Name*

Last Name*
Second Residents Date of Birth*
Third Residents Name

First Name*

Last Name*
Third Residents Date of Birth*
Fourth Residents Name

First Name*

Last Name*
Fourth Residents Date of Birth*
Fifth Residents Name

First Name*

Last Name*
Fifth Residents Date of Birth*
Sixth Residents Name

First Name*

Last Name*
Sixth Residents Date of Birth*
Seventh Residents Name

First Name*

Last Name*
Seventh Residents Date of Birth*
Eighth Residents Name

First Name*

Last Name*
Eighth Residents Date of Birth*
Ninth Residents Name

First Name*

Last Name*
Ninth Residents Date of Birth*
Tenth Residents Name

First Name*

Last Name*
Tenth Residents 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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