THIS POOL LIABILITY WAIVER (the “Waiver”) is entered into this

, by and between Empowering Potential Housing and       ("Family Resident”)

Hereinafter, these individuals are known collectively as the “Parties.”

The Parties hereby acknowledge that this Waiver is incorporated into Family Resident Agreement for the property referenced therein as the “Premises” and serves to affirm the following:

USE. Empowering Potential Housing agrees to allow the Family Resident to use the Pool at the Premises for recreational purposes, subject to all terms and conditions of this Waiver. The Empowering Potential Housing is not responsible for any loss of use due to weather, maintenance, or any other circumstances that may cause the pool to become unavailable. The use of the pool is an amenity, the unavailability of which is not a violation of any terms of your occupancy. 

SEASONALITY. The pool will generally be available for use from the months of May through September. The Pool is not guaranteed to maintain a certain temperature due to weather or any other natural causes. YOU ARE NOT ALLOWED TO USE THE POOL/SPA HEATER - EVER    

INHERENT RISK. The Family Resident acknowledges that the use of a pool and activities around the pool involves the potential risk of serious danger and bodily injury. The Family Resident further acknowledges that these risks may be the result of the actions or inactions of the Family Resident, their minor children, guests, or anyone else using or around the pool.  

ASSUMPTION OF RISK. The Family Resident will use the pool at their own risk and assumes all risks of bodily injury resulting from or around the Pool located on the Premises. This assumption of risk extends to all Family Residents, their minor children, guests, or anyone else on the property. 

RELEASE. The Family Resident releases the following parties from any loss or damage to property, physical injury, or death as a result of the pool and its use: the Empowering Potential Housing, the Property Owner, their employees, heirs, and successors. This release extends to the injuries of any party, both directly and indirectly related to the use of and around said pool.  

PRECAUTIONS. The Family Resident agrees to take reasonable precautions to ensure the safety of the pool. These precautions include, but are not limited to:

·        Locking any entrances to the pool when not in use 

·        Any individual that is unable to swim independently is required to wear an appropriate life vest. 

·        NEVER swim alone!  

·        No glassware in or around the pool  

·        Bath before swimming 

·        No spitting, spouting water from the mouth, or blowing the nose in the pool 

·        No diving into the pool 

·        No running or rough play in our around the pool 

·        No swimmers with communicable diseases, open blisters or cuts are allowed in the pool 

 

INSPECTION AND MAINTENANCE. The Family Resident agrees to properly inspect and maintain the pool and to ensure there are no defects that could result in injury to a party using or around said pool. This includes, but is not limited to, properly maintaining the chemicals and keeping the pool and pool area clean of debris and any potential obstructions.  

REPAIRS. The Family Resident is required to notify the Empowering Potential Housing immediately if there is any defect or issue that requires repair. All repairs will be the responsibility of the Empowering Potential Housing, except for those repairs that are the result of the negligence of the Family Resident. Family Resident will be solely responsible for the cost of any damage they or their guests caused to the pool, equipment, or the surrounding area.  

INDEMNIFICATION. The Family Resident agrees to indemnify and hold harmless the Empowering Potential Housing and Property Owner from any loss, damage, liability, attorneys’ fees, and costs that are the direct or indirect result of using said pool on the Premises. 

UNSUPERVISED USE. The Family Resident acknowledges that the Empowering Potential Housing has no responsibility to supervise the use of the pool. It is solely the Family Resident’s responsibility to supervise any individuals using the pool. Individuals unable to swim or children under the age of 18 are not allowed to use the pool unsupervised. An adult Family Resident must be present at all times. 

PETS. Pets of any kind are not allowed in the swimming pool (or the home) at any time. 

VIOLATIONS. If the Family Resident is not in compliance with any terms listed above it will result in suspension of pool use and/or discharged from the residence. 

Upon the signatures below, the parties agree that the above Waiver shall be legally binding and incorporated into the above-referenced Agreement.

Empowering Potential Housing

Rachel & James Romero

 

Family Resident’s Signature

Date