Please read this document very carefully and make sure you understand it. This document is a legally binding agreement with important legal consequences. You are advised to consult with an attorney before signing this document.
Every person, or a parent or legal guardian of a person under the age of 18, desiring to use or participate in activities on or in or around the recreational amenities of Reunion Metropolitan District (the “District”) including but not limited to any swimming facilities, fitness center, play areas, and pet areas (each a “Facility” and together the “Facilities”) must read and sign this Waiver of Rights, Assumption of Risks, Release of Claims, and Agreement to Indemnify (“Waiver”). The Facilities are managed by The Young Men’s Christian Association of Metropolitan Denver d/b/a YMCA of Metropolitan Denver (“YMCA”). This Waiver applies to and binds you, the undersigned, your child or ward, and your personal representatives, assigns, heirs, and next of kin. It is possible that you (or your child or ward) may be injured while participating in recreational activities including but not limited to swimming, exercising, running, and climbing (each a “Recreational Activity” and together the “Recreational Activities”) on or in or around the Facilities or other property owned by the District, either because of your (or your child’s or ward’s) own conduct or omissions, the conduct or omissions of others, the conduct or omissions of the District, the conduct or omissions of the YMCA, or the condition of the Facilities. The District and the YMCA want to make sure you understand the potential risk of injury before you decide to participate in Recreational Activities or use or access the Facilities. It is required that you read this Waiver carefully and that you understand it.
By signing below, you certify that, before participating in any Recreational Activity, you have received any and all information you deem necessary or important in making an informed choice regarding your own participation or your child’s or ward’s participation or your guest’s participation in such Recreational Activity. You recognize and acknowledge that participation in Recreational Activities and using or accessing the Facilities involves risk of serious injury and loss, including but not limited to bodily injury, cardiovascular stress or failure, slipping and falling, drowning, permanent disability, death, damage to personal property (including but not limited to vehicles), exposure to inclement or dangerous weather, allergic reactions, insect or animal bites, severe social, emotional, or economic losses, and contraction of infection or disease including but not limited to COVID-19, 2 which injuries or losses might result from your own action or inaction, the negligence of others (including that of the District or the YMCA, or both), the rules of play, or the condition of the Facilities or any equipment used thereon.
By signing below, you certify that you understand these are some but not all of the risks involved. There may be other risks and dangers, a complete listing of which is not possible and cannot be anticipated, and by signing below you are agreeing to assume all such risks and dangers, whether or not described here, and whether or not such risks and dangers are known or unknown, foreseeable or unforeseeable. COVID-19 coronavirus (“COVID-19”) is extremely contagious and is believed to spread mainly from person-to-person contact. Methods of transfer include but are not limited to physical contact, contact through breath, and contact with stable surfaces. Additional information about COVID-19 and COVID-19 symptoms may be found at https://www.cdc.gov/coronavirus/2019- ncov/index.html and https://covid19.colorado.gov/about-covid-19. The District and the YMCA want to make sure you understand the potential risks of COVID-19 before you decide to use or access the Facilities or engage in Recreational Activities. There may be other risks and dangers relating to COVID-19, a complete listing of which is not possible and cannot be anticipated, and you assume all such risks and dangers, whether or not described here, whether known or unknown, and whether foreseeable or unforeseeable. You recognize and acknowledge the contagious nature of COVID-19 and the threat that COVID-19 poses to the health of individuals, and you voluntarily and knowingly assume the risk that you, your child or ward, or your guest may be exposed to or infected by COVID-19 while on or in or around the Facilities, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand and acknowledge that the risk of becoming exposed to or infected by COVID-19 on or in or around the Facilities may result from the actions, inactions, or omissions of yourself or others, including but not limited to the actions, inactions, or omissions of the District or the YMCA (or both).
By signing this Waiver, you agree that you, your child or ward, and your guest will use and access the Facilities and participate in Recreational Activities only while in good health and free of COVID-19 symptoms, including but not limited to fever, cough, and shortness of breath. You agree that you are legally responsible for your actions, your child’s or legal ward’s actions, and your guest’s actions, including but not limited to any damage to property and any personal injury or death caused by such actions. You understand and agree that the District and the YMCA are not and shall not be subject to or liable for any claims, demands, injuries, or damages whatsoever, irrespective of cause or origin, even if such claims, demands, injuries, or damages are caused, in whole or in part, by the negligence of the District or the YMCA or their respective officers, employees, agents, assigns, consultants, independent contractors, or representatives. You expressly waive all claims, demands, injuries, and damages that you have or may have, now or in the future, against the District or the YMCA (or both). You agree to indemnify, defend, and hold harmless the District and the YMCA, and their respective officers, employees, agents, assigns, consultants, independent contractors, and 3 representatives, from any claims, liabilities, damages, attorney fees, litigation costs and expenses, losses, death, or injuries, whether arising from bodily injury, slipping and falling, cardiovascular stress or failure, drowning, permanent disability or death, damage to personal property (including but not limited to vehicles), exposure to inclement or dangerous weather, allergic reactions, insect or animal bites, severe social, emotional, or economic losses, contraction of infection or disease including but not limited to COVID-19, or from any other cause (together, the “Claims, Losses, and Injuries”), which may result from your participation, your child’s or ward’s participation, or your guest’s participation in any Recreational Activity or your own, your child’s or ward’s, or your guest’s use of or access to the Facilities or other property owned by the District. For the avoidance of doubt, this agreement to indemnify, defend, and hold harmless applies equally to Claims, Losses, and Injuries caused or alleged to be caused, in whole or in part, by the negligence of the District or the YMCA, or both. You further agree to release, waive, and discharge, and covenant not to sue, the District or the YMCA, or their respective officers, employees, agents, consultants, representatives, and independent contractors, for any and all claims, demands, or causes of action arising out of or relating to any Claims, Losses, and Injuries incurred or suffered by you, your child or ward, or your guest as a direct or indirect result of your participation, your child’s or ward’s participation, or your guest’s participation in any Recreational Activity or use of or access to the Facilities or other property owned by the District. You acknowledge, understand, and agree there is no lifeguard or other attendant onsite at the Facilities and that all Recreational Activities, including but not limited to swimming activities, are wholly unsupervised by a lifeguard or by any other attendant. You understand and agree that all Recreational Activities, including but not limited to swimming activities, are undertaken at the participant’s sole and unilateral risk. The District and the YMCA are not and shall not be liable for any injuries, death, or damages caused or incurred in or on or around the Facilities, including but not limited to the swimming Facility, or caused or incurred during or in connection with any Recreational Activity. If you have a child or ward between the ages of 12 and 17 whom you would like to authorize to use or access the Facilities to Participate in Recreational Activities without your attendance, you must identify each such child or ward below. (Children under the age of 12 are not permitted to use or access the Facilities unless accompanied at all times by a parent or guardian.) Every child between the ages of 12 and 17 must pass a swim test before he or she will be allowed to swim unaccompanied by a parent or guardian. With reference to all children listed below (between the ages of 12 and 17), you expressly acknowledge, understand, and agree that there is no lifeguard or other attendant at the Facilities and that all Recreational Activities, including but not limited to swimming activities, are wholly unsupervised by a lifeguard or by any other attendant. You understand and agree that all Recreational Activities, including but not limited to swimming activities, are undertaken at the minor’s sole and unilateral risk. The District and the YMCA are not and shall not be liable for any injuries, death, or damages caused or incurred in or on or around the Facilities, including but not limited to the swimming Facility. By signing below, you are authorizing the following child(ren), who are between the ages of 12 and 17, to use and access the Facilities, including but not limited to the swimming Facility, 4 and to participate in Recreational Activities, without your attendance and without the presence of a lifeguard or any other attendant: Name (please print) Age Birthdate
By signing this Waiver, you certify that you have received any and all information that you deem necessary or important in making an informed choice regarding your own, your child’s or ward’s, and your guest’s use of and access to the Facilities, and you voluntarily agree to assume all risks and accept sole responsibility for any injury to you, your child or ward, or your guest, including but not limited to personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind, that you, your child or ward, or your guest may experience or incur in connection with use of or access to the Facilities or participation in Recreational Activities. Further, you agree that you have received sufficient information regarding the Recreational Activities to assess the potential degree of risk involved and the extent of possible injury, that you understand the activities and potential risks, that you have carefully read and fully understand the effect of relinquishing the rights that you hereby waive, and that you knowingly and voluntarily assume such risks, waive and relinquish such rights, and forever release the District and the YMCA from any and all claims, demands, and causes of action described herein.