PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THORNHILL COMMUNITY ASSOCIATION, INC. - I, the undersigned, wish to use the Thornhill Community Association, Inc. (“Thornhill” or Association”) common area Amenities, including the Association’s tennis courts, basketball courts, playground, pavilion, pool, and/or pond area (the “Common Amenities’”) located at or near 6501 Elmstone Dr, Charlotte, NC 28277.
- I am fully aware of and accept the risks involved and hazards connected with access to use of the Common Amenities, and I hereby elect on behalf of myself and my family members to voluntarily participate in said activity and use with full knowledge that said activity and use may be hazardous to me, my family members, and/or our property. I, individually and on behalf of my family members, voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me or any of my family members, or any loss or damage to property owned by me or my family members, as a result of being engaged in such an activity and use, whether caused by the negligence of Releasees or otherwise.
- As a Thornhill Member or resident, I understand and agree to follow the Thornhill Recreation Facility Regulations which can be found at https://www.thornhillnc.net/index.php/tca/documents-studies.
- In consideration for access to and use of Common Amenities, I hereby release, waive, discharge, and covenant not to sue the Association and/or its officers, agents, servants, or employees (hereinafter referred to as Releasees) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, my family members, or guests, or any of the property belonging to my family members, or guests, whether caused by the negligence of the Releasees, or otherwise, while participating in such use, or while in, on or upon the premises the Common Amenities are located.
- I further hereby agree to indemnify and hold harmless the Releasees from loss, liability, damage or costs, including court costs and attorney fees, that they incur due to my participation in said activity and use, whether caused by the negligence of Releasees or otherwise.
- It is my express intent that this Waiver of Liability and Release Agreement shall bind me and the members of my family, if I am alive, and my heirs, assigns personal representative, if I am deceased, and shall be deemed as our release, discharge and covenant not to sue the above-named Releasees. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of North Carolina.
- In signing this release, I acknowledge and represent that I have read the foregoing Waiver of Liability and Release Agreement, understand it and sign it voluntarily as my own free act and deed on behalf of myself and my family members; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I, individually and on behalf of my family members, execute this release for full, adequate and complete consideration fully intending to be bound by same.
October 9, 2024
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