WOODBURY HOMEOWNERS ASSOCIATION, INC.

POOL RELEASE & INDEMNITY AGREEMENT

“SWIM AT YOUR OWN RISK” – LIFEGUARDS NOT PRESENT

(THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, PLEASE READ CAREFULLY)

       This Agreement is entered into by WOODBURY HOMEOWNERS ASSOCIATION, INC. (the “ASSOCIATION”), a North Carolina nonprofit corporation, and the undersigned (the “APPLICANT”), for the use of the Association’s community swimming pool and associated property, located at 9024 Gray Willow Road, Charlotte, NC 28227 (“FACILITY”), on the date of execution below, to be effective at all times, in all years, in which APPLICANT makes use of the FACILITY.

Acknowledgment of Risk

APPLICANT acknowledges and agrees that utilizing FACILITY comes with inherent risks. APPLICANT has full knowledge and understanding of the inherent risks associated with use of FACILITY, including but not limited to: (1) slips, trips, and falls, (2) aquatic injuries, (3) athletic injuries, and (4) illness, including exposure to and infection with viruses or bacteria. APPLICANT acknowledges that the preceding list is not inclusive of all possible risks associated with use of FACILITY and that said list shall not limit the operation of this Agreement.

Swim at Your Own Risk Pool – No Lifeguards Present

I AGREE AND ACKNOWLEDGE THAT FACILITY IS AT ALL TIMES “SWIM AT YOUR OWN RISK”, WHICH MEANS THAT NO LIFEGUARDS ARE PRESENT.

I FURTHER AGREE AND ACKNOWLEDGE THAT I AM RESPONSIBLE FOR MY OWN SAFETY AND THE SAFETY OF MY CHILDREN, FAMILY, GUESTS, AND THOSE I GIVE ACCESS TO, AT ALL TIMES WHEN USING FACILITY. I understand that ASSOCIATION may hire a gate attendant to restrict access to those who have signed this Agreement, and/or a contractor to clean/maintain FACILITY; I acknowledge, that any such attendant or contractor ARE NOT lifeguards, and NOT charged with monitoring FACILITY for safety.

Waiver, Release, Indemnification, & Covenant Not to Sue

          In consideration of ASSOCIATION permitting APPLICANT to utilize FACILITY, I/We the undersigned APPLICANT(s), on behalf of ourselves, as well as our children, dependents, family, guests, invitee’s, licensee’s, heirs, assigns, trustees, agents and estates, and all other persons for whom I/we can legally grant a release, (the “RELEASING PARTIES”), do hereby accept sole responsibility for any and all damages caused to the person or property of the RELEASING PARTIES, including bodily injury and death, and also including, but not limited to, any illness or injury related to, or as a result of, exposure to COVID-19, or any other virus-related, or bacteria-related events and under the condition that LIFEGUARDS ARE NOT PRESENT, that arise out of, in any way, directly or indirectly, from the use of the FACILITY; and I/we agree to:

        RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS: ASSOCIATION, and FIRSTSERVICE RESIDENTIAL, including their respective agents, managing agent(s), directors, officers, members, attorneys, employees and representatives (the “RELEASED PARTIES”), from and against any and all claims, actions, suits, damages, judgments, demands, losses, costs, expenses and disbursements, including court costs and attorneys’ fees, resulting from any injuries to the RELEASING PARTIES (including but not limited to wrongful death, personal injury, and injury to property), arising out of, related to, or caused in connection with, in whole or in part, from the use of and/or the right of access to, the FACILITY by the APPLICANT and/or RELEASING PARTIES, EVEN IF THE ASSOCIATION AND/OR THE RELEASED PARTIES OWN NEGLIGENCE CAUSED THE INJURY OR DAMAGES AT ISSUE.

Initial to Consent & Agree to these terms

WOODBURY HOMEOWNERS ASSOCIATION, INC.

COVID-19 WARNING/DISCLAIMER

***WARNING: COVID-19 Pandemic is Ongoing***

The novel coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing to prevent the spread of the virus.

SYMPTOMS INCLUDE: cough, shortness of breath, fever, chills, muscle pain, sore throat, new loss of taste/smell, trouble breathing, persistent pain or pressure in the chest, new confusion, inability to wake or stay awake, bluish lips or face.

COVID-19 can lead to severe illness, personal injury, permanent disability, and death.
Accessing FACILITY could increase the risk of contracting COVID-19.

After reading this form in its entirety, I acknowledge/affirm the following:

I understand the above symptoms and affirm that I, and all household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE LAST 14 DAYS.

I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 14 DAYS.

I affirm that I, as well as all household members, have not traveled outside of the country, or to any city considered to be a "hot spot" for COVID-19 infections WITHIN THE PAST 14 DAYS.

I affirm that if myself or any household members, become infected with or exposed to COVID-19, the exposed and infected individuals will not enter the FACILITIES for 14 days or following a subsequent test showing negative for COVID-19.

I understand that Association and the Released Parties cannot be held liable for any exposure to the COVID19 virus caused by misinformation on this form by, or the health history of, each Facility user.

I understand that any social distancing and cleanliness efforts made within Facility cannot ensure protection from COVID- 19, and that the Released Parties make no representation or warranty that the Facility will be in compliance with any social distancing or cleanliness standards issued by governmental authorities or agencies.

I understand that government authorities and agencies recommend social distancing and mask-wearing to prevent the spread of COVID-19 and I AM ACCESSING THE FACILITY AT MY OWN RISK.

By signing this Agreement, I agree to each statement above and on behalf of myself and all Releasing Parties, agree to release, indemnify, defend, and hold harmless, Woodbury Homeowners Association, Inc., and the Released Parties, from any and all liability for the unintentional exposure or harm due to COVID-19, or any other viral, or bacterial infection, as referenced herein, and to the fullest extent possible under the law.

Initial to Consent & Agree to these terms

WOODBURY HOMEOWNERS ASSOCIATION, INC.

Waiver, Release, Indemnification, & Covenant Not to Sue

I AGREE ON BEHALF OF MYSELF AND MY FAMILY, GUESTS, AND INVITEES, TO FOLLOW ALL POSTED POOL RULES, AND THE POOL ATTENDANT’S INSTRUCTIONS, AND ACKNOWLEDGE THAT FAILURE TO DO SO MAY RESULT IN SUSPENSION OF POOL PRIVELEGES.

The below listed individuals are additional fulltime residents under eighteen (18) years of age; I/We, as their parent(s) or guardian(s), hereby take full responsibility for them to the fullest extent provided by this entire Agreement:

AGREED TO BY:

APPLICANT:

Any additional fulltime adult residents at the above-listed addresses eighteen (18) years of age and older, that will be using the Facility must sign a release.