FOREST HILL SWIM AND TENNIS CLUB PROPERTY AND FACILITIES GUEST WAIVER AGREEMENT AND RELEASE FROM LIABILITY
This Forest Hill Swim and Tennis Club Property and Facilities Guest Waiver Agreement and Release from Liability (“Agreement”) is entered on the submission date referenced below, by and between Forest Hill Swim and Tennis Club (“Landowner” of “Club”) and the undersigned individual (“Guest”), who is a rightful invitee of a member of the Club, who desires to use Landowner’s property and facilities, including but not limited to, the Landowner’s swimming pools, pool amenities, locker rooms, bathrooms, playground equipment, fields, pond, recreation areas, tennis, pickleball and basketball courts, and all other facilities (“Facilities”), owned and operated by the Landowner; and intending to be legally bound by the terms hereof, Guest hereby agrees to the following:
1. Guest Responsibilities : If prior to using any of the Facilities, Guest has any concern about the condition or safety of the Facilities, or if Guest believes anything relating to the Facilities is unsafe, Guest will not enter the Facilities and will promptly notify the Landowner’s lifeguards, employees, independent contractors, or management of Guest’s concern. If at any time during the use of the Facilities, Guest feels that anything related to the Facilities is unsafe, or Guest feels unsure as to the safety of the activity in which Guest is engaging, Guest will immediately cease to participate and notify the Landowner’s lifeguards, employees, independent contractors, or management of Guest’s concern.
2. Guest Assumption of Risk : Guest acknowledges and fully understands that Guest will be engaging in activities that involve risk of serious injury, including permanent disability and death, as well as severe social and economic losses, which might result not only from Guest’s own actions or inactions, but from the actions or inactions or negligence of others; and that there may be other risks not known, or not reasonably foreseeable, at the time of such activity. Guest agrees to assume all the foregoing risks, and any others that may come from use of the Facilities; and accepts personal responsibility and liability for the consequences of any injury, permanent disability, or death.
3. Hold Harmless of the Landowner: Guest agrees to release and hold harmless the Landowner and its officers, directors and members, acting in their capacity as Landowner officers, directors or members, from any liability, claim, suit, action, demand, damage, cost or expense of any nature arising out of any personal injury and/or property damage that Guest might suffer as a result of any participation by Guest, or other participants, on the property where the Facilities are located. Guest acknowledges that by signing this Agreement, Guest is waiving certain legal rights, including, without limitation, the right to sue the Landowner and its elected officers, directors or members, arising out of any personal injury and/or property damage that Guest may suffer, directly or indirectly, while using the Facilities.
4. Parties Covered by the Agreement: Guest agrees that they are executing this Agreement on behalf of themselves in order to use the Facilities of the Landowner.
5. Freedom to Execute: Guest acknowledges and agrees that Guest is entering into this Agreement of their own free will and without duress.
6. Entire Agreement; Choice of Law: Landowner and Guest expressly agree that this Agreement is the sole and exclusive understanding between them, and that any other oral or written representation or expression of intent is not to be given any legal effect and is deemed to be null and void. Landowner and Guest further hereby agree that this Agreement is to be interpreted in accordance with the laws of the state of Maryland, as broadly and inclusively as those laws permit.
THE GUEST HAS READ THIS AGREEMENT, UNDERSTANDS THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND ENTER IT WILLINGLY AND VOLUNTARILY.