COVID-19 Waiver of Liability, Indemnification & Assumption of Risk Agreement 

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HIDDEN LAKES

Property Owners Association, Inc.

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1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, on behalf of myself and any child, children, or other person for whom I am custodian or guardian (my “Wards”), agree that I am personally responsible for my safety and actions, and the safety and actions of my Wards, while using the amenities, including but not limited to, facilities, pool, dock, playground, tools, equipment, or materials (collectively, the “Amenities”) at Hidden Lakes managed by the Hidden Lakes Property Owners Association, Inc. and its Board of Directors (collectively, “HIDDEN LAKES”). I agree that I and my Wards will comply with all HIDDEN LAKES covenants, policies and rules, including but not limited to all HIDDEN LAKES regulations, guidelines, signage, and instructions. Because HIDDEN LAKES is open for use by other individuals, including but not limited to individuals who might choose not to follow recommended procedures to protect themselves and others from COVID-19, I recognize that I and my Wards are at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved and my complete and sole assumption of these risks, I and my Wards, for ourselves and on behalf of our family, spouse, estate, heirs, executors, administrators, assigns, and personal

representatives, hereby forever release, waive, discharge, and covenant not to sue HIDDEN LAKES, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my Wards related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the HIDDEN LAKES Amenities, or otherwise, while participating in any activity while in, on, or around HIDDEN LAKES and/or while using any HIDDEN LAKES Amenities.

 

2. I agree that neither I nor my Wards will visit or utilize the Amenities if I/they experience symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath or has a suspected or confirmed case of COVID-19, Furthermore, I agree that neither I nor my Wards will visit or utilize the Amenities with fourteen (14) days after (a) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (b) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (c) exposure to any person who has a suspected or confirmed case of COVID-19.

 

3. I, for myself and my Wards, agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use, or the use of others to whom I permitted access directly or indirectly, of the HIDDEN LAKES Amenities, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

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4. By signing below I, for myself and my Wards, acknowledge and represent that I have read the foregoing Waiver of Liability, Indemnification and Assumption of Risk, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the HIDDEN LAKES Amenities to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I, for myself and my Wards, agree that this Wavier of Liability will be governed by and construed in accordance with South Carolina law, and that if any of the provisions hereof are found to be unenforceable, the remainder will be enforced as fully as possible. This waiver remains in full force and effect until such time as HIDDEN LAKES, by written notice to all Owners, cancels it.

 

5. The undersigned expressly agrees that the foregoing COVID-19 WAIVER OF LIABILITY, INDEMNIFICATION & ASSUMPTION OF RISK is intended to be as broad and inclusive as is permitted under the laws of South Carolina in favor of HIDDEN LAKES and that if any portion hereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full force and effect and the unenforceable provision(s) will be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole.

 

6. If either party brings any legal or other action against the other party to enforce any of the terms of this Agreement and HIDDEN LAKES prevails in such legal or other action, I, on behalf of myself and my Wards, agree that I will pay all reasonable costs, expenses, and fees (including attorney fees) incurred by HIDDEN LAKES which are attributable to such lawsuit, arbitration, or action, up to and including any appeals of such action.

 

I, FOR MYSELF AND MY WARDS, AGREE TO AND HEREBY DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ME OR ON BEHALF OF MY WARDS AGAINST HIDDEN LAKES ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WAIVER.

 

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS COVID-19 WAIVER OF LIABILITY, INDEMNIFICATION & ASSUMPTION OF RISK AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

 

I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM HIDDEN LAKES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING FOR THE AVOIDANCE OF DOUBT AND, WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY ILLNESS, INJURY, OR DEATH RESULTING THEREFROM.

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I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).

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I have read and understand the terms of this COVID-19 Waiver of Liability, Indemnification & Assumption of Risk and agree to its terms.

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Date: ________________________

Address: ________________________

Signature of Owner: ________________________

Signature of Tenant: ________________________

 

Names of Children/Other Occupants:

1. ________________________

2. ________________________

3. ________________________

4. ________________________

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