Community Pool Use Agreement

COMMUNITY POOL USE AGREEMENT

This Community Pool Use Agreement (the "Agreement") is made as of by and between Community Association Name: (the "Association") and Resident Name: of Resident Address: Unit: .

RECITALS

WHEREAS, the Association owns, operates and maintains a community pool and related facilities located at (the "Pool");

WHEREAS, the Association permits eligible residents and their guests to use the Pool subject to rules, regulations and this Agreement; and

WHEREAS, Resident desires to obtain access to and use the Pool and agrees to abide by the Association's rules and to accept the responsibilities and obligations set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Pool" means the swimming pool, deck, related furniture, equipment and ancillary facilities identified above; "Guest" means any non-resident person accompanied by Resident or otherwise authorized by Resident to use the Pool.

2. GRANT OF USE; SCOPE

Subject to the terms of this Agreement and the Association's published pool rules, the Association grants Resident a non-exclusive, revocable license to use the Pool during the hours established by the Association. Use is limited to Resident, Resident's family members who reside with Resident, and Resident's Guests, each of whom must comply with all rules and supervision requirements.

3. POOL HOURS AND ACCESS

Pool hours are established by the Association and may be modified from time to time. Current regular hours are: . Access to the Pool is controlled by key card, gate code or other device provided by the Association. Resident shall not allow unauthorized persons to use Resident's access credentials.

4. RULES, CONDUCT AND PROHIBITIONS

Resident acknowledges receipt of, and agrees to comply with, the Association's Pool Rules (including posted signage). Without limiting the foregoing, the following are strictly prohibited within the Pool area: glass containers, alcoholic beverages when expressly prohibited by posted rules, diving in shallow areas, running, horseplay that creates a hazard, and bringing animals into the Pool enclosure. Resident shall ensure that Guests are informed of and comply with all Pool Rules.

Resident hereby certifies under penalty of revocation that Resident has reviewed the Pool Rules and accepts responsibility to enforce those rules with Resident's Guests and household members. Acknowledgement I acknowledge receipt of and agree to comply with the Pool Rules.

5. SUPERVISION OF MINORS

Children under the age of 14 must be directly supervised by an adult resident at all times while in the Pool area. Resident is responsible for the conduct and safety of Resident's children and Guests. The Association may, but is not obligated to, provide lifeguards; absence of a lifeguard does not relieve Resident of the duty to supervise minors.

6. HEALTH, HYGIENE AND SAFETY

No person with open sores, contagious disease, or recent gastrointestinal illness shall enter the Pool. Persons who are incontinent or non-toilet-trained must use approved swim diapers and shall be supervised. Resident shall immediately report any dangerous condition, accident, injury, or property damage to the Association.

7. FEES, CHARGES AND REPLACEMENT

The Association may impose reasonable fees for guest passes, replacement access devices, fines for rule violations, or damage to Pool property. Resident shall be responsible for all fees charged to Resident's account related to Resident's or Resident's Guests' use of the Pool. Current fees, if any, are:

8. GUESTS

Resident may bring Guests in accordance with the Association's rules. Resident accepts full responsibility for the actions of Guests and will ensure Guests comply with this Agreement and the Pool Rules. List any recurring Guests or approved caregivers below:

9. INDEMNIFICATION AND RELEASE

TO THE FULLEST EXTENT PERMITTED BY LAW, RESIDENT RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE ASSOCIATION, ITS MANAGERS, DIRECTORS, EMPLOYEES, AGENTS AND VOLUNTEERS (COLLECTIVELY, "RELEASED PARTIES") FOR ANY LIABILITY ARISING OUT OF RESIDENT'S USE OF THE POOL, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. RESIDENT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, DEMANDS, DAMAGES, LIENS, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM RESIDENT'S USE OF THE POOL, OR THE ACTS OR OMISSIONS OF RESIDENT OR RESIDENT'S GUESTS.

10. INSURANCE

Resident acknowledges that the Association's insurance may not provide protection for Resident or Resident's Guests. Resident is encouraged to maintain appropriate personal liability insurance. The Association shall not be liable for loss of personal property brought onto Pool premises.

11. TERMINATION; SUSPENSION

The Association may suspend or terminate Resident's Pool privileges for violation of this Agreement or the Pool Rules, for failure to pay fees, or for any conduct that poses a safety risk. Suspension or termination shall be effective upon written notice to Resident and may be immediate in the event of an emergency or threat to health and safety.

12. NOTICES

All notices required or permitted under this Agreement must be in writing and delivered personally, by certified mail, or by nationally recognized overnight courier to the addresses below and shall be deemed given on the date of delivery or refusal.

13. AMENDMENTS; WAIVER

This Agreement may be amended only by a writing signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party granting the waiver. A waiver of one breach shall not be a waiver of subsequent breaches.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Pool is located without regard to conflict of laws principles.

15. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with the Association's Pool Rules, constitutes the entire agreement between the parties relating to the subject matter hereof. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. COUNTERPARTS; EXECUTION

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic or facsimile transmission shall be binding.

17. ADDITIONAL PROVISIONS

Resident agrees that the Association may impose reasonable rules to protect health and safety and to preserve the Pool and its equipment. Resident consents to reasonable enforcement actions, including temporary closures for maintenance or chemical treatment.

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