Release & Waiver of Liability Form

SPOA Activity Center & Pool Release & Waiver
Of Liability Form and Commitment

SPOA Activity Center & Pool Release & Waiver Of Liability Form and Commitment

RECITALS and ASSUMPTION OF RISK: “I” understand, acknowledge, represent and agree: “SPOA” is a non-profit property owners association. Its only source of income is limited to dues and assessments paid by its members. “SPOA’s” dues and assessment are kept as low as possible for the benefit of its members. SPOA’s insurance expenses are extraordinarily high. This “Release” is made and given, in part, for the purpose of keeping SPOA dues and assessments as low as possible. “I” am solely responsible for “my” own “Insurance Coverage” and will look only and exclusively to such coverage in payment for “my” personal illness, injury, death or property damage. “I” always have the choice of not using any of “SPOA’s Facilities”. If “I” choose to use “SPOA’s Facilities”, I do so “AT MY OWN RISK”, regardless of the severity and under the term and conditions of this document.

RELEASE: “I” voluntarily and purposely agree to the terms and provisions of this “Release” and “Waiver” of Liability.

DEFINITIONS:

“Activity Center” and/or “SPOA”s Facilities” means and includes (but is not limited to):

The Swimming Pool and hot tub (spa), Gym/Weight & Exercise Area, Tennis court and/or the Meeting Room).

“INSURANCE COVERAGE” means and includes (but is not limited to): Coverage for or sums available for health/medical insurance, for life insurance, for prescription drug coverage, for doctors and hospital coverage, for medical services, drugs and/or for disability and/or disability services.

“SPOA” means and includes:

The Stoneridge Property Owners Association, a non-profit corporation, incorporated under the Law of Idaho. “SPOA” also means (but is not limited to): all Directors, Officers, agents, employees, Committee Chairs, Committee Members and Volunteers. “SPOA” also means and includes its successors and assigns.

“RELEASE” AND/OR “WAIVER” means and includes:

“I” am solely responsible for and do hereby release, fully discharge, waive and Covenant Not to Sue for any and all claims (whether know or unknown), suits (in law or equity), actions or proceeding, regarding any and all illness, injury, death, personal injury and/or property damages, arising out of in connection with the SPOA “Activity Center”/“SPOA’s Facilities”;

“I”, “You”, “My” and/or “Your” means and includes:

The person signing this form; and means and includes, whether or not this form is signed, and any renter/lessee of property owned by a Member of SPOA, including such renters/lessee’s: child(ren) or parent(s), family members or relatives; personal representatives, executors, heirs, successors and assigns.

RISKS ACKNOWLEDGED: “I” agree, acknowledge and understand of the risks “I” may be subject to include (but are not limited to):

Drowning; death; personal injury; illness; covid; abnormal blood pressure; stroke; heart attack; lack of a lifeguard; the risk of distance and not close emergency and/or medical assistance; lack of adequate emergency and/or medical response; contaminated water; water temperature; improperly treated water; wet surfaces; lack of adequate pool and/or lifesaving equipment; equipment malfunction; humidity; lack of proper equipment maintenance; the physical condition(s) of the facility, plant or equipment; inadequately maintained or inspected facility, plant and/or equipment; the presence or effect of mold; the presence or effect of rust; lack of first aid supplies; improper and/or malfunctioning refrigeration; potholes in roads; poorly or improperly maintained or installed roads or surfaces; uneven terrain; lack of adequate notice of dangers; “my” or other’s lack of proper or adequate physical or psychological condition and/or well-being; lack of supervision or observation; lack of sanitation; area cracks and/or uneven surfaces; community events; contact with wildlife and inclement weather; inadequate security or security monitoring.

GOVERNING LAW: This “Release” is intended to be as broad and inclusive as permitted by the laws of the State of Idaho and that this “Release” shall be governed by and interpreted in accordance with the laws of the State of Idaho. I agree that in the event that any clause or provision of this “Release” is deemed invalid, the enforceability of the remaining provisions of this “Release” shall not be affected.