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Thornhill Community Association - Waiver of Liability and Release Agreement 


PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THORNHILL COMMUNITY ASSOCIATION, INC.

1. I, the undersigned, wish to use the Thornhill Community Association, Inc. (“Thornhill” or Association”) pool facilities and amenities (“pool”) located at 6501 Elmstone Dr, Charlotte, NC 28277, for early morning lap swimming or exercising (“Morning Lap Swim”) during certain set time periods when there is no lifeguard on duty at the pool and when the pool is not open for general use. By using the pool, I recognize and fully understand certain things, including:

a. Early access hours to the pool shall be between 6am - 8am by using an assigned key fob at the pool access gates only.

b. At no time will there be a lifeguard on duty.

c. Morning Lap Swim is limited to lap swimming or other exercise activities by proficient swimmers only.

d. 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.

e. Use of the pool involves certain risks, including but not limited to:

  • The risk of injuries resulting from possible malfunction of the pool equipment. 
  • The risk of injuries resulting from tripping or falling over obstacles in the pool area.
  • The risk of other injuries or illness resulting from participating in any action in the pool.
  • I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming.

2. I am fully aware of and accept the risks involved and hazards connected with access to and use of the pool and 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

3. In consideration for access to and use of the pool, I hereby release, waive, discharge and covenant not to sue the Association and 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 me, 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 where the pool and amenities are located.

4. I further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity and use, whether caused by the negligence of Releasees or otherwise.  

5. 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 and personal representative, if I am deceased, and shall be deemed as our release, waiver, 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.  

6. 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.

December 11, 2024








First Member or Resident Name

First Name*

Middle Name

Last Name*

Phone*
First Member or Resident Date of Birth*
First Member or Resident Signature*
Second Member or Resident Name

First Name*

Middle Name

Last Name*
Second Member or Resident Date of Birth*
Third Member or Resident Name

First Name*

Middle Name

Last Name*
Third Member or Resident Date of Birth*
Fourth Member or Resident Name

First Name*

Middle Name

Last Name*
Fourth Member or Resident Date of Birth*
Fifth Member or Resident Name

First Name*

Middle Name

Last Name*
Fifth Member or Resident Date of Birth*
Sixth Member or Resident Name

First Name*

Middle Name

Last Name*
Sixth Member or Resident Date of Birth*
Seventh Member or Resident Name

First Name*

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Last Name*
Seventh Member or Resident Date of Birth*
Eighth Member or Resident Name

First Name*

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Last Name*
Eighth Member or Resident Date of Birth*
Ninth Member or Resident Name

First Name*

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Last Name*
Ninth Member or Resident Date of Birth*
Tenth Member or Resident Name

First Name*

Middle Name

Last Name*
Tenth Member or Resident Date of Birth*
Member or Resident Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
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Parent or Guardian Email Address

Email*

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Emergency Contact

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Emergency Contact's Phone Number*
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 Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian Date of Birth*
Parent or Guardian 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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