Please read this form carefully and be aware that in utilizing the swimming pool amenities, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you, your family members, or your guests might sustain as a result of utilizing any and all amenities connected with and associated with the neighborhood swimming pool.
I agree to familiarize myself, my family members, and my guests with the rules of the Fort Johnson Estates Swim ming Pool and agree to abide by them. I understand the Fort Johnson Estates Swim Club, its officials, directors, agents, employees, volunteers and representatives retain the right to suspend or expel swimming pool users from use of the swimming pool amenities for failure to comply with the pool rules.
DISCLAIMER CLAUSE
The Fort Johnson Estates Swim Club, its officials, directors, agents, employees, volunteers and representatives (hereafter referred to as the “Swim Club”) are not responsible for any injury, loss or damage of any kind sustained by any person while utilizing the Swim Club’s swimming pool amenities, including injury, loss or damage which might be caused by the negligence of the Swim Club.
WARNING! THERE ARE OBVIOUS KNOWN DANGERS INHERENT IN SWIMMING POOL ACTIVI TIES. FOR EXAMPLE: DROWNING, NEAR DROWNING, SPINAL INJURY AND IN SOME CASES, DEATH.
DESCRIPTION OF RISKS
I recognize and acknowledge that there are certain dangers and risks of physical injury while swimming and using the pool amenities. I also understand that in order to be allowed to use the swimming pool I must give up my rights to hold the Swim Club liable for any injury or damage, which my family members, my guests, or I may suffer while utilizing the swimming pool amenities. I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my family members, my guests, or I may sustain as a result of using the swimming pool. I further agree to waive and relinquish all claims against the Swim Club that I, my family members, or my guests may have as a result of using the swimming pool.
INDEMNIFICATION AND RELEASE OF LIABILITY
In return for the Swim Club allowing me to voluntarily utilize its swimming pool amenity, I agree:
1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my use of the swim ming pool amenities, even though such risks may have been caused by the negligence of the Swim Club;
2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which my family members, my guests, or I may sustain while using the swimming pool amenities, even though such injury, loss or damage may have been caused by the negligence of the Swim Club;
3. TO INDEMNIFY AND HOLD HARMLESS the Swim Club, its officials, directors, agents, employees, volun teers and representatives from any and all claims, demands, actions and costs which might arise out of my use of the Swim Club's swimming pool amenities, even though such claims, demands, actions and costs may have been caused by the negligence of the Swim Club.
I understand and agree that this Agreement will have the effect of releasing, discharging, waiving, and forever re linquishing any and all actions or causes of action that I may have or have had, whether past, present or future, whether known or unknown, and whether anticipated or unanticipated by me, arising out of my use of the swim ming pool amenity. This Release constitutes a complete release, discharge and waiver of any and all actions or causes of action against the Swim Club.
I understand and agree that this Agreement applies to personal injury, property damage, or wrongful death which my family members, my guests, or I may suffer, even if caused by the negligent acts or omissions of others.
I understand that there is NO LIFEGUARD ON DUTY and that an adult must accompany children at all times.
I understand and agree that by signing this Agreement, I am assuming full responsibility for any and all risk of death or personal injury or property damage suffered by me, my family members, or my guests while utilizing the swim ming pool amenity.
I understand and agree that this Agreement will be binding on me, my spouse, my heirs, my personal representa tives, my assigns, my children and any guardian ad litem for said children.
I understand and agree that by signing this Agreement, I am agreeing to release, indemnify and hold the Swim Club harmless from any and all liability or costs, including attorney’s fees, associated with or arising from my use of the swimming pool amenities.
I do hereby fully release and forever discharge the Swim Club from any and all claims for injuries, damages, or loss that I, my family members, or my guests may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with the swimming pool amenities.
FORT JOHNSON ESTATES SWIMMING POOL CLUB
WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK ACKNOWLEDGEMENTS
I acknowledge that I have read and understand the 2024 FJE Swimming Pool Club Rules and Regulations.
I acknowledge that I have read this Agreement and that I understand the words and language in it. I have been ad vised of the potential dangers incidental to utilizing the swimming pool amenities. Knowing this and in considera tion of being permitted to use the swimming pool, I hereby voluntarily release the Swim Club from any and all lia bility resulting from or arising out of my use of the swimming pool amenities.
I understand and agree that I am releasing not only the Fort Johnson Estates Swim Club, but also the officials, direc tors, agents, employees, volunteers and representatives of that entity.
I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.
I UNDERSTAND THAT THIS IS A LEGAL AGREEMENT. It is binding upon me as well as upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
I HAVE READ AND UNDERSTOOD ALL THE TERMS OF THIS AGREEMENT, and by signing this agree ment voluntarily I am agreeing to abide by these terms.
WARNING - BY SIGNING THIS FORM YOU GIVE UP IMPORTANT LEGAL RIGHTS! PLEASE READ CAREFULLY!