WAIVER

“PLEASE READ CAREFULLY. BY ACKNOWLEDGING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

In consideration for and as part of being allowed access to the Sparkman Pool, each member or guest agrees (a “Pool Guest”), waives, and releases Sparkman Club Estates Community Club (the “Sparkman Club”), its Board, and other members from all liability related to the use and access to the Sparkman Pool facility. Pool Guest understands and agrees the membership or the ability to swim outside of lifeguard hours is valuable consideration for the release of the Sparkman Club and its Board of Directors. Pool Guest agrees there are certain inherent and deadly risks in using a pool without a lifeguard present. By accessing the pool, the Pool Guest recognizes and fully understands certain things, including:

There are times when there is no lifeguard on duty, you (the Pool Guest) are responsible for the safe operation of the pool and are responsible for all persons in your membership and any guest or visitor you allow to use the pool during your stay. All children under the age of 14 must be accompanied by someone over the age of 16 when there is not a lifeguard on duty.

My use of the pool facilities during my visit to the pool involves certain inherent and dangerous risks, which include but are not limited to:

1. The risk of injury resulting from possible malfunction of the pool equipment.
2. The risk of injuries resulting from tripping or falling over obstacles in the pool area.
3. The risk of injuries resulting from unsupervised divers and swimmers colliding.
4. The risk of other injuries resulting from participating in any action in the pool.
5. The diving board and lifeguard stands are completely closed when lifeguards are not present. Failure to follow these rules will result in loss of membership, suspension of membership, or a fine.

I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list serves only to provide examples of the types of risks that I am assuming.

In exchange for Sparkman Club allowing me to utilize the pool and recreation area during my visit, I hereby agree to the conditions below. I fully and freely waive the legal rights, as stated below:

1. I WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Sparkman Club, its directors, officers, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use of the pool and pool area.
2. I RELEASE THE RELEASEES from any claims for negligence, from all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer or that any guest, invitee, or other visitor admitted to the pool facility by me
   or my family in connection with my use of the Sparkman Pool and its related facilities to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES.
3. I understand swimming is inherently dangerous and involves the risk of death. I fully understand that Sparkman Club will not be supervising my swimming and I accept all risks associated with swimming without a lifeguard present at the pool.
4. I HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property or personal injury to any third party.
5. That I am over the age of 18 and that I am responsible for and will adhere to all the rules of the property as listed in the Sparkman Membership By-Laws as well as the rules listed in the pool area.
6. I, the undersigned, am waiving all negligence claims, gross negligence claims, personal injury claims, and mental anguish claims.
7. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate.
8. POOL GUEST SHALL DEFEND THE RELEASEES WITH RESPECT TO, AND SHALL PAY, PROTECT, INDEMNIFY AND HOLD HARMLESS THE RELEASEES INDEMNIFIED PARTIES FROM AND AGAINST, ANY AND ALL LIABILITIES, LOSSES, DAMAGES, PENALTIES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS OR JUDGMENTS OF ANY NATURE WHATSOEVER, HOWEVER CAUSED, (A) TO WHICH ANY OF THE RELEASEES IS SUBJECT BECAUSE OF THE RELEASEES’S ESTATE IN THE PROPERTY OR (B) ARISING FROM (I) INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR LOSS OF PROPERTY, REAL OR PERSONAL, IN ANY MANNER ARISING THEREFROM, OCCURRING ON THE PROPERTY OR CONNECTED WITH THE USE, NON-USE, CONDITION, OCCUPANCY, DESIGN, CONSTRUCTION, MAINTENANCE, REPAIR OR REBUILDING OF ANY THEREOF, WHETHER OR NOT SUCH RELEASEE HAS OR SHOULD HAVE KNOWLEDGE OR NOTICE OF THE DEFECT OR CONDITIONS, IF ANY, CAUSING OR CONTRIBUTING TO SAID INJURY, DEATH, LOSS, DAMAGE OR OTHER CLAIM, (II) POOL GUEST’S VIOLATION OF THIS AGREEMENT, AND (III) ANY ACT OR OMISSION OF POOL GUEST OR ITS AGENTS, CONTRACTORS, LICENSEES, POOL GUESTS OR INVITEES.