I enter into this Statement of Understanding; Assumption of Risk; Waiver of Liability and Indemnification Agreement (“Agreement”) with Whittier Community Association, Inc., (the “Association”) for the privilege to use the Swimming Pool and any related facilities and/or equipment (collectively, the aforementioned Swimming Pool, facilities, and equipment are referred to herein as “Facilities”).
Use of the Facilities and/or any of the equipment therein or thereon is at the sole risk of the person using such Facilities and/or related equipment, and such use is subject to any rules and regulations of the Association regulating the use thereof.
Further, pursuant to Maryland Governor Lawrence J. Hogan’s (“Governor Hogan”) Proclamation dated March 5, 2020, Maryland is currently under the State of Emergency due to the number of confirmed novel coronavirus (“Covid-19”) cases in Maryland. Covid-19 is extremely contagious. Pursuant to the Center for Disease Control, Covid-19 is believed to be spread largely through person-to-person contact, such as between persons who are within close contact with one another or through respiratory droplets released by an infected person, which are then inhaled by another person. The Association has put preventative measures and enhanced cleaning policies in place for the Facilities and related equipment to prevent the spread of Covid-19, but the Association cannot guarantee that Owners and residents or other persons who use the Facilities and/or related equipment will not become infected with Covid-19. It is possible that using the Facilities and/or related equipment can expose you, your family, and other people you may come into contact with Covid-19.
You agree and acknowledge the following:
- I affirm that I will not use the Facilities and/or related equipment if I, or any member of my household, have experienced the following symptoms within the ten (10) days preceding use of the Facilities and/or related equipment:
- Fever; or
- Cough; or
- Shortness of breath; or
- New loss of taste or smell; or
- muscle or body aches; or
- sore throat; or
- diarrhea; or
- nausea or vomiting
- I affirm that neither I nor any members of my household have been exposed to someone with a suspected and/or confirmed case of Covid-19 within the past fourteen (14) days. Further, I agree that if I or any member of my household is exposed to someone with a suspected and/or confirmed case of Covid-19 then neither I nor any member of my household will use the Facilities and/or related equipment until after fourteen (14) days from the date of potential exposure to Covid-19. Notwithstanding the foregoing, in accordance with current CDC guidelines, I or a member of my household may use the Facilities and/or related equipment prior to the expiration of the 14-day period set forth in the preceding sentence if I or said member of my household has tested positive and recovered from Covid-19 in the previous 3 months of exposure, or if I or said member of my household has a negative test on or after 5 days of quarantine from the date of exposure.
- I affirm that neither I nor any member of my household has been diagnosed with Covid-19, or, if I have been diagnosed with Covid-19, I affirm that I will not use the Facilities unless:
- I have had improvement in my respiratory symptoms, and I have not had a fever within the 72 hours preceding use of the Facilities and/or related equipment, and I have not used fever-reducing medicine; and
- At least ten (10) days have passed since I first experienced symptoms related to Covid-19.
- I further affirm that if I am diagnosed with Covid-19 after execution of this Agreement, I will not use the Facilities and/or related equipment until I meet the requirements set forth in Section 3 above.
- I affirm that I have read and will abide by the Association’s rules and regulations and any procedures when using the Facilities and/or related equipment such as, but not limited to, the social distancing guidelines and sanitation policies and procedures. I understand that the risk of becoming exposed to or infected by Covid-19 at the Facilities and/or by use of the related equipment may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Association. By executing this Agreement below, I acknowledge the contagious nature of Covid-19 and voluntarily assume the risk that my family, including child(ren) and other household members, may be exposed to or infected by Covid-19 while on site at the Facilities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that despite any preventative measures the Association has put in place, the Association cannot guarantee a virus-free environment, and that I or any member of my household or any person that I may come into contact with after using the Facilities and/or related equipment may be exposed to Covid-19, which may result in quarantine, serious illness, disability, or death.
- I understand and agree that the Association, its agents, servants, employees, insurers, members, directors, officers, managers, and successors and assigns assume no liability for damage or loss of any personal property brought into or onto any of the Facilities by any user of the Facilities and/or related equipment, and/or into or onto any part of the real property owned by the Association including, without limitation, parking areas.
- With full awareness and appreciation of the risks involved and in consideration for use of the Facilities and/or equipment therein or thereon, I, for myself and on behalf of my family, spouse, child(ren), estate, heirs, executors, administrators, assigns, and personal representatives and anyone else who might have a claim by reason of my injury, illness, or death, or the injury, illness, or death of the minor child(ren) identified in this Agreement (“Minor” or “Minors”) in connection with the use of the Facilities and/or equipment therein or thereon including without limitation, a Covid-19 infection, hereby waive and forever release the Association, its agents, servants, employees, insurers, members, directors, officers, managers, and successors and assigns (the “Released Parties”) from any and all liability, claims, demands, actions, causes of action, damages or suits at law or in equity (“Claims”), directly or indirectly arising out of or related to any loss, claims for personal injury, death, property damage, loss of property, medical expenses and/or loss of services, that may be sustained by me or the Minor or Minors identified in this Agreement related to the use of the Facilities and/or the equipment therein or thereon including, without limitation, a Covid-19 infection, whether caused by my or said Minor’s use of the Facilities and/or related equipment, any third-party using the Facilities and/or related equipment, or otherwise on account of or in any way relating to or arising out of use of the Facilities and/or related equipment. I understand that this release includes any and all Claims on behalf of myself, on behalf of my minor child(ren), and my household related use of the Facilities and/or related equipment including, without limitation, any Claims relating to Covid-19.
- I hereby agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorneys’ fees) arising either directly or indirectly from or related to any and all third-party Claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my, or my family, spouse, child(ren), Minor or Minors identified in this Agreement, and/or any member of my household’s use of the Facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise and specifically including, but not limited to, Claims related to COVID-19.
- I acknowledge that I have received and read a copy of this Agreement. I understand that I have the right to retain legal counsel before executing this Agreement, and I have either consulted with legal counsel, or have voluntarily elected not to do so. I agree that I understand and will fully comply with the terms stated herein.
I UNDERSTAND THE RISKS OF USING THE FACILITIES AND I HAVE CAREFULLY READ, UNDERSTAND AND VOLUNTARILY ACCEPT THE TERMS OF THIS AGREEMENT. I UNDERSTAND THAT I AM SURRENDERING CERTAIN LEGAL RIGHTS. I HEREBY WARRANT THAT I AM 18 YEARS OF AGE OR OLDER AND THAT I HAVE LEGAL AUTHORITY TO ACT ON BEHALF OF THE BELOW NAMED MINOR(S). I AGREE, ON MY OWN, AND ON BEHALF OF EACH SUCH MINOR, TO THE TERMS AND CONDITIONS IN THIS DOCUMENT.