Pool Waiver 

ACCEPTANCE OF RULES: Our family has reviewed the 2021 Pool Rules established by Founders Bridge Property Owners Association. We, the undersigned, recognize that we must abide by these rules in order to utilize the Founders Bridge Aquatic Facility. We have reviewed the rules with our minor children and recognize that we are responsible for their actions. 

DISMISSAL: Founders Bridge Property Owners Association has elected to employ Swim Metro, Inc. as its agent for the purpose of pool management and maintenance. The staff members hired by Swim Metro, Inc. are committed to enforcing the rules in order to provide a safe environment to be enjoyed by property owners and their guests. Facility staff members act with complete discretion and authority of the Association to temporarily dismiss any party who fails to comply with the rules after he or she is offered reasonable opportunity to amend his or her behavior. 

LONG TERM REMOVAL: The Founders Bridge Pool Committee in conjunction with the Founders Bridge Community Center Committee may institute procedures for long term removal of any party who has committed multiple offenses that require temporary removal or a single instance that created a substantial risk to the safety and well being of others. Removal may be appealed in writing within 10 days to the Board of Directors. We agree that decision of the Board of Directors is the final decision regarding the appeal of the long term removal. 

DAMAGES: We understand that we are responsible to the Founders Bridge Property Owners Association for any damage or destruction caused by us or our guests that is not consistent with reasonable use of the facility. We agree to provide restitution to the Association within 14 days of the incident or within 7 days of receipt of the estimate for repair, whichever the Pool Committee acting with the Community Center Committee deems appropriate. I am responsible for all attorney’s fees and court costs expended to recover these damages from me or my guests. 

HOLD HARMLESS: We understand there are inherent risks associated with utilizing any aquatic facility. Founders Bridge has made every reasonable effort to ensure that the facility is safe including, but not limited to: employment of Red Cross certified lifeguards, procurement of appropriate life saving apparatus, securing harmful chemicals out of public areas, and posting depths, slide instructions and general safety rules in inconspicuous areas. We indemnify and hold harmless The Founders Bridge Property Owners Association, its Directors and Committee Members in case of injury or death to ourselves and/or our minor children. 

CONSENT TO CARE: We consent to care by the Founders Bridge Aquatic Staff and Emergency Medical Personnel for ourselves or our minor children in the event that we are incapacitated or unavailable at the time of a medical emergency. 

SEVERABILITY: If any clause or clauses of this agreement is not upheld by local jurisdiction, the remainder shall remain in affects.

COVID 19 Information: 

Read this document carefully and in entirety. By using the pool facilities, you and your guests give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage however caused arising out of your use of Founders Bridge Pool, now or at any time in the future.

Acknowledgment of Risk

I hereby acknowledge and agree that use of Founders Bridge Pool activities comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with use of Founders Bridge Pool participation, including but in no way limited to: (1) slips, trips, and falls, (2) aquatic injuries, (3) athletic injuries, and (4) illness, including exposure to and infection with viruses or bacteria. I further acknowledge that the preceding list is not inclusive of all possible risks associated with use of Founders Bridge pool participation and that said list in no way limits the operation of this Agreement.

Coronavirus / COVID-19 Warning & Disclaimer

Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a mean to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Use of Founders Bridge pool programs and facilities could increase the risk of contracting COVID-19. Founders Bridge in no way warrants that COVID-19 infection will not occur through use of the Founders Bridge pool.

Waiver, Release, Indemnification & Covenant Not to Sue

In consideration of my participation in Founders Bridge Pool, I agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE Founders Bridge Pool , its officers, directors, employees, volunteers, agents, representatives and insurers (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against Founders Bridge Pool on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of Founders Bridge Pool  and Founders Bridge POA facilities/equipment or participation in Founders Bridge Pool programs whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees.

In consideration of my participation in Founders Bridge Pool, I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my Founders Bridge Pool participation.

I hereby certify that I have full knowledge of the nature and extent of the risks inherent in Founders Bridge Pool participation and that I am voluntarily assuming said risks.  I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while participating in Founders Bridge Pool and that by signing this agreement I HEREBY RELEASE Releases from all liability for such loss, damage, or death. I further certify that I am in good health and that I have no conditions or impairments which would preclude my safe participation in Founders Bridge Pool.

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