EMAS ONLY - WOODY CREEK HOA POOL RULES, WAIVER & RELEASE OF LIABILITY
POOL RULES AGREEMENT
This POOL RULES AGREEMENT (the “Pool Agreement”) is entered into as of the date set forth below, by and between Woody Creek HOA (the “HOA”), and
Member (the “Member,” and together with the HOA, the “Parties”). WHEREAS, the HOA manages a property located at 101 Woody Creek Road, Greer, SC 29650 (the “Property”);
WHEREAS, the Property contains a pool (the “Pool”) and certain facilities (the “Facilities”) on the premises that are open for Member use;
WHEREAS, as a condition to a Member using the Pool and Facilities, the HOA requires the Member to execute this Pool Agreement affirming that the Member, and any family,
associates, or other parties using the Pool, Facilities, or any of the Property’s improvements or amenities and agree to follow all pool rules and regulations. Member understands that any violation of the rules may result in discontinued pool privileges.
NOW, THEREFORE, as evidenced by the Member’s signature below, the Member hereby
acknowledges and agrees to the following rules:
ACCESS: Access to the pool area is for Members of the HOA, their family, and
their guests only.
1. All Members must sign a Waiver & Release of Liability Agreement before
accessing the Pool;
2. All Members must sign a Pool Rules before accessing the Pool;
3. Members assume responsibility for their family and guests’ actions while at the
Pool;
4. Except when entering and exiting, the gate(s) must remain closed at all times;
5. Anyone under the age of 18 must be accompanied by an adult;
6. Solo swimming is not advised;
7. Members must leave the Pool during Pool maintenance;
8. No abusive language, loud radio, or excessive noise;
9. Chairs and furniture should be reset as found;
10. The back of loungers should be laid flat;
11. Remove garbage and place in the trash cans provided or the roll away cans outside
the Pool;
12. Lower umbrellas;
13. Children must be supervised by an adult at all times;
14. Do not use the pool if you or your child has had diarrhea in the previous two
weeks;
15. No glass containers, no eating or drinking in the Pool;
16. No smoking;
17. No animals allowed in Pool or Pool area;
18. Standard swimwear only.
19. No horseplay during guarded or unguarded hours.
20. Respect the furniture. Loungers are not to be used as goals or toys.
The Pool and surrounding area will be recorded 24/7 and the video will be reviewed by pool management daily
If you or your child is found to be responsible for a closure due to fecal matter your household will lose pool privileges for at least 7 days. In the event of a second incident, all costs to clean and reopen the pool may be assigned to your family and a fine
may be assessed.
Member has read and understands the HOA Pool Rules and releases the HOA from any responsibility or liability regarding the use of the Pool.
The HOA may not be held liable for any person claiming any loss or damages including, without limitation, indirect, special, or consequential loss or damage arising from personal injury or death, destruction of property, trespass, loss of enjoying or any
wrong or entitlement to remedy based upon, due to arising from, or otherwise relating to the design, construction, maintenance, or use of any amenity associated with the HOA Pool, including without limitation any arising in whole or in part from the negligence of the HOA.
Member also accepts responsibility for the care of these amenities, (pool, baby pool, pool safety equipment, pool & furniture, etc.), while using the Pool and agrees to pay for any damages incurred by my family and/or guests during this time.
This WAIVER AND RELEASE OF LIABILITY (the “Release”) is entered into as of the date
set forth below, by and between Woody Creek HOA (the “HOA”), and member(s) (the
“Member(s),” and together with the HOA, the “Parties”).
WHEREAS, the HOA manages a property located at 101 Woody Creek Road, Greer, SC
29650 (the “Property”);
WHEREAS, the Property contains a pool (the “Pool”) and certain facilities (the
“Facilities”) on the premises that are open for Member(s) use;
WHEREAS, as a condition to a Member(s) using the Pool and Facilities, the HOA requires
the Member(s) to execute this Release affirming that the Member(s), and any family, associates, or other parties using the Property or Facilities, or any of the Property’s improvements or amenities acknowledge the associated risks of use and enjoyment; and
NOW, THEREFORE, as evidenced by the Member(s) signature below, the Member(s)
hereby acknowledges and agrees to the following:
1. Member(s) Acknowledgment of Property Pool, Condition, & Possible Associated
Risks. The Member(s) hereby acknowledges the existence of and associated risks with the
following circumstances of the Pool:
Member(s) acknowledges that a swimming pool/area is located on the Property, and
Member’s use of the swimming pool/area, as well as any other person, family member, visitor or guest of a Member, or that a Member invites or otherwise brings on to the Property while using the Property (collectively referred to as “Others”), is at Member’s own risk, and all related risks shall be assumed by the Member(s). Member(s) understands that at no time will there be a lifeguard or other personnel on duty at the Property, nor is there a fence surrounding or enclosing the swimming pool/area, and as such, children utilizing the swimming pool or playing around or within the swimming pool area must be fully supervised at all times due to the risk of children
falling into the swimming pool or being otherwise injured. Member(s) fully acknowledges and understands that Member’s use of the swimming pool/area may involve certain risks, including, but not limited to:
a. The risk of injury resulting from possible malfunction of pool equipment;
b. The risk of injury resulting from tripping or falling over obstacles, objects and/or other items found surrounding and/or within the swimming pool area;
c. The risk of injuries resulting from diving into the pool, the use of swimming devices to snorkel in the swimming pool, swimming alone or children swimming without adult supervision and injuries resulting from participation
in any other action in and around the swimming pool area;
d. The risk of injuries resulting from unsupervised divers and swimmers colliding;
e. The risk of other injuries resulting from participating in any action in the pool;
and
f. The potential risk of drowning in the pool or death.
Member(s) further acknowledges that chemicals, or the lack thereof, can cause skin, eye or ear irritation, and as such, agrees to allow maintenance of the swimming pool and pool equipment as scheduled during Member’s stay at the Property.
Member(s) understands and acknowledges that the above list of possible associated risks
and assumed risks is not exhaustive. Member(s) further agrees, understands and acknowledges that executing this Release is a condition of using the Property and is in consideration for an in exchange for the HOA permitting the Member(s) and Others to utilize and enjoy the Pool, swimming pool area, swimming pool deck, and any Facilities on the Property (collectively, the “Property Pool and Facilities”).
2. Use at Own Risk. Member(s) hereby acknowledges and agrees that its use of the
Property Pool and Facilities shall be AT THEIR OWN ELECTION AND AT THEIR SOLE AND
COMPLETE RISK.
3. Waiver of Claims. The Member(s) hereby waives any claims that Member(s) has
or may have in the future against the HOA, including its directors, officers, employees, agents or representatives relating to Member’s or Others' use of the Property Pool and Facilities. This waiver provision shall include present or future claims related to the Property Pool and Facilities not only of the Member(s), but that may arise from Others.
4. Release of the HOA. The Member(s) hereby releases the HOA, including its directors, officers, employees, agents or representatives from any and all liability for any loss,
damage, injury, expense or other cost that Member(s) or Others may suffer in connection with, arising out of or in any way related to Member’s or Others’ activities on or use and misuse of the Property Pool and Facilities, including, but not limited to, any negligence on the part of the Others, the HOA, or their contractors or agents.
5. Indemnification. The Member(s) hereby agrees to indemnify, defend, and hold harmless the HOA from and against any and all liability, injury, loss, cost, or damage of any kind (including reasonable attorney’s fees) resulting from the Member’s or Others’ activities, loss, damage, injury, or otherwise arising in any way out of the use or misuse of the Property Pool and Facilities.
6. Interpretation & Governing Law. The Parties agree that this Release is to be construed and interpreted fairly and reasonably in accordance with the terms herein and not as against any party as the drafter hereof. This Release is intended to be as broad as permitted by law, and shall be governed by, interpreted under and construed and enforced in accordance with the laws of the State of South Carolina.
7. Entire Agreement; Binding Effect. This Release sets forth all of the promises,
covenants, agreements, conditions and undertakings between the Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and undertakings, inducements or conditions, express or implied, oral or written. No provision of this Release may be amended or added to except by an agreement in writing, signed by the Parties hereto or their respective successors in interest and expressly stating that it is an amendment to this Agreement. This Release shall be binding upon and inure to the benefit of the Parties hereto, their successors and assigns.
8. Capacity. Member(s) represents and warrants to HOA that they are over the age
of eighteen (18) and have full authority and capacity to sign this Release and act in accordance with its provisions.
9. Children. Member(s) further acknowledges that they are the parent/guardian of the minor child(ren) (the “Children”) as set forth below. Member(s) takes full responsibility for the safety of all Children and executes this Release fully intending the Children be bound by the same.