RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. PLEASE READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE.
Please read this Agreement carefully and be aware that your initials and signature indicate that you fully understand that by using the facilities and equipment of the Sunland Estates Homeowners’ Association Park and Pool facilities ("SEHA"), you will be waiving and releasing any and all claims for injuries you sustain or may sustain arising out of, relating to, or connected with your use of the park, racquet courts, and pool facilities and equipment and/or participation in fitness activities (collectively the "SEHA Facilities"), including claims arising from the negligence of SEHA, its officers, directors, employees, or agents, to the fullest extent permitted by Washington law.
Warning of Risk: Activities involving the use of the SEHA Facilities carry significant risk of sustaining injuries including but not limited to injuries arising from slippery surfaces, foreign objects in the pool, on the racquet courts and other general hazards associated with swimming and use of racquet courts, park and pool facilities and equipment. These hazards carry with them the risk of both minor and serious injury up to and including death by drowning. Proper attire, swimming ability, and safe behavior are required. You are responsible for understanding your own capabilities and those of your guests(s) with respect to swimming and use of the SEHA Facilities.
Release from Liability: In consideration of the SEHA Facilities, and in recognition of the possible perils of the use of such facilities, I, for myself and my heirs, executors, administrators, legal guardians or representatives, assigns, and agents, do hereby release SEHA and its agents, officers, employees, and assigns from any and all liability for injuries sustained arising from, relating to, and/or connected with the use of such facilities and equipment, and waive any and all claims which I, my heirs, executors, administrators, legal guardians or representatives, assigns, and agents may have against SEHA and/or its agents, officers, employees, and assigns, arising out of, connected with, or relating to use of the SEHA Facilities, including any such claims arising from the negligence of SEHA, its officers, directors, employees, or agents to the fullest extent permitted by Washington law. This release does not apply to liability arising from gross negligence, willful misconduct, or intentional acts, which cannot be waived under Washington law.
I understand and am fully aware that swimming and/or the recreational use of the SEHA Facilities are potentially hazardous activities. I also understand that swimming activities involve a risk of injury and death, and that I am voluntarily participating in these activities and using the SEHA Facilities with the knowledge of the dangers involved. I hereby agree to assume any and all risk of injury or death, including risks arising from the negligence of SEHA, to the fullest extent permitted by Washington law.
I am fully aware and understand that this is a release of liability and sign it of my own free will. I acknowledge this is an annual waiver and must be executed each calendar year for access to the SEHA Facilities. I also acknowledge there is no and will not be any lifeguard on duty at any time during the use of the SEHA Facilities and agree that use of such facilities and equipment is solely at my own risk. I further acknowledge that while SEHA may have pool attendants or staff present from time to time, such individuals are not lifeguards, may not be present at all times, and are not responsible for monitoring swimming activities, enforcing safety, or providing rescue services. All use of the pool and SEHA Facilities is at my own risk. In addition, I agree to abide by all rules pertaining to use of the SEHA Facilities as stated in the SEHA General Rules document, which is expressly incorporated by reference herein, including, without limitation, all requirements related to supervision and use of the pool and spa by minors and rules regarding pool access and use of key card entry systems. I acknowledge that key cards are issued to authorized users only and agree that I will not provide access or allow use of my key card to any individual under the age of thirteen (13) or to any unauthorized person, and that I am responsible for all use associated with my assigned key card. I further acknowledge that I am responsible for ensuring compliance with all SEHA rules applicable to minors and accept full responsibility for the safety, supervision, and conduct of any minor under my supervision while using the SEHA Facilities.
Minor Acknowledgement: In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is signing this Agreement on his/her behalf and in connection with the minor’s participation and use of the SEHA Facilities. The parent or legal guardian acknowledges the risks described herein and agrees to be responsible for the minor’s conduct and safety while using the SEHA Facilities. To the fullest extent permitted by Washington law, the Undersigned parent or legal guardian agrees to indemnify and hold harmless SEHA from any claims, causes of action, or damages arising from the minor’s use of the SEHA Facilities. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian.
Indemnification and Hold Harmless. The Undersigned agrees to indemnify SEHA and to hold SEHA harmless from all claims, causes of action and money damages resulting from the undersigned's use or my minor participant's use, of the SEHA Facilities.
Electronic Delivery and Signature. Electronic delivery or signature of documents including transmission by facsimile, email or other form of electronic acknowledgement that a party is agreeing to be bound by the terms and conditions of this Agreement shall be legally sufficient to bind all parties the same as delivery of an original. At the request of any party to this Agreement the parties will replace electronically delivered signatures or acknowledgements with original documents. The parties acknowledge that an electronic signature or other electronic acknowledgement or agreement to be bound by the terms and conditions of this Agreement in electronic form has the same legal effect as handwritten signature.