DESERT COLOR COMMUNITY ASSOCIATION AMENITIES AND EVENTS USE WAIVER & RELEASE I HEREBY ASSUME ALL RISKS AND AGREE TO WAIVE AND RELEASE ALL CLAIMS OF ANY NATURE THAT MAY ARISE FROM MY USE, OR THE USE OF THE MINOR CHILDREN LISTED ABOVE, OF THE DESERT COLOR COMMUNITY MASTER ASSOCIATION, INC.’S AMENITIES (the “Activities”). I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE ASSOCIATION AND ANY OF ITS AFFILIATES, PARTNERS, OWNERS, OFFICERS, EMPLOYEES, MANAGERS, VOLUNTEERS, VENDORS, AGENTS, REPRESENTATIVES, OR PARTICIPANTS (hereinafter the “Releasees”) FROM ALL CLAIMS OF ANY NATURE IN CONSIDERATION FOR MY PARTICIPATION IN THE ACTIVITIES. RISKS. I acknowledge that the Activities may not be supervised and may carry with them the potential for injury or damage to person or property, including DEATH, SERIOUS BODILY INJURY , MENTAL ANGUISH, and property loss to either myself or third parties. Risks may include but are not limited to slips, falls, strangulation, drowning, asphyxiation, head injuries, risk of collision with equipment or other participants, forces of nature including extreme or rapid changes to weather or temperature, lightning, strong winds, shifting terrain or objects, exposure to sun, heatstroke, dehydration, the physical condition or abilities of participants, strenuous activities, illness, exposure to virus, bacteria, or other communicable diseases, broken bones, abrasions, cuts, and other injuries resulting from the actions, inactions, negligence, or carelessness of the Releasees or other third party’s use of the Association’s amenities or participation in the Activities. WAIVER & RELEASE TERMS. I agree that the waivers, releases, and indemnifications granted herein shall be construed to the highest extent permitted by law and shall extend to any present or future claim, cause of action, loss or liability for injury to person or property, which I or any minor child listed herein may suffer, related to my or said minor child’s Activities, resulting from any cause whatsoever, and regardless of fault. I agree that I shall indemnify and defend the Releasees from any damage or loss of any other person who I invite or allow to participate in the Activities, including but not limited to the minors listed herein or anyone who accompanies me in the Activities. This Waiver & Release shall bind my heirs, executors, assigns, legal representatives or any other person who may assert the released claims. To further protect all Releasees, I certify that I and the minors listed herein are free of any medical condition that may create undue risk for myself or others. I agree to read and comply with all posted rules and instructions from the Releasees and grant to Releasees the right to use my image and likeness relating in any way to the Activities without any claim for invasion of privacy or copyright. I agree that any dispute, claim, or controversy relating in any way to the Activities or this Waiver & Release shall be decided by binding arbitration in accordance with the rules of the American Arbitration Association. TREATMENT CONSENT: I hereby consent to receive emergency medical treatment of behalf of myself and the listed minors which may be deemed advisable by Releasees in the event of injury, accident, and/or illness during the Activities. I affirm I have and maintain medical insurance for the payment of all treatment that may be given. I CERTIFY THAT I AM AT LEAST EIGHTEEN YEARS OF AGE AND HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENTS AS A FULL RELEASE OF THE ASSOCIATION’S LEGAL LIABILITY AND I SIGN OF MY OWN FREE WILL ON BEHALF OF MYSELF AND THE LISTED MINORS. Date Signed: August 12, 2025 |