RELEASE AND WAIVER OF LIABILITY

UNGUARDED HOURS

2011

PRINCETON CORNERS HOMEOWNERS' ASSOCIATION

PLEASE READ CAREFULLY AND COMPLETELY BEFORE SIGNING

For the sole consideration of the Princeton Corners Homeowners’ Association allowing (each of the signers hereinafter referred to as “I” or “me”) to use the Princeton Corners Homeowners’ Association Pool, the equipment therein and the surrounding environs (hereafter collectively referred to as “the Pool”), I hereby release and forever discharge the Princeton Corners Homeowners’ Association., its members individually, its officers, directors, agents, lifeguards, coaches and employees from any and all claims, demands, rights and causes of actions of whatever kind that I may have either arising from or by reason of any personal injury or property damage resulting from or in any way connected with my presence and/or activities at the Pool during periods in which a lifeguard is not on duty.

I further covenant and agree that for the consideration stated above I will not sue and will indemnify and hold harmless the Princeton Corners Homeowners’ Association, its members individually, their officers, directors, agents, lifeguards, coaches or employees for any claim for damages arising or growing out of my presence and/or activities at the Pool during periods in which a lifeguard is not on duty.

I agree to be bound by and comply with the terms and conditions of this Waiver and Release including but not limited to: compliance with the rules and regulations regarding the use of the Pool as set forth in the attached Annex (the “Pool Regulations”), and more specifically the section of the Pool Regulations relating to the use of the Pool during during periods in which a lifeguard is not on duty.

Unguarded Hours (No Lifeguard on Duty)

(please initial each rule in the space provided)

• All persons using the facilities do so at their own risk. X_______  

• The Pool will be open during Unguarded Hours to homeowners/renters with Full HOA Membership who are at least 21 years old (a "Qualified Resident") by pass key entry.  X_______

• Qualified Residents entering the pool by themselves during Unguarded Hours must be at least 21 years old.  Although permitted, it is not encouraged for anyone to swim alone. X_______

• A Qualified Resident may bring guests under the age of 21 during Unguarded Hours.  The Qualified Resident must accompany these guests at all times during Unguarded Hours.  Guests are defined as non-residents of Princeton Corners or immediate family members only. X_______

• Lifeguards must clear and lock the Pool after guarded hours. Qualified Residents must leave the Pool area immediately at closing time then return via pass key entry. X_______

• The Pool pass key is the property of Princeton Corners Homeowners' Association. The Pool pass key is strictly for the use of the homeowner(s). The Pool pass key is to be returned to the Pool Committee when the homeowner(s) sell their residence in Princeton Corners or no later then seven days after the close of the pool season as announced on the web-site.  X_______

• Lost keys can be replaced after paying a lost key fee of $50.00.  There will be only one key per household.  X_______

• Qualified Residents using the Pool area are responsible for all clean-up, normal pool furniture arrangement, and lock-up.  X_______

• The Pool gate will/must remain locked at all times when a lifeguard is not on duty. Each Qualified Resident is required to “lock-up” after entering/leaving the Pool, even when other Qualified Residents are still in the Pool area. (i.e., the gate is not to be propped open).  X_______

• There will be no parties at the pool during unguarded hours.  For the purpose of this agreement, guests in a number of five or more will constitute a party.  X_______

• After hours parties must be guarded by an approved professional life guard, obtained through the Pool Committee Chair.  X_______

• Parents must remain at poolside when children are in or around the Pool.  X_______

• Qualified Residents will be provided a pass key for the Pool after signing a form stating they have read, understand and will abide by the Pool Regulations. A Pool Committee member will be appointed to assist in the distribution of the pass key.  X_______

• Swimming is prohibited during inclement weather such as lightning and thunder.  X_______

• Under no circumstances, may a person less than 21 years old, enter the Pool during Unguarded Hours without being accompanied by a homeowner/renter with Full HOA Membership (an "Qualified Resident). A Qualified Resident does not include babysitters, nannies, grandparents who do not live in the household, etc.  X_______

• Violation of these rules as stated will result in an immediate suspension of pool privileges for the remainder of the pool season.  X_______

This                   day of                          , 2011

MEMBER (PLEASE PRINT NAME BELOW)

__________________________________________________________________

Address                                                          

_________________________________________________________________

telephone number/email address