Colliers Hill Resident Waivers

In order for Colliers Hill residents to receive a pool access card and/or a fitness center access card, the following waiver must be completed. By signing this waiver, you agree to the waiver conditions and abide by the Swimming pool rules and access key and the fitness center use agreement.

It is expressly agreed that use of the Recreation Amenities and participation in activities or events at the Recreation Amenities shall be undertaken by the User or guest at his/her sole risk, and Colliers Hill Metropolitan District and Colliers Hill Master Association, Inc. its Officers, Directors, Members, and its Agents (“Released Parties”) to the parties to whom the User releases from liability and shall not be liable for any injuries or any damage to any User or guest, or be subject to any claim, demand, injury or damages whatsoever, irrespective of cause or origin and the negligence of the Colliers Hill Metropolitan District or its agents, servants, assigns, or employees, or otherwise and Colliers Hill Master Association, Inc. its Officers, Directors, Members, and its Agents (“Released Parties”). It is expressly understood and acknowledged that any and all use of the Recreation Amenities shall be wholly unsupervised and at such User's sole and unilateral risk. Colliers Hill Metropolitan District and Colliers Hill Master Association, Inc. its Officers, Directors, Members, and its Agents (“Released Parties”) shall not be responsible or liable to Users or their guest for articles damaged lost or stolen, in or about the Recreation Amenities, or in lockers; or for loss or damages to any property including but not limited to automobiles and the contents thereof. The undersigned User hereby attests that he/she has read and understands the above and has received a copy of this disclaimer and has received, read and understands Policies and Procedures Governing the Recreation Center and Recreation Amenities for Colliers Hill Overlook. Every household member 18 years and older must sign below:

I hereby authorize noted children minor(s) between the age of 14 and 18, to use the Overlook pool without my or any other legal guardian's indicated presence. In making such authorization, I acknowledge and agree any activities engaged in by said minor will be wholly unsupervised by a lifeguard or other attendant and shall be the minor's sole and unilateral risk. Colliers Hill and Colliers Hill Master Association, Inc. its Officers, Directors, Members, and its Agents (“Released Parties”) shall not be liable any injuries or damages caused or incurred by said minor, or be subject to claim, demand or injury or damages whatsoever, irrespective of cause or origin of negligence of the district's agents or employees or otherwise and Colliers Hill Master Association, Inc. its Officers, Directors, Members, and its Agents (“Released Parties”). It is agreed and understood that minor's unsupervised use of the above indicated use of the recreation amenities may be revoked at any time by the district manager in the event that said minor disregards or otherwise violates and District rules or regulations, policies or otherwise engages in conduct for use of the recreational amenities.

Every person, or a parent/legal guardian of a person under the age of 18 (“Minor”), desiring to use or participate in Swim at Your Own Risk at the swimming pool(s) (the “Pool”) of the Colliers Hill must complete this Waiver of Liability and Release – Swim at Your Own Risk (the “Waiver and Release”). PLEASE READ THIS WAIVER AND RELEASE VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND IT. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS. No lifeguard will be present at the pool during the hours of 10:00 a.m. to 8:00 p.m. from May 25 to September 3, 2024 (“Swim at Your Own Risk Hours”.) You understand that as a condition of your use of the Pool when no lifeguards are present, and potentially no other person will be present, you execute and agree to this Waiver and Release and will abide by its terms. It is possible that you or your Minor(s) may be injured while participating in activities at the Pool without lifeguard supervision either because of your or your Minor(s) own conduct, conduct of others, conduct of the Colliers Hill, or the condition of the Pool. Colliers Hill and Colliers Hill Master Association, Inc. its Officers, Directors, Members, and its Agents (“Released Parties”) wants to make sure that you understand the potential risk of injury before you or your Minor(s) use the Pool during Swim at Your Own Risk Hours. It is required that you read this Waiver of Liability and Release Form very carefully and make sure you understand it. By signing this Waiver and Release you certify that you have received any and all information that you deem necessary or important in making an informed choice regarding your own or your Minor(s)’ use of the Pool during Swim at Your Own Risk Hours, and you voluntarily agree to assume all risks and accept sole responsibility for any injury to you or your Minor(s) (including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind), that you or your Minor(s) may experience or incur in connection with use of the Pool during Swim at Your Own Risk Hours. You recognize and acknowledge that NO LIFEGUARD IS PRESENT at the Pool during Swim at Your Own Risk Hours. You recognize and acknowledge that pool staff such, as pool monitor(s) who may be present to enforce the pool rules during regular operating hours, are not lifeguards and do not assume lifeguard duties. You agree to agree to assume all risks and accept sole responsibility for any injury to you or your Minor(s) (including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind), that you or your Minor(s) may experience or incur related to the use of the pool without lifeguard supervision. You understand that swimming and other activities at the Pool are inherently dangerous activities, the risks of which include but are not limited to, death and serious bodily injury, due to possible malfunctions of pool equipment, weather, conditions of the Pool, falls, heart attack or stroke, or other infirmity, the conduct of other swimmers, and the risk that no one may be present to assist you if you have an injury. You are aware of all of the risks and warnings, and, with that information, you execute this Waiver and Release. You AFFIRM THAT YOUR USE OF THE POOL IS VOLUNTARY AND AT YOUR OWN RISK You agree to indemnify and hold Colliers Hill, its officers, employees, agents, consultants, independent contractors, and representatives (collective, the “District Indemnitees”) and Colliers Hill Master Association, Inc. its Officers, Directors, Members, and its Agents (“Released Parties”) harmless from any claim, liability, damage, loss, injury (including death), which may result from your participation, or the participation of your Minor(s), in any activity in or around the Pool during Swim at Your Own Risk Hours. You further agree to release, waive, relinquish, discharge, and covenant not to sue the District Indemnitees for any and all claims, demands, losses, costs, expenses or causes of action whatsoever arising out of any claim, liability, damage, loss or injury (including death) as a direct or indirect result of your participation, or your Minor(s)’ participation, in any activity at the Pool during Swim at Your Own Risk Hours. This release of liability and indemnity applies to you, the undersigned, your Minor(s), as well as any of your personal representatives, assigns, heirs and next of kin. You agree that you: (1) have received sufficient information regarding the use of the Pool during Swim at Your Own Risk Hours to assess the potential degree of risk involved, and the extent of possible injury; (2) understand the activities and potential risks; (3) have carefully read and fully understand the effect of relinquishing the rights that you hereby waive; and (4) voluntarily sign this Waiver and Release.