Terms and Conditions
FOR AND IN CONSIDERATION of the opportunity to utilize Donaldson Run Recreation Association (“DRRA”) facilities, equipment, programs and services (the “Facilities”) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Member and all Associate Members (including parental consent for all minor Associate Members), as defined in Article VI. MEMBERS AND MEMBERSHIP, Section 2 of the BY-LAWS OF THE DONALDSON RUN RECREATION ASSOCIATION, INCORPORATED, (which are available at https://drra.org) who will utilize the Facilities in connection with Member’s affiliation to DRRA (individually and collectively referred to as the “Members”) do hereby agree to the following:
Acknowledgement of Policies
The Members agree to abide by the Operating Rules and Regulations of DRRA. A copy of the Operating Rules and Regulations is available upon request at the front desk and at https://drra.org. DRRA reserves the right to temporarily revoke or permanently terminate the privileges of the Members for any violations of the above-referenced Policies and Procedures as defined in bylaws and Operating Rules and Regulations.
The Members give the Facilities’ staff permission to seek emergency medical, rescue, or evacuation services for them should they become injured or ill with the understanding that they are responsible for any expenses incurred. The Members also realize that the Members may be attended to by Facilities’ staff until medical care is available.
Assumption of Risk
The Members acknowledge the existence of risk in connection with use of the Facilities, whether in an active or spectator capacity (including, but not limited to, participation in fitness classes, aerobic activities, instructional and group classes and programs, sporting activities, use of equipment and swimming pools and/or mere presence at DRRA facilities) (all such use of the Facilities referred to as the “Activities”). Participation by the Members in the Activities is purely voluntary and the Members elect to participate with full knowledge of the risks of injury, illness or damage to property. The Members accept full responsibility for any injuries, illness or damage to property that the Members may sustain in the course of such Activities. The specific risks vary from one activity to another, but potential risk include, but are not limited to: scratches, cuts, splinters, bruises, sprains, dislocations, broken bones, torn muscles, torn ligaments, joint or back injuries, nerve damage, eye injuries or loss of sight, heat stroke or exhaustion, heart attacks, strokes, concussions, brain or spinal cord injuries, temporary or permanent paralysis, loss of bodily functions, drowning, or even death. These risks may result from the use of the Facilities, from the Activity itself, from the acts of others or from the unavailability of emergency medical care.
Waiver/Indemnify and Defend
The Members hereby release, waive, discharge, indemnify, covenant not to sue, and agree to hold harmless for any and all purposes DRRA and their employees, officers, members or agents (hereinafter collectively referred to as the “Releasees”) from any and all liability, claim, demand, causes of action, suits, losses, damages, property damage, property loss or theft, costs (including court costs and attorneys’ fees) or injury, including death, that may be sustained by the Members while using the Facilities and/or participating in any Activity whether caused by the negligence of the Releasees or otherwise. The Members understand and intend that this Assumption of Risk and Release is binding upon the Members and the heirs, executors, administrators and assigns of the Members.
Prerequisite Skills and Training
The Members agree to direct all questions about the skills, qualifications, or training necessary to properly use the equipment, facility, or to participate in Recreational Sports programs to the appropriate Staff Member on site. The Members acknowledge that no one can warn them/her of all of the dangers associated with the Facilities’ and that they have the responsibility to investigate any activity, hazard, or thing which may be dangerous or that the Members do not understand. The Members have verified with their physician or other medical professional that the Members have no past or current physical or psychological condition that might affect their participation in the Activities.
The Members understand that DRRA does not carry participant insurance and that the Members will be solely responsible for any medical, health or personal injury costs relating to use of the Facilities and participation in the Activities.
The Members expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Virginia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding
The Members have read, understand and accept the terms and conditions stated herein, and understand that the Members are giving up substantial rights, including the right to sue DRRA, or any of their officers, agents, servants, or employees. The Members acknowledge that the Members are agreeing to the agreement freely and voluntarily, and intend by agreeing via button below to be a complete and unconditional release of all liability to the greatest extent allowed by law. The Members attest they are the parent or legal guardian of any listed minor dependents. The Members acknowledge that this waiver shall be construed by the laws of the Commonwealth of Virginia notwithstanding choice of law provisions. Any actions or disputes related to this waiver shall only be brought in a state court of the Commonwealth of Virginia.
2020 Swimming Pool/Facilities COVID-19 Participation Agreement, Waiver and Release
Acknowledging that swimming and related physical activities are potentially hazardous, and that sanitation measures cannot guarantee elimination of all risks of contracting the COVID-19 virus, I hereby agree to the following as a condition of use of the Donaldson Run Recreation Association (“DRRA”) swimming pool, facilities and grounds (“Swimming Pool Facilities”) by me, my family members and all persons authorized to use the Swimming Pool Facilities under my DRRA membership (“Authorized Users”):
- I am at least 18 years of age;
- I and the Authorized Users are voluntarily using the Swimming Pool Facilities;
- I and the Authorized Users have read and are familiar with the DRRA rules and regulations concerning use of the Swimming Pool Facilities in effect for Summer 2020 (“2020 Rules”) and will read and become familiar with any updates to those rules;
- I understand that the 2020 Rules will be strictly enforced, and violation of those rules may result in suspension of individual Authorized Users, or of my entire household;
- Prior to being permitted entry and use of the Swimming Pool Facilities, I and the Authorized Users will be required to provide satisfactory answers to questions concerning our health status and possible exposure to COVID-19 posed by DRRA employees and staff, and agree to provide truthful and complete answers to such questions;
- Prior to being permitted entry and use of the Swimming Pool Facilities, I and the Authorized Users may be required to have our temperatures taken, and we consent to allowing DRRA staff to take our temperatures;
- In the event of answer to questions or temperature readings indicating possible COVID-19 illness or exposure in the household, I understand and agree that I, any person within my residence, or any Authorized User, may be denied access to the Swimming Pool Facilities until such time as a proper quarantine period has lapsed without symptoms;
- I will immediately report to the email@example.com and the firstname.lastname@example.org a positive COVID-19 test for myself, any person within my residence, or any Authorized User, and will cooperate with and hold DRRA harmless for contact tracing efforts to identify potential cases of exposure;
- In the event of a positive COVID-19 test for myself, any person within my residence, or any Authorized User, I or the Authorized User may be denied access to the Swimming Pool Facilities until such time as a proper quarantine period has lapsed without symptoms;
- I assume all risks associated with my use of the Swimming Pool Facilities, which risks may include close contact with other Swimming Pool Facilities users, and individuals working at DRRA, exposure to the COVID-19, and sickness, death, and disability related thereto;
- I, for myself and the Authorized Users, and my heirs, representatives and assigns, and anyone entitled to act on my behalf, hereby waive, release, and hold harmless DRRA, its Board members, directors, officers, agents, employees, staff, vendors and volunteers (“Releasees”) from all claims relating to COVID-19 arising out of the use of the Swimming Pool Facilities by me or the Authorized Users.
Consistent with government and health department guidance, DRRA is implementing numerous measures to decrease the risk of exposure to COVID-19 at the pool. Individuals who are particularly at risk due to their age or health are encouraged to carefully consider their individual situation and err on the side of caution in deciding whether and how to use the pool this summer.