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, during certain set time periods set aside for use by Thornhill Tornado Swim Team (“Swim Team”) when the pool is not open for general use and there are no Association lifeguards on duty at the pool. By using the pool and associated amenities, I recognize and fully understand certain things, including:
a. Swim Team activities are scheduled when the pool is closed, and are placed on the calendar by consent of the Association each year. Practices occur on weekday mornings or after school hours. Access to the pool for Swim Team activities is via key fobs assigned to Swim Team for the season.
b. Swim Team is solely responsible for procuring lifeguards for team activities. At no time are Association procured lifeguards on duty during Swim Team activities.
c. Participation on Swim Team is limited to 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 and associated amenities, 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. July 2, 2025
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