and members of my family, including minors, (collectively and singularly, “I”) understand viruses and communicable diseases, including but not limited to COVID-19, are easily transmittable and contagious and there are no known measures to completely insulate myself from infection. I also understand that any insurance maintained by the owner and operator of the pool and related facilities will likely not provide coverage for bodily injury, including permanent disability, paralysis and death, resulting from infection by the COVID-19 virus. By entering and using the pool and related facilities I am knowingly and voluntarily subjecting myself to possible exposure to the COVID-19 virus and the consequences thereof. I will undertake all reasonable measures to protect myself and others who use the pool and related facilities from exposure or infection. I fully understand that the use of the pool and related facilities may involve risks of serious bodily injury, including permanent disability, paralysis and death, caused by contraction of viruses and communicable diseases, including COVID-19 virus, due to my own actions, or inactions, and actions or inactions of third parties, including others using the pool and related facilities and The Parks at Panchasarp Farms HOA (collectively, the
"Risks"). I fully understand, accept and assume all such Risks and all responsibility for injuries, losses, costs, and damages I incur as a result of such Risks.
In consideration of being allowed to enter and use the pool and related facilities, I hereby release, forever discharge, and covenant not to sue The Parks at Panchasarp Farms HOA (the "Association"), its respective directors, officers, agents, employees, contractors, and Legacy Southwest Management Company, LLC (collectively, the "Releasees") from all liability, claims, demands, losses, or damages suffered by me on my account of, or alleged to be caused, in whole or in part, by the negligence or gross negligence of the Releasees or otherwise, resulting in my exposure to or infection by the COVID-19 virus. I further warrant, covenant and agree that the release, waiver and assumption of the risk contained herein shall be binding on anyone who makes a claim against any of the Releasees on my behalf or resulting from injuries which I may incur or suffer. I, ON BEHALF OF MYSELF, AND EACH OF MY HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS FURTHER AGREE TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS FROM ANY CLAIM ASSERTED BY OR ON BEHALF OF MY FAMILY MEMBERS, INCLUDING MINORS, BASED ON FACTS OR CIRCUMSTANCES ENCOMPASSED BY THE RISKS, INCLUDING WITHOUT LIMITATION:
- ANY CLAIMS ASSOCIATED WITH EXPOSURE OR POTENTIAL EXPOSURE TO THE VIRUS KNOWN AS COVID-19 OR PERMUTATIONS THEREOF;
- ANY CLAIMS RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES RELATED TO OR ARISING OUT OF THE RISKS;
- ANY CLAIMS RESULTING FROM ILLNESS, PHYSICAL INJURY OR DEATH TO ME OR OTHERS RELATED TO OR ARISING OUT OF THE RISKS OR FOR ANY OTHER REASON;
- ANY CLAIMS RESULTING FROM EXPOSURE OR POTENTIAL EXPOSURE TO ANY INDIVIDUALS ON ASSOCIATION PROPERTY WHO HAVE OR MAY HAVE COVID-19 OR PERMUTATIONS THEREOF;
1Includes all Common Areas, as defined in the Declaration, including, but not limited to the pool area, fitness center, and playgrounds, if applicable.
- ANY CLAIMS FROM OTHERS RESULTING FROM EXPOSURE OR POTENTIAL EXPOSURE TO MYSELF OR MY HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS ON ASSOCIATION PROPERTY WHO HAVE OR MAY HAVE COVID-19 OR PERMUTATIONS THEREOF; AND
- ANY CLAIMS RESULTING FROM EXPOSURE OR POTENTIAL EXPOSURE TO THE ASSOCIATION PROPERTY (WHETHER PERSONAL PROPERTY, FIXTURES OR BUILDINGS) THAT MAY HOLD OR CONTAIN COVID-19 OR PERMUTATIONS THEREOF.
In further consideration of being allowed to use the pool and related facilities, I hereby affirm that (i) I do not have a cough, fever, shortness of breath, and (ii) neither I nor anyone in my household has been sick in the past 2 weeks or exposed to someone who has been sick in the past 2 weeks.
My family members and I, including minors, agree to practice preventative actions issued by the CDC to help prevent the spread of COVID-19 including, but not limited to, maintaining physical distance of at least 6 feet between persons that do not live together in the same household, and wearing a mask (when not in the pool).
The Association has promulgated rules and regulations based on guidance offered by the State of Texas and the Centers for Disease Control (the "Rules"). I acknowledge receipt of such Rules and agree to use Association property in accordance with and abide by the Rules, including (but not limited to) voluntarily sanitizing Association property equipment and touchpoints at the time of my entry and departure from Association property. I acknowledge that the Association may change or modify the Rules at any time.
I understand, acknowledge, and agree that: (i) guests are NOT allowed at this time, (ii) all persons under the age of 17 must be accompanied and supervised by an adult, (iii) pool gates cannot be opened for any person not a member of my household, (iv) my pool card cannot be lent to or shared with anyone who is not a member of my household, and (v) the failure to abide by all posted Association rules and guidelines is subject to immediate removal, suspension of privileges, and/or closure of the pool and related facilities. The names and ages of my minor children under the age of eighteen (18) years old are printed below, and I agree as their parent or legal guardian that they are also subject to this Release.
I affirm that I (i) have read this RELEASE, WAIVER OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK, (ii) understand that I have knowingly and voluntarily given up substantial rights by signing it and (iii) have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. Any violation of the Association’s guidelines is subject to immediate removal and suspension of privileges.