POOL ACCESS AGREEMENT
This Pool Access Agreement (herein the “Agreement”) is entered into between your community association (or other property or cooperative association of owners) (the “Association”) and the owner, or person authorized to engage in this agreement on owner’s behalf, including owner’s tenant, guests, or invitees (collectively referred to herein as “Grantee”) of property identified herein, whether such owner is a person, corporation, partnership, or other legal entity being granted access to an Association facility and/or purchasing an access device for use in relation to an Association facility. The Association and Grantee are sometimes collectively referred to herein as the “Parties.”

Effective Date
This Agreement is to be effective as of the day of the order.

Consideration and Receipt
This Agreement is entered into for the consideration of the representations, warranties, covenants, and agreements contained herein, and for other good and valuable consideration, including access to facilities that may be conditional by Association rule on the receipt of this signed agreement, payment of assessment, and payment for and/or receipt and programming of access devices, the receipt and sufficiency of which is hereby acknowledged.

Authority
The undersigned signatories to this Agreement hereby represent and warrant that they are legally authorized to sign this Agreement and other contracts on behalf of the Parties.

Consent to Electronic Signature
Parties hereby agree and consent to use of an electronic signature in lieu of a wet signature and agree that such any signature or process in lieu of signature is fully enforceable. Records of agreements may be maintained by Association pursuant to records retention policies and such records are fully admissible in any legal proceeding.

HOLD HARMLESS AND INDEMNIFICATION
HOLD HARMLESS AND INDEMNIFICATION: GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY, AND SAVE ASSOCIATION, INCLUDING ASSOCIATION’S DIRECTORS, OFFICERS, AGENTS, MANAGING AGENT, EMPLOYEES, VOLUNTEERS (COLLECTIVELY REFERRED TO HEREIN AS THE “INDEMNITEES”), FROM AND AGAINST ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, INCLUDING BUT NOT LIMITED TO LOSSES, COSTS, EXPENSES, ATTORNEY’S FEES, MEDICAL BILLS, AND DAMAGES OF EVERY KIND AND CHARACTER WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, OR THE NEGLIGENCE OF ANY PARTY OF PARTIES, INCLUDING THE NEGLIGENCE OF INDEMNITEES, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT ARISING OUT OF OR IN CONNECTION WITH GRANTEE’S ACCESS TO OR USE OF FACILITIES, INCLUDING BUT NOT LIMITED TO, DEATH, DROWNING, INJURY TO ANY PERSON OR GRANTEE, ILLNESS, INFECTION OR ANY OTHER CAUSES OF ACTION.

IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, THAT THE INDEMNITY PROVIDED IN THIS SECTION IS AN INDEMNITY BY GRANTEE TO INDEMNIFY AND PROTECT THE INDEMNITEES FROM THE CONSEQUENCES OF GRANTEE’S OR THE INDEMNITEES OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE, OR A JOINT OR CONCURRING CAUSE OF THE INJURY OR DAMAGES. GRANTEE’S OBLIGATION TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE INDEMNITEES SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Assumption of Risk and Waiver of Notice
Grantee acknowledges, on behalf of Grantee, that this is a swim-at-your-own-risk facility at all times, whether or not a lifeguard may be on duty, and assumes all risk associated with use of swimming facility with knowledge that risks include possible injury or death due to drowning, slip and fall, or other peril. Grantee further acknowledges that the activity may be dangerous to themselves, their guests, and minor children. Please see your Association’s pool rules for additional information. Grantee hereby acknowledges Grantee has received, has read, and fully understands the pool rules, guidelines, and other restrictions and hereby accepts them and agrees to abide by them. Grantee hereby acknowledges that failure to abide by the pool rules and guidelines may result in suspension of pool privileges. Grantee hereby accepts all responsibility for any family members, guest, or invitees using the pool. Grantee hereby waives statutory requirement of notice prior to deactivation of card for nonpayment of Association dues or other fees and accepts this notice in lieu of certified notice. Grantee understands and agrees that pool card(s) will be deactivated if Association dues or other fees are not in good standing. Grantee hereby acknowledges that the pool card(s) are under no warranty and have been advised that the pool card(s) are not waterproof. DO NOT WET POOL CARD(S).

Severability
If any provision of this Agreement is held to be partially or completely contrary to law, and/or unenforceable, this Agreement shall be deemed to be amended to partially or completely modify such provision, or portion thereof, to the extent necessary to make it enforceable; or, if necessary, this Agreement shall be deemed to be amended to delete the unenforceable provision or portion thereof. In the event any provision is deleted, the remaining provisions shall remain in full force and effect. All obligations under this Agreement shall survive the expiration or termination of this Agreement to the extent required for their full observance and performance.

Warranty and Exchange Policy
Fees for access devices are non-refundable. In the event of a manufacturer malfunction, the device may be exchanged at no cost within 15 days of the original purchase.