Acknowledgement
The Green Valley Homeowners Recreation Association (GVHRA) has no obligation to offer recreation programs (i.e., Swim Team) or to allow you to participate in these programs. There is a real possibility that you could be injured while participating in these programs. If you sign this form, you are voluntarily asking permission to participate in these programs with the knowledge that you or your child could be injured. If you sign this form, you are releasing any claim against or right to sue GVHRA, including but not limited to its directors, employees, agents, or volunteers for injury you or your child may suffer, even if the injury was caused in whole or in part by the negligence of GVHRA or their employees, agents or representatives. I acknowledge that participation in this program(s) is potentially dangerous and I voluntarily consent to participating in this activity with knowledge of the danger involved and hereby agree to accept any and all risk of injury. I hereby acknowledge that the recreation facilities, including, but not limited to the swimming pool, may not be guarded at all times and that no lifeguard service will be provided by GVHRA. The safety and security of each user, including my minor children and guests shall be my sole responsibility.
I hereby voluntarily release, discharge, waive and relinquish any and all actions or causes of action including, but not limited to, personal injury, property damage or wrongful death occurring or arising as a result of engaging in and/or receiving instruction in said activity or any activities incidental thereto wherever or however the same may occur. For myself and my executors, administrators, minors, and assigns I hereby release, waive, discharge and relinquish any action or causes of action, aforesaid, which may hereafter arise and agree that under no circumstances will I or my heirs, executors, administrators and assigns prosecute, present any claim for personal injury, property damage or wrongful death against GVHRA or any of its directors, officers, agents, volunteers, or employees, of GVHRA for any of said causes of action, whether the same shall arise by the negligence of any of said persons, or otherwise.
Participant understands the nature of the inherent risks involved with gatherings at GVHRA facilities, including, but not limited to, risk of contracting and/or spreading viruses or other pathogens which can cause disease. Participant assumes all risk associated with potentially contracting and/or spreading any virus or pathogen which can cause disease. Participant acknowledges that GVHRA has taken precautions to mitigate the spread of any such virus or pathogen. Participant promises to fulfill their obligation to take steps necessary to mitigate the risk of contracting and/or spreading any virus or pathogen by following recognized measures from the Center for Disease Control, including but not limited to, staying home if sick, practicing proper hygiene procedures including washing of hands, disinfecting any surfaces Participant may come in contact with, and utilizing appropriate personal protective equipment such as masks and gloves. Participant agrees GVHRA has no duty to the Participant nor to any person with whom the Participant may come into contact.
Participant assumes all risks associated with Participant’s use of the GVHRA facilities, and hereby releases, waives and discharges GVHRA, and agrees to defend, indemnify and hold GVHRA harmless, from and against, any and all liability, claims, demands, fees, costs and expenses arising out of Participant’s use of GVHRA facilities and participating in GVHRA activities, and agrees not to sue GVHRA for any of the foregoing, regardless of whether arising out of the negligence of GVHRA or otherwise.
Participant expressly waives the benefits of California Civil Code 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Participant will inspect the facilities and equipment and if Participant believes anything to be unsafe, will advise GVHRA immediately and refuse to participate, and/or refuse to allow the minor participant named below to participate.
Participant represents that Participant is in sufficiently good physical condition to participate in the programs and activities Participant desires to engage in at GVHRA facilities.
Participant is further fully aware that this release shall be valid and limits the undersigned, on their and their family/minor children’s behalf, and their rights of recovery against GVHRA to the fullest extent permitted by law.
This release is governed by the laws of the State of California. In the event of any legal proceeding arising out of this release or the subject matter hereof, the prevailing party shall be entitled to its attorneys’ fees and costs. In the event any term or provision contained in this release is deemed or held to be unenforceable, the same shall not be deemed a waiver of any other term or provision of this release. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this release.
By signing, I have read and consented to all the provisions herein.
YES, I AGREE
*
Enter your initials to indicate acceptance:
*