Please fill out the form below to accept our pool use waiver. By signing this form, you accept all terms listed in the waiver and all liability associated with COVID-19 risk and your community pool area on behalf of all parties entered into the form.
Tuscany Pines 1 Homeowners’ Association Pool Use Agreement and Release
In consideration of the Tuscany Pines 1 Homeowners’ Association (the “Association”) allowing me and/or my minor child/children, if applicable, to use the Association pool facility, during the COVID-19 pandemic, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby execute this Pool Use Agreement and Release (“Agreement”) agreeing and acknowledging as follows:
1. The use of the pool facility may be generally hazardous and pose a heightened risk of exposure to COVID-19 and/or other viruses, and I knowingly accept and assume this risk. I/we have complied with all CDC recommended and applicable quarantine guidelines., I understand and acknowledge that the Association reserves the right to require our removal from the pool facility at any time for any reason with or without cause. I realize that all risks associated with my/our use of the pool facility, including but not limited to, contracting or being exposed to COVID-19 or other virus, falls on and are assumed solely by me, on behalf of myself and my minor child/children.
2. We will practice social distancing in accordance with all applicable governmental orders and CDC and Oregon Health Authority (“OHA”) guidelines, including, covering any coughs and sneezes, washing hands frequently, and sanitizing and disinfecting any areas that I/we touch. I/we shall abide by all Association rules and policies and with customary safe practices related to COVID-19 and other viruses, particularly those established in any governmental order, by the CDC and OHA. I understand that governmental orders, regulations and CDC and/or OHA guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates.
3. The execution of this Agreement entitles me to use the pool. I further understand that my use of the pool may be revoked at any time by the Association’s Board of Directors at its discretion for any reason.
4. I/we release, waive, forever discharge, covenant not to sue, and agree to defend and fully indemnify, to the fullest extent permitted by law, the Association, its members, officers, directors, employees, managers and agents (the “Released Parties”) from or for any and all claims, costs, causes of action, and liabilities out of or related to any loss, personal injury, damages or death related to COVID-19 or other virus, of whatever kind and nature, known or unknown, anticipated or unanticipated, which arise from or are in any way related to the use of the pool (“Claims”) by myself or any family member for or through whom I may otherwise claim. In the event my minor child, upon reaching the legal age of majority, asserts any Claim against the Released Parties, I hereby agree to hold harmless and indemnify Released Parties in such legal action in the same manner and for the same reasons as otherwise covered in this Agreement.
5. I have read this Agreement, understand it and sign it voluntarily as my own free act and deed. No oral representations, statements or inducements, apart from the foregoing written agreements have been made.
Serving Central, Southern and Western Oregon
Portland, Bend, Salem, Eugene, Medford and all surrounding areas.
Mailing Address: 855 SW Yates Drive Suite 202 Bend, OR 97702 VISITORS BY APPT. ONLY