PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
By signing below, I hereby agree to the following conditions for myself, my family members, and my guests' use of the Sunburst II Owners Association swimming pool and facilities, and intend and choose to give up the legal rights described herein.
1. I represent that I am the owner or renter of a property within the Sunburst II Owners Association.
2. By my typed signature below, and in consideration of the use of certain recreational facilities provided by the SUNBURST II OWNERS ASSOCIATION, I hereby forever release, discharge and waive any liability for claims of any type whatsoever, including but not limited to, property damage, personal injury, or wrongful death, against the SUNBURST II OWNERS ASSOCIATION, its Board members, officers, agents, employees, volunteers and other homeowners, relating to the use by myself, my family members and guests for the facilities provided by the ASSOCIATION, including but not limited to the swimming pool and tennis courts. I hereby voluntarily waive any and all claims both present and future, that may be made by me, my family, estate, heirs, or assigns, and I relinquish on behalf of myself, spouse, heirs and assigns the right to recover for injury or death. I understand there are risks associated with the use of these facilities, including the risk of serious physical injury or death and I represent that I, my family members and guests, are in proper physical condition to use these recreational facilities. I acknowledge that if I observe any hazard during our participation, I will immediately bring it to the attention of a Sunburst II Owners Association Board member.
3. I further agree that if I, or anyone on my behalf or on behalf of any family members or guests, makes a claim against the ASSOCIATION, or any Board member, officer, agent, employee, volunteer or other homeowner, I/we shall be responsible for any loss, liability, damage, or cost (including attorney fees) which any may incur as the result of such claim.
4. I am aware that my use of the Sunburst II Owners Association swimming pool and facilities present the risk of spreading or contracting communicable diseases, including but not limited to COVID-19, and that the Sunburst II Owners Association cannot ensure that the swimming pool and facilities are free from COVID-19 or other diseases or illnesses. I agree to accept any and all risk of personal injury, illness, or death due to any communicable disease or illness, including COVID-19, I or my family members or guests contract from use of the Sunburst II Owners Association swimming pool and facilities, and agree that the waiver of claims described in section 2, above, shall apply to any and all claims arising from the contraction of such disease or illness.
5. I agree to abide by all laws, rules, and regulations applicable to the swimming pool and its related facilities, including those adopted by the Sunburst II Owners Association and those applicable by governmental order. I understand and agree that our use of the swimming pool may be limited in duration and frequency pursuant to a reservation system or user limits implemented by the Association or governmental order, and I agree to abide by those limitations.
6. I further agree that while using the swimming pool and facilities I will adhere to best practices for preventing the spread of communicable diseases, including but not limited to maintaining appropriate social distance and refraining from using the pool if I, or a member of my household, has displayed or experienced any symptoms of illness in the previous fourteen days.
7. I agree to abide by any limit imposed on the number of concurrent users of the swimming pool and its facilities, and agree that I am solely responsible for determining whether there is sufficient capacity before entering. I further agree that I will immediately leave the pool facilities if at any time the number of users exceeds the limit, or if I am unable to maintain safe social distance from other users regardless of capacity.
8. I agree that if I, my family members, or my guests violate any law, rule, or regulation applicable to the Sunburst II Owners Association swimming pool facilities, my access to the pool facilities may be revoked, and I will be subject to additional rules enforcement action by the Association pursuant to its governing documents.
9. I further agree to indemnify and hold harmless the Sunburst II Owners Association, its officers, directors, managers, employees, instructors, volunteers, agents, assigns, and successors for any and all claims arising as a result of our use of the pool and facilities or any activities incidental thereto, wherever, whenever, or however the same may occur, including but not limited to claims related to the transmission or contraction of COVID-19. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of Oregon, and I agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect.
10. I have also received and read a copy of the Rules relevant to the use of the facilities (Pool Rules, Tennis Court Rules). I agree that I, my family members and guests shall follow the tennis court and pool rules and any additional rules or safety signs posted on the tennis courts or at the pool.
11. I understand that this agreement is a binding legal document.