Facility Access Waiver & Application - 2018 (May 1, 2018 – May 1, 2019)    For and in consideration of the use of any property, real or personal, owned, occupied, or maintained by the Carrington Property Owners Association, Inc., a North Carolina non-profit corporation (“CPOA”), including, but not limited to, the swimming pool,  tennis courts, and clubhouse located at 5701 Cary Ridge Drive, Charlotte, North Carolina (“the Facilities”) for swimming (inclusive of swimming while life guards may not be on duty when swimming will be “at your own risk”), tennis, social or business gatherings, and other uses within the contemplation of the rules and regulations of CPOA (collectively “Activities”) the undersigned (“Participant”) does hereby covenant and agree as follows:   

1. ASSUMPTION OF RISK AGREEMENT  I understand that my or my minor child’s, and/or quest(s) participation in the Activities involves unavoidable risks including, but not limited to, the risks of serious bodily injury, permanent disability, paralysis, and death. These risks may be caused by my, my minor child’s, or my guest(s) own actions or inaction, those of others participating in the use of the Facilities, the condition of the Facilities, or the negligence of the CPOA, its administrators, directors, agents, officers, volunteers, and employees, and participants, sponsors, advertisers, or the owners or lessors of the premises on which the Activities take place. I also understand that there may be other risks not reasonably foreseeable at this time.  I have chosen to participate or allow my minor child or my guest(s) to participate in the Activities in spite of these risks and I accept and ASSUME ALL RISKS AND ALL RESPONSIBILITY for losses, costs, and damages, I, my minor child or my guest(s) incur as a result of my, my minor child’s or my guest(s) participation in the Activities.   I understand the nature of any Activities in which I, my minor child, or my guest(s) choose to participate and I represent that I, my minor child, or my guest(s) are qualified, in good health, and in proper physical condition to participate in such Activities. If, during such Activities, it appears that I, my minor child’s or my guest(s) qualifications, health, or physical condition are no longer sufficient to meet the continuing demands of any particular Activity, I, my minor child or my guest(s) will immediately discontinue participation in that Activity.   

2. RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT  I hereby RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO HOLD LIABLE OR SUE the CPOA, its administrators, directors, agents, officers, volunteers, employees, sponsors, advertisers, or the owners or lessors of the premises on which the Activities take place, (each considered one of the “Releasees” herein) for any and all liability, claims, or demands for any injury, illness, death, or loss of or damage to property which I, my minor child or my guest(s) may suffer while participating in any Activities. This release and waiver of liability specifically includes, but is not limited to, liability or claims for injury, illness, death, or damage caused by the negligence of any of the Releasees, including negligence in rescue operations. I further agree that if I, anyone on my minor child’s or guest(s) behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which any Releasee may incur as the result of such a claim, including, but not limited to, the cost of reasonable attorneys fees incurred to defend such claim.    I have read this ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT and I understand that I am waiving substantial rights by signing it. I represent that I have voluntarily signed it without inducement and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by North Carolina law.  I agree that no oral representations, statement or inducements apart from the foregoing written agreement have been made.  I agree that if any portion of this Agreement is held to be invalid, the remainder of this agreement shall continue in full force and effect. Further, I acknowledge receipt of the rules and regulations of the Facilities and agree to abide by and be bound by these.    

3. PERMANENT RESIDENTS / ENROLLED MEMBERS  Permanent residents of Carrington, children residing with them, in full-time education, and grandchildren, as well as enrolled outside members & service partners are eligible for access cards. Any other family members  residing in Carrington or with an outside member or partner are subject to guest fees as levied by the Carrington Swim & Racquet Club.  Access cards are for resident, outside member, and approved partners use only and may not be given to guests. The Association will reclaim cards from the possession of anyone who is not approved for access and the home owner, outside member, or partner associated with the card will forfeited rights to their access card. The home owner, outside member, or partner may face additional sanctions as deemed appropriate by the Board.      A fee of $6 will be charged for all access cards needing to be replaced.    

4. PERMANENT RESIDENTS / ENROLLED MEMBERS  If the property is for rent, lease, lease to own or contract for deed, the owner(s) of record must complete and sign this document in order to be issued a access card. This document is giving the CPAO authorization to issue access cards to the renter named below in lieu of providing an access card to the owner of the property.  By signing below the owner(s) understands that he/she is giving up the privilege of using the pool during the current season to his/her tenant(s) listed below. The owner understands, he/she is still responsible for ensuring his tenants or contract purchasers abide by any and all rules and regulations concerning the use of the pool and all other Carrington facilities during this time.  Owners must inform their tenants or contract purchasers that their rights to use the pool and all Carrington facilities may be revoked for violations of the rules and regulations of the COPA.    

5. AUTHORIZATION  I, have read all terms and conditions in this waiver and have completed the on-line survey provided by the Association. By completing the on-line survey, I accept the terms and conditions as set out above and agree to be bound by the Declaration, bylaws, rules and regulations of the Carrington Swim & Racquet Club and/or the CPOA, as they may be amended from time to time.