Dunns Creek Plantation Pool Use Agreement

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1.  Indemnification:  The Owner(s)/Tenant(s) shall indemnify, defend, and hold the Dunns Creek Plantation Owners Association, Inc. (“Association”), its officers, employees, and agents harmless from any, and all, liabilities, claims, actions, causes of action, (including tort-based, contractual, injunctive, and/or equitable), demands, judgments, damages, costs or expenses (including without limitation reasonable attorneys’ fees and court costs), losses (including personal and/or real), and bodily injury, suits, administrative actions, arbitration, or mediation, whether or not involving third party claim, arising out of or in connection with any personal injury, property damage, death or other liabilities of whatever kind or nature, including contagious disease or infection including COVID-19 related injury or loss, that arise from, originating from, are related to or are in any way connected with, or associated with, or growing out of (directly or indirectly), access and use of the Association’s Pool facility which includes the pool itself, perimeter fencing, access gate, pool decking, pool chairs, pool tables, pool railings, and any auxiliary buildings, containers, or equipment related to the access, function, or use of the Pool facility (hereinafter referred to as a “Claim”).This indemnification for a Claim shall extend to the Owner(s)/Tenant(s) household, guests, and invitees.  This indemnification shall include without limitation and to the full extent permitted by law, any Claim which it is asserted and/or proved that the Association, its directors, officers, employees, agents or representatives: (1) was itself negligent or otherwise at fault; (2) any breach of any of the representations, warranties, covenants, obligations or duties contained in the governing documents of the Association for operation of the Pool facility; or (3) any violation of any federal state or local laws, rules or regulations.  The indemnification obligations herein shall survive the termination of this Agreement.

2.  Limited Access:  The Owner(s)/Tenant(s) will have electronic access cards made available to them for use of the Pool facilities during posted availability. The Owner(s)/Tenant(s) provided access to the Pool facility shall accompany any household member, guest, or invitee when such individuals use the Pool facilities. If Owner(s)/Tenant(s) fail to accompany such individuals, such individuals must immediately vacate the Pool facilities, and in such event the Association reserves the right to immediately suspend the Owner(s)/Tenant(s) access to the Pool facility without notice. Additionally, if the Owner(s)/Tenants(s) or their household member, guest, or invitee shall be in violation of any of the Rules and Regulations of the Pool facilities, the Association reserves the right to immediately suspend the Owner(s)/Tenant(s) access to the Pool facility without notice.  Warning: If you allow anyone entry into the facility who does not have their own card, your electronic pool cards will be disabled.

By submitting the below Pool Card Application Form, I hereby agree to the terms and conditions contained in this Pool Use Agreement and that I have read and understand the Rules and Regulations regulating the use of the Pool facilities and agree to abide by same.

I further agree to provide a copy of this Pool Use Agreement and the Rules and Regulations to my guests and household members when they are provided access to the Pool facilities.