Waiver of Claim
SUN VALLEY ASSOCIATES, INC.
P.O. Box 64, Lexington, MA 02420
WAIVER OF CLAIM
It is expressly agreed that members of the Sun Valley Association, their minor children and wards, and non-member users, their minor children and wards, and their guests (individually and collectively hereinafter referred to as “the Users”), assume all risks related to the use of the Sun Valley Association facilities, including but not limited to the swimming pool, tennis courts, and parking lot, and any transportation provided by Sun Valley Association, its members or employees. The Users shall abide by the Sun Valley Rules, hereby included by reference.
It is also expressly agreed that the Association, its Board Members, the Bond Holders, its officers, its employees or agents shall not be liable to the Users, their personal guests, their successors and assigns, for any injuries or any damage to the property of the Users, or their personal guests, or be subject to any claim, demand, injury or damages resulting from acts or omissions on the part of the Association, its officers, employees or agents.
The Association shall not be responsible or liable to the Users or their guests for property damaged, lost or stolen in or about the Association’s facilities.
The Users or their guardians shall assume full legal liability for their guests in connection with their guest’s use of any and all Sun Valley facilities.
My signature below confirms all household members who are 18 years old or older have read this Waiver of Claim, the Sun Valley Rules and agree to abide by them. If more than one person signs this agreement, the obligation shall be joint and several. If any part of agreement should be found unenforceable, all other parts shall remain in full force.
I certify the names of all household member-users have been listed on this membership application.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
As part of the Commonwealth of Massachusetts Phased Reopening Plan the Sun Valley Swim and Tennis Association ("Sun Valley") has put in place preventative measures to reduce the spread of COVID-19. However, Sun Valley cannot guarantee that you, your child(ren), or other members of your family will not become infected with COVID-19. Even with preventative measures in place, attending Sun Valley may increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Sun Valley and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Sun Valley may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Sun Valley employees, volunteers, and Sun Valley members and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), my family, or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my child(ren), or other members of my family may experience or incur in connection with attendance at Sun Valley or participation in Sun Valley activities (“Claims”). On my behalf, and on behalf of my family, I hereby release, covenant not to sue, discharge, and hold harmless Sun Valley, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Sun Valley, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Sun Valley activity.