DISCLAIMER

ASSUMPTION OF RISK, RELEASE AND WAIVERASSUMPTION OF RISK, RELEASE AND WAIVER
READ CAREFULLY BEFORE SIGNING. THIS ASSUMPTION OF RISK, RELEASE AND WAIVER (“ACKNOWLEDGMENT AND RELEASE”) IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND LOWRY SWIM CLUB, A COLORADO NONPROFIT CORPORATION.
Membership Agreement (all adult members must sign)
My family and I agree to (and agree to cause our guests to) abide by the rules and regulations set forth from time to time in the Lowry Swim Club Handbook and Member Directory and all other rules, policies and procedures established from time to time for the Lowry Swim Club, including those posted at the Lowry Swim Club. We further agree that our membership is subject to the Bylaws and may not be sold or otherwise transferred.
ACKNOWLEDGEMENT. I acknowledge the following:
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.

Lowry Swim Club, a Colorado not for profit corporation (“LSC”) has put in place preventative measures to reduce the spread of COViD-19; however, LSC cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending LSC could increase your risk and your child(ren)’s risk of contracting COVID-19

In return for LSC providing services to you or your child(ren), which you agree is adequate consideration for this ACKNOWLEDGMENT AND RELEASE, you hereby agree as follows:
I. YOU ASSUME ALL RISKS.
 YOU 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 LSC ACTIVITIES OR ENTERING ITS PREMISES AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY OR DEATH. YOU FURTHER
UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 AT LSC ACTIVITIES MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF YOURSELF AND OTHERS, INCLUDING BUT NOT LIMITED TO, LSC EMPLOYEES, VOLUNTEERS, AND THEIR FAMILY MEMBERS OR OTHER LSC MEMBERS AND
THEIR FAMILY MEMBERS.
YOU VOLUNTARILY AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO YOUR CHILD(REN) AND YOURSELF (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY OR DEATH), ILLNESS, DAMAGE, MONETARY LOSS, CLAIM, LIABILITY, OR EXPENSE OF ANY KIND, THAT YOU OR YOUR CHILD(REN) MAY EXPERIENCE OR INCUR IN CONNECTION WITH YOUR CHILD(REN)’S PARTICIPATION AT THE LSC PREMISES OR IN LSC ACTIVITIES (“CLAIMS”). ON YOUR OWN BEHALF, AND ON BEHALF OF YOUR CHILD(REN), YOU HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE AND HOLD HARMLESS LSC, ITS MEMBERS, BOARD OF DIRECTORS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (“LSC PARTIES”), 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 LSC ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, WHETHER A COVID-19 INFECTION
OCCURS BEFORE, DURING OR AFTER ATTENDANCE AT LSC ACTIVITIES.

II. IN CONSIDERATION of our membership and use of the Lowry Swim Club (“Club”) facilities, grounds, equipment and/or swimming pools, the undersigned, for himself or herself and for his or her family members, invited guests, heirs and assignees DOES HEREBY ACKNOWLEDGE THE DANGER INHERENT IN SWIMMING AND USING CLUB FACILITIES AND DOES KNOWINGLY ASSUME THE RISK OF USING THE CLUB INCLUDING ALL OF ITS FACILITIES, EQUIPMENT AND SWIMMING POOLS AND DOES AGREE TO ABIDE BY THE BYLAWS, RULES, AND REGULATIONS OF THE CLUB. I understand and agree that the Club, its officers, directors, employees and agents are not guardians of the health or safety of any person who uses the Club and, accordingly, the Club, its officers, directors,
employees, and agents specifically decline and disclaim any responsibility for the dangers inherent in swimming. The undersigned, for himself or herself and for his or her family member, invited guests, heirs and assignees, DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE the Club, its officers, directors, employees and agents from any and all liability actions, causes of actions, claims and demands, damages, costs, expenses, and compensation on account of or in any way growing out of, based upon, caused by, or related in any way to any injury or damage incurred in the use of any facilities, grounds, equipment, or swimming pools.
IN ADDITION, the undersigned, for himself or herself for his or her family members, invited guests, heirs and assignees, hereby agrees to indemnify, save and hold harmless the Club, its officers, directors, employees and agents, and each of them, from and against any loss, liability, damage, claim, cost or expense, inclusive of attorney’s fees and expenses, which they might incur as a result of any injury or damage sustained, suffered or incurred by the undersigned, his or her family, invited guest, heirs and assignees, except to the extent any such injury or damage results from the willful negligence of the Club.

III. YOU RELEASE ALL CLAIMS AGAINST LSC. You hereby agree for yourself, your child(ren) and for your heirs, relatives, representatives, estate, agents and assigns, that you will not hold LSC PARTIES liable, and that you will WAIVE and RELEASE any Claims, demands or actions against them, for any SICKNESS, ILLNESS or DEATH, including as a result of COVID-19 or any similar virus, which results from or arises in connection with your or your child(ren)’s utilizing the services of or visiting the premises of LSC, other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct.

IV. RULES REGARDING LSC FACILITIES. You agree to abide by the following rules on behalf of yourself and your child(ren):
You will inform LSC if you or your child(ren) are experiencing Coronavirus symptoms and will refrain from entering the LSC facilities.
You will, upon request, have your temperature and/or your child(ren)’s temperature taken as well as undergo a further health screening.
You consent to the retention by LSC of the results of your and/or your children’s health screening data.
You will, upon entry to the LSC facilities, maintain social distance of 6 feet from any parties outside of your
own household.
You will, upon entering the LSC facilities, wear a mask or face covering and will cause your child(ren) to
do the same.
You will comply with all written policies of LSC as well as all directives from LSC employees or agents.
You will, if requested by LSC, leave the LSC facilities.
THIS ACKNOWLEDGEMENT AND RELEASE IS INTENDED TO PROTECT THE LSC PARTIES FROM LIABILITY FROM YOUR DECISION TO UTILIZE THE LSC FACILITIES AND SERVICES IN THE WAKE OF THE CORONAVIRUS OUTBREAK TO THE MAXIMUM EXTENT ALLOWED BY COLORADO LAW.
The purchaser has/have read this ACKNOWLEDGMENT AND RELEASE and understands its terms. Purchasing a membership via LowrySwimClub.org shall indicate understanding/acceptance of the ACKNOWLEDGMENT AND RELEASE terms and that the ACKNOWLEDGMENT AND RELEASE is executed freely and voluntarily, with a complete understanding that the purchaser is/are giving up substantial legal rights.

Agree