Pool Waiver Form

In consideration of my use and the use by my family, friends, relatives, guests, and invitees (collectively the “Releasing Parties”) of the swimming pool and related facilities and improvements (collectively the “Pool”) located in the subdivision of Tavola West and owned by Tavola West Community Association, a Texas non-profit corporation (the “HOA”), the Releasing Parties hereby forever release, hold harmless and covenant not-to-sue the HOA, its board of directors, officers, members, employees, management companies, volunteers, contractors, agents, and all others who are involved with the HOA (the “Released Parties”), from any and all present and future claims for property damage, personal injury, or wrongful death, arising as a result of the use of the Pool in any manner whatsoever. The Releasing Parties voluntarily waive any and all claims, both present and future, that may be made by one or more of us, and the Releasing Parties relinquish on behalf of themselves and anyone acting on their behalf the right to recover for any harm, damage, injury, or death. Notwithstanding the Releasing Parties’ covenants and agreements herein, the owner/tenant/resident of a lot governed by the HOA, by signing this agreement and allowing the Releasing Parties access and use to the Pool, also binds the Releasing Parties to the covenants and agreements herein, and the Releasing Parties consent to same.

The Releasing Parties are aware that swimming and other pool activities are vigorous and that the Pool will not be attended or supervised by lifeguards. The Releasing Parties understand that swimming and other pool activities involve certain risks, including but not limited to, serious injury or death, including by drowning. In addition, the Releasing Parties understand that participation in swimming pool use involves activities incidental thereto, including, but not limited to, the possible conduct and misconduct of other participants. All stresses and hazards associated with these activities cannot be foreseen.

THE RELEASING PARTIES UNDERSTAND AND AGREE THAT THE HOA AND ITS MANAGEMENT COMPANY HAVE NOT MADE AND EXPRESSLY DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE POOL AND SURROUNDING FACILITIES AND IMPROVEMENTS OR ANY OTHER MATTER OR THING AFFECTING OR RELATED THERETO AND RELEASING PARTIES ACCEPT THE POOLS AND SURROUNDING FACILITIES AND IMPROVEMENTS AND ANY OTHER MATTER OR THING AFFECTING OR RELATED THERETO “AS IS” AND “WHERE IS” AND “WITH ALL FAULTS”. THE RELEASING PARTIES HAVE REVIEWED THE HOA’S POOL RULES AND AGREE THAT THEY SHALL ABIDE BY SUCH RULES.

The Releasing Parties voluntarily use the Pool with knowledge of the danger involved and hereby agree to accept any and all risks of damages, including, but not limited to, property damage, personal injury, or death. The Releasing Parties understand that use of the Pool by the Releasing Parties is at their own risk. The Releasing Parties further understand that cell phone use, reading, sleeping, and other similarly distracting behaviors endanger the children being supervised.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASING PARTIES AGREE TO INDEMNIFY, PROTECT, HOLD HARMLESS AND DEFEND THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, INJURIES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, LIABILITIES AND EXPENSES, INCLUDING COURT COSTS AND ATTORNEY’S FEES OF ANY NATURE, KIND OR DESCRIPTION (INCLUDING WITHOUT LIMITATION, CLAIMS FOR PROPERTY DAMAGE, INJURIES TO OR DEATH OF ANY PERSON) ARISING OUT OF USE OF THE POOLS AND SURROUNDING FACILITIES AND IMPROVEMENTS BY THE RELEASING PARTIES, REGARDLESS OF WHETHER SUCH PARTY HAS SIGNED THIS AGREEMENT OR NOT, IN ANY WAY RELATED TO THE POOLS AND SURROUNDING FACILITIES AND IMPROVEMENTS OR THEIR USE BY THIRD PARTIES, REGARDLESS AS TO WHETHER THE SAME MAY ARISE OUT OF THE ACTUAL OR ALLEGED NEGLIGENCE OF THE RELEASED PARTIES. THIS INDEMNITY PROVISION IS INTENDED TO INDEMNIFY THE RELEASED PARTIES AGAINST THE CONSEQUENCES OF THEIR OWN NEGLIGENCE OR FAULT AS PROVIDED ABOVE EVEN WHEN THE RELEASED PARTIES ARE SOLELY, JOINTLY, COMPARATIVELY, OR CONCURRENTLY NEGLIGENT.

The Releasing Parties understand that this waiver, indemnification and release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and the Releasing Parties agree that if any portion is held invalid, the remainder of the waiver, indemnification and release will continue in full legal force and effect. The Releasing Parties further agree that the venue for any legal proceeding shall be in the State of Texas.

The owner/tenant/resident of a lot governed by the HOA agrees to take full responsibility for all the Releasing Parties that gain access to the Pool. I will make sure such persons review and agree to the terms of this agreement in its entirety before going to the Pool with me, and I will reimburse the HOA for all costs related to claims from such persons against the HOA as a result of using the Pool.

As the owner/tenant/resident of a lot governed by the HOA, I will be financially responsible for any damage that the Releasing Parties may cause. I agree that in the event any law is enacted which governs this agreement and which limits in any way the extent for which indemnification may be provided, this agreement shall automatically be amended to provide that the provisions provided hereunder shall extend only to the maximum extent permitted by applicable law.

I am at least 18 years of age, and I affirm that I am signing this agreement solely and freely. I have read this form and fully understand that by signing this form, I am giving up legal rights and/or remedies which may be available to me. I understand that this agreement is a binding legal document.

NO PERSON AGE 18 OR OVER SHALL BE ALLOWED TO USE THE POOLS WITHOUT SIGNING THIS AGREEMENT AND NO MINOR SHALL BE ALLOWED TO USE THE POOLS WITHOUT A PARENT OR LEGAL GUARDIAN SIGNING THIS AGREEMENT ON THEIR BEHALF. ALL NAMES IDENTIFIED BELOW ARE CONSIDERED “RELEASING PARTIES”. NO PERSON UNDER THE AGE OF 14 SHALL BE ALLOWED TO USE THE POOL WITHOUT BEING PROPERLY SUPERVISED BY A PARENT, GUARDIAN OR INDIVIDUAL 18 YEARS OF AGE OR OLDER.

1. 1.THE POOL IS A SWIM AT YOUR OWN RISK POOL. THERE ARE NO LIFEGUARDS ON DUTY.
2. 2.Members and their guests in good standing may only access the pool during designated swimming hours. Members not in good standing or in violation of any of these rules may be prohibited access to the pool.
3. 3.A household of the Subdivision shall be limited to a maximum of four guests at the pool. Residents of that same household shall not be counted towards that maximum.
4. 4.No running or roughhousing allowed in the pool area.
5. 5.No glass containers, alcoholic beverages, smoking, or vaping allowed in the pool area.
6. 6.No diving, flipping, or jumping backwards into the pool.
7. 7.Hard balls, footballs, frisbees, or other items not made for pool activities are prohibited in the pool area. Diving sticks, soft exterior balls, and items made for pool activities are permitted.
8. 8.Skates, skateboards, hoverboards, bicycles, or similar devices are prohibited in the pool area.
9. 9.No loud music, excessive noise or offensive foul language is allowed in the pool area.
10. 10.Flying drones above, near, or around the pool area is prohibited.
11. 11.Pets are not permitted in the pool area except for registered service animals on a leash; however, such service animals are not allowed in the water.
12. 12.Proper swimming attire is required. Anyone entering the pool must be in a swimsuit. Cutoffs in the pool are prohibited. Tops and t-shirts made for pool use are permitted.
13. 13.Individuals with bandages, sores, or open wounds are not allowed in the pool.
14. 14.No inappropriate or unreasonable behavior at the pool is allowed, including no inappropriate physical touching of others.
15. 15.Only small pool flotation devices and small items made for pool activities are allowed in the pool. Pool noodles and small items made for pool activities are permitted.
16. 16.Children using flotation devices must always remain within arm's reach of an adult, whether in the baby pool or the main pool.
17. 17.Children in diapers must wear disposable swim diapers.
18. 18.Cocoa butter, baby oil, and other suntan oils cause filter damage and are prohibited in the pool.
19. 19.All children under 14 must be accompanied by an adult at least 18 years of age. Cell phone use, reading, sleeping, and other similarly distracting behaviors endanger the children being supervised.
20. 20.No swimming after designated swimming hours. No unauthorized entry into the pool area shall be allowed during non-swimming hours.
21. 21.Should weather, water conditions, or other health and safety concerns arise, the pool may be closed until further notice.
22. 22.No handguns or other weapons allowed on premises.
23. 23.Members, residents and/or their guests may be asked to leave the pool area if they violate policies or rules.
24. 24.Violation of any pool rule may result in the suspension of use of the pool as authorized by the Association's governing documents.
25. 25.Guests violating any pool rules may be permanently banned from the premises and/or amenities.
26. 26.The enforcement or implementation of these rules shall not be interpreted as a waiver of the Association's other rules or regulations.
27. 27.No littering, vandalism or damage to the pool area is allowed.
28. 28.No parties will be allowed at the pool without advance pool reservation being made through the Association management company and all proper fees being paid in advance.
29. 29.All homeowners, residents and their tenants over the age of 18 shall sign an Acknowledgment of Risk, Waiver, Indemnification and Release of Liability similar to the form attached hereto as Exhibit A before they or their guests are allowed to enter the pool area.
30. 30.Homeowners shall be responsible and liable for their own conduct and that of their residents, tenants and guests and for any personal injury or property damage suffered or caused by them, regardless of whether the Acknowledgment of Risk, Waiver, Indemnification and Release of Liability is properly signed, in the pool and adjacent pool areas.