WHEREAS, the undersigned is utilizing swimming facilities owned and/or operated by Byrnwyck Community Association, Inc. or allowing the participation of his or her minor child or other person for whom the undersigned is guardian in activities at Byrnwyck Community Association, Inc. pool (hereafter collectively referred to as “Participant”); and
WHEREAS, such use requires the undersigned Participant to be in and around the premises and business operations of Byrnwyck Community Association .; and NOW, THEREFORE, in consideration of being permitted on and around the premises and business operations of Byrnwyck Community Association, Inc. and to use the facilities owned or operated by Byrnwyck Community Association, Inc., and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, on behalf of Participant, hereby agrees to release, protect, and hold harmless Byrnwyck Community Association, Inc., its subsidiaries or affiliated companies, directors, officers, employees, agents and assigns, against and from any and all liability of any and every kind, nature or description for injury to or death of any person or persons whomsoever and for loss or damage to any property whatsoever, together with all costs and expenses incident thereto arising in any manner, directly or indirectly, out of or in connection with the use of Byrnwyck Community Association, Inc. facilities, provided such indemnification shall not extend to injury, death, loss or damage caused by the gross negligence or willful misconduct of Byrnwyck Community Association, Inc. or its employees. It is further expressly understood and agreed that swimming and related water sports and activities are inherently dangerous activities, and that certain risks accompany participation in said activities, including, but limited to, the risk of physical injuries from falling, being struck by fellow participants, drowning, and exposure to communicable diseases.
BY PARTICIPATING IN SWIMMING AND RELATED WATER SPORTS AND ACTIVITIES AT BYRNWYCK COMMUNITY ASSOCIATION POOL, YOU AGREE AND UNDERSTAND THAT YOU ARE ASSUMING THE RISKS ASSOCIATED WITH SAID ACTIVITIES. SAID RISKS ARE PRESENT AND INHERENT IN SAID ACTIVITIES IRRESPECTIVE OF THE ACTIONS OR INACTIONS OF BYRNWYCK COMMUNITY ASSOCIATION, INC. IN MAINTAINING, MONITORING, OR SUPERVISING THE PREMISIS OR ACTIVITIES. It is further expressly understood and agreed that the Participant will observe and abide by all warnings, instructions, and precautions issued or made by employees or agents of Byrnwyck Community Association Inc. with respect to the use of the premises and participation in the swimming and related waters ports and activities, regardless of whether such warnings, instructions, and precautions are written, spoken, or otherwise. It is the duty of Participant to familiarize himself/herself with said warnings, instructions, and precautions prior to his/her use of the Byrnwyck Community Association, Inc. facility. It is further understood and agreed by the Participant that Byrnwyck Community Association, Inc.’s facilities are open to the general public and that Byrnwyck Community Association, Inc. is unable to prevent individuals who are infected with a communicable disease from visiting Byrnwyck Community Association facilities. Byrnwyck Community Association, Inc. will at all times follow the guidance of the Center for Disease Control and local governmental health officials, but such compliance is no guarantee that visitors to the Byrnwyck Community Association, Inc. facilities will not otherwise be exposed to a communicable disease.
Accordingly, by signing below, Participant acknowledges the risk of contracting a communicable disease exists whether or not Participant visits Byrnwyck Community Association, Inc.'s facilities and waives any claim against Byrnwyck Community Association Inc. related to Participant’s contraction of a communicable disease including COVID-19 after visiting a Byrnwyck Community Association, Inc. facility.