Chapel Hills

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Releasing Party, on behalf of themselves and any child, children, or other person for whom I am custodian or guardian, and their guests, licensees or invitees (hereinafter the “Wards”) agrees that Releasing Party is personally responsible for their safety and actions, and the safety and actions of their Wards, while using the amenities, including but not limited to, facilities, pool, tennis courts, playground, tools, equipment, or materials (collectively, the “Amenities”).

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

Releasing Party acknowledges the contagious nature of COVID-19 and that it can be spread directly between participants using the Amenities of CHCA. I am aware that frequently touched surfaces allow for the transfer of infected respiratory droplets and that COVID-19 can survive on these surfaces. Releasing Party also understands that there is a risk of contracting COVID-19 by using the Amenities of CHCA. Although it is believed that COVID-19 cannot be contracted through water in a swimming pool, Releasing Party understands that neither CHCA, CHCA Board Members, Premier Association Management, Inc., nor the pool company makes any representations or warranties that Releasing Party will not contract COVID-19 swimming in the pool or that the chemicals treating the pool will protect Releasing Party from contracting COVID-19.

Releasing Party is aware that frequently touched surfaces include, but are not limited to, the following:

1. Pool gates, decks, fences, and railings;
2. Light switches, keyless entry readers, lock boxes;
3. Restroom faucets, sinks, soap and paper towel dispensers, toilets, toilet flush controls, and doors;
4. Door knobs/handles;
5. Stair railings and pool ladders;
6. Tables, deck chairs, chaise loungers, and benches;
7. Baby changing stations;
8. Drinking fountains;
9. Any emergency shut off controls.

CHCA cannot prevent Releasing Party, Releasing Party’s children, Releasing Party’s guests or Releasing Party’s invitees from becoming exposed to, contracting, or spreading COVID-19 while utilizing CHCA’s amenities. It is not possible to prevent against the presence of the disease. Therefore, if Releasing Party chooses to utilize CHCA’s services and/or enter onto CHCA’s premises, Releasing Party may be exposing themselves to and/or increasing their risk of contracting or spreading COVID-19.

Releasing Party understands and acknowledges that in the event of contracting COVID-19 or any other illness or injury, CHCA does not owe Releasing Party a legal duty to take any action on Releasing Party’s behalf.

Releasing Party agrees that they and their Wards will comply with all of CHCA’s covenants, policies and rules, including but not limited to all of CHCA’s regulations, guidelines, signage, and instructions. Because CHCA is open for use by other individuals, including but not limited to individuals who might choose not to follow recommended procedures to protect themselves and others from COVID-19, Releasing Party recognizes that they and their Wards are at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved and Releasing Party’s complete and sole assumption of these risks, Releasing Party and their Wards, for themselves and on behalf of their family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue CHAPEL HILLS COMMUNITY ASSOCIATION, INC., its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) regarding any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by Releasing Party and/or their Wards related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using CHCA’s Amenities, or otherwise, while participating in any activity while in, on, or around CHCA and/or while using any of CHCA’s Amenities.

Releasing Party agrees that neither they nor their Wards will visit or utilize the Amenities if they experience symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath or if Releasing Party and/or their Wards have a suspected or confirmed case of COVID-19. Furthermore, Releasing Party agrees that neither Releasing Party nor their Wards will visit or utilize the Amenities with fourteen (14) days after (a) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (b) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (c) exposure to any person who has a suspected or confirmed case of COVID-19.

CHCA has adopted the following Member & Guest Code of Conduct (the “Code”). The Code is intended to provide health and safety standards for Releasing Party and Releasing Party’s Wards and is aimed at protecting the welfare and wellbeing of members, guests, and employees while using and working in the common areas, clubhouse, tennis courts, playgrounds and pools owned or operated, directly or indirectly, by CHCA (hereinafter the “Amenities”).

Releasing Party is personally responsible for their safety and actions while using the Amenities. They agree to comply with all CHCA policies and rules, including but not limited to all CHCA policies, codes of conduct, guidelines, signage, and instructions. Because the Amenities are open for use by other individuals, they recognize that they are at risk of contracting COVID-19. With full awareness and appreciation of the risks involved, Releasing Party, for themselves and on behalf of their family, spouse, partner, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue CHCA, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) regarding any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by Releasing Party related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using any Amenities, tools, equipment, showers, or materials, or otherwise, while participating in any activity while in, on, or around, and/or while using, any Amenities’ facilities, tools, equipment, showers, or materials.

Releasing Party agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorneys’ fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to their use of any Amenities, tools, equipment, showers, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below Releasing Party acknowledges and represents that they have read the foregoing Waiver of Liability, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; Releasing Party is sufficiently informed about the risks involved in using the Amenities to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; they are at least eighteen (18) years of age and fully competent; and they execute this document for full, adequate, and complete consideration fully intending to be bound by the same. Releasing Party agrees that this Wavier of Liability shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws rules, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole.

This document, including, without limitation, the waiver and release of liability and indemnification and hold harmless provisions herein, shall survive the execution and delivery hereof and termination of the undersigned’s membership in CHCA. The undersigned expressly agrees that the foregoing COVID-19 WAIVER OF LIABILITY, INDEMNIFICATION & ASSUMPTION OF RISK is intended to be as broad and inclusive as is permitted under the laws of Georgia in favor of CHCA and that if any portion hereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full force and effect and the unenforceable provision(s) will be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. If either party brings any legal or other action against the other party to enforce any of the terms of this Agreement, Releasing Party, on behalf of Releasing Party and their Wards, agree that the non-prevailing party in such legal or other action will pay all reasonable costs, expenses, and fees (including attorney fees) incurred by the prevailing party which are attributable to such lawsuit, arbitration, or action, up to and including any appeals of such action. Releasing Party hereby forever releases and waives their right to bring suit against CHCA and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing CHCA’s services and premises. Releasing Party understands that this waiver means Releasing Party gives up their right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and gives up any claim they may have to seek damages, whether known or unknown, foreseen or unforeseen. If applicable, the undersigned parent or legal guardian does hereby represent that he/she has consented to use of the Amenities by their child or ward, and has agreed on behalf of said child, to the terms of this waiver and release of liability and to save and hold harmless and indemnify CHCA from any and all claims, actions, suits, damages and liabilities, including attorney's fees, made as a result of their use of the Amenities, whether caused by the negligence of the Released Parties or otherwise, and to reimburse the Released Parties for any such expenses incurred by them from the child's use of the Amenities

RELEASING PARTY, FOR THEIRSELF AND THEIR WARDS, AGREE TO AND HEREBY DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY RELEASING PARTY AND/OR ON BEHALF OF THEIR WARDS AGAINST CHCA ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WAIVER. RELEASING PARTY HAS CAREFULLY READ AND VOLUNTARILY SIGNED THIS COVID-19 WAIVER OF LIABILITY, INDEMNIFICATION & ASSUMPTION OF RISK AGREEMENT AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. RELEASING PARTY IS AWARE THAT BY SIGNING THIS AGREEMENT THEY ARE GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM CHCA IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING FOR THE AVOIDANCE OF DOUBT AND, WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY ILLNESS, INJURY, OR DEATH RESULTING THEREFROM. RELEASING PARTY UNDERSTANDS THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. RELEASING PARTY ALSO UNDERSTANDS THAT THIS AGREEMENT IS MADE ON BEHALF OF RELEASING PARTY, RELEASING PARTY’S MINOR CHILD(REN) AND/OR LEGAL WARDS, GUESTS, LICENSEES AND INVITEES AND RELEASING PARTY REPRESENTS AND WARRANTS THAT THEY HAVE FULL AUTHORITY TO SIGN THTS AGREEMENT ON BEHALF OF SUCH MINOR(S), WARDS, GUESTS, LICENSEES AND INVITEES. RELEASING PARTY ACKNOWLEDGES THAT THEY HAVE BEEN AFFORDED THE OPPORTUNITY TO HAVE LEGAL COUNSEL REVIEW THIS DOCUMENT AND HAVE EITHER SOUGHT LEGAL COUNSEL OR WAIVED THE OPPORTUNITY TO SEEK LEGAL COUNSEL AND DESIRE TO EXECUTE THIS DOCUMENT BASED UPON LEGAL ADVICE.