Barracudas

2023 BELLA CASA BARRACUDAS SWIM TEAM

RELEASE AND INDEMNIFICATION AGREEMENT

The undersigned Parents/Guardians of the minor child/children listed below (“Participant(s)”), hereby acknowledge, by signing this Release and Indemnification Agreement, the following terms and conditions of use of the swimming pool located within the Bella Casa community at 2700 Evans Road, Apex, NC (“Pool”), and acknowledge the undersigned’s responsibility for ensuring that the Participant(s) comply with the terms and conditions contained herein at all times in which the Pool is in use by the Participant(s) as members of the Bella Casa Barracudas Swim Team:

* We certify that we are members in good standing with the Bella Casa Homeowners Association, Inc. (“Association”), and we are the parents of the Participant(s), all of whom are less than 18 years of age. We certify that the Participant(s) are members of the Bella Casa Barracudas Swim Team.

* We understand that the Bella Casa Barracudas Swim Team may be given certain privileges to use the Pool at times when the Pool may not be officially open to the community as a whole, as well as when the pool is open to the community. There will be times when no lifeguards will be on duty, even when the Pool is officially open to the community. Participant(s) are swimming at their own risk at all times when utilizing the Pool, whether or not lifeguards are on duty.

* We understand that during swim team practice, the Participant(s) are only allowed to swim in that portion of the Pool designated for swim team use. No siblings or other children who are not swim team members are permitted to use that portion of the Pool designated for swim team use during swim team practice.

* We understand that diving into the pool is only allowed during swim team training sessions and swim meets, and then only under the direction and supervision of the swim team’s certified swim coaches. We understand it is our responsibility to ensure that the Participant(s) understand and are aware of these policies concerning diving into the pool.

* We understand that neither the Association nor its Board of Directors is responsible for any injury (or loss of property) suffered by the Participant(s) arising from the Participant(s)’s involvement in any swim practice, swim meet, or any other activity while participating as a member of the Bella Casa Barracudas Swim Team, including injuries or claims resulting from the ordinary negligence of the Association, or its officers, directors, committee members, managers, employees, agents and assigns.

* In consideration of permission granted to the Participant(s) to utilize the Pool as part of the 2023 Bella Casa Barracudas Swim Team, the undersigned on behalf of themselves and the Participant(s) and their legal representatives, beneficiaries, heirs, assigns and personal representatives do hereby fully release, remise, acquit and forever discharge the Association (and its officers, directors, committee members, managers, employees, agents and assigns) from any and all claims, demands, actions, causes of action, suits, debts, losses, liabilities, damages, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) related in any way to or arising out of participation of the Participant(s) in the 2023 Bella Casa Barracudas Swim Team. This release includes, but is not limited to, any and all claims for personal injury or property damage and causes of action or suits of law or in equity of whatever kind or nature, whether based upon alleged tort or alleged contract, breaches of duty, or any other legal or equitable theory of recovery, whether past, present or future, which are now known, or should have been known, or are unknowable at the time of signing of this Agreement, and which have arisen, or are now arising, or may hereinafter arise, in connection with the participation of the Participant(s) in the 2023 Bella Casa Barracudas Swim Team.

* We further agree, on behalf of ourselves and the Participant(s), to indemnify, defend and hold harmless the Association (and its officers, directors, committee members, managers, employees, agents and assigns) from any and all claims, demands, actions, causes of action, suits, debts, losses, liabilities, damages, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) related in any way to or arising out of participation of the Participant(s) in the 2023 Bella Casa Barracudas Swim Team, including all types of claims whether sounding in contract or in tort or otherwise, when the alleged injury or damage shall result from, arise out of, or be attributable in any way to participation of the Participant(s) in the 2023 Bella Casa Barracudas Swim Team.

* We understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect.

* We, the undersigned, have read this release and understand all its terms and execute it voluntarily and with full knowledge of its significance.

COVID-19 protocols

Any swimmer who tests positive for COVID-19 will:

1.  Notify the Head Coach by email to [email protected] 

2.  Self-isolate and self-quarantine according to current Wake County guidelines.

Swimmer/s may return when:

They are symptom free for the last 24 hours without fever reducing medications.

ACKWLEDGEMENT:

I acknowledge that (a) novel coronavirus (''COVID-19") infections have been confirmed throughout the United States including in North Carolina; (b) COVID-19 is extremely contagious and is believed to be spread by various methods including person-to-person contact and contact with contaminated surfaces; and (c) that it is believed that people who have COVID-19, but do not show symptoms, may be able to spread the virus.

I fully understand and appreciate both the known and potential dangers of participating in the Bella Casa Swim Team and acknowledge that participation by me and/or my children is completely voluntary and may, despite reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

I HEREBY AGREE TO THE FOLLOWING:

ASSUMPTION OF RISK AND RELEASE OF LIABILITY

By signing this agreement, I voluntarily assume all known and unknown risks of COVID-19 exposure and accept sole responsibility for any injury to my child(ren) or myself including but not limited to quarantine, personal injury, illness, disability, and/or death, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may

experience or incur in connection with participating on The Bella Casa Barracudas Swim Team (collectively, “Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless The Bella Casa Barracudas, Bella Casa HOA and Omega Management Company.

INDEMNIFICATION:

I HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS BC BARRACUDAS and all other Releasees from any loss, liability, damages or costs (including without limitation costs of defense and legal fees for counsel of such Releasee’s choosing) which such Releasee may incur, whether caused by active or passive negligence, or otherwise while I or my child(ren) are in, upon, or about BC HOA community pool premises or present for or participating in any activity affiliated with BC BARRACUDAS, specifically including any loss, liability, damages or costs arising from or related to Claims which may be asserted by my children or their representative. I understand and agree that BC BARRACUDAS, BC HOA or Omega Management is not required to provide insurance to cover me or my children in the event they suffer COVID-19 related damage, quarantine, illness, injury, or death, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with BC BARRACUDAS.

CONCLUSION AND AGREEMENT TO ALL TERMS

I expressly agree that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. I AM NOT RELYING ON ANY REPRESENTATIONS, STATEMENTS OR INDUCEMENTS, WRITTEN, ORAL OR OTHERWISE, NOT SET FORTH IN THIS AGREEMENT. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING MY AND MY CHILDREN’S RIGHT TO RECOVER DAMAGES FROM MOR ARISING FROM OR RELATED TO EXPOSURE TO COVID-19 AND/OR ANY QUARANTINE REQUIREMENTS, ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE, A RELEASE, AND AN INDEMNIFICATION FOR ALL CLAIMS. I ALSO UNDERSTAND AND AGREE THAT THIS AGREEMENT IS ALSO MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO MOR THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).

Please be advised that the behavior of your swimmer is a reflection of the Bella Casa Barracudas Swim Team and of our community while at practice and meets, both home and away.  It is your responsibility as parent/guardian to ensure your child represents the team to the best of his/her ability.  Also, be advised that should a swimmer break the printed pool rules or engage in inappropriate behavior during swim team practice or at meet that they can be asked to sit on the side of the pool for a few minutes to collect themselves.  If the behavior is severe they may be asked to sit out a portion of or entire swim meet, and this will be discussed with you the parent immediately.

I understand that by regulations set forth by the Tarheel Swimming Association that the use of alcohol and/or smoking is prohibited on the pool deck during swim meets.  This includes all volunteers, coaches, participants and spectators.  

Please be advised that we will follow the guidance given to us by the Head Lifeguard/Pool Manager should an emergency occur during a practice or meet that would warrant medical attention.  We will make every attempt to contact a parent and/or emergency contact at that time.

Also, as directed by our HOA pool rules no swimmer is to be left unattended under the age of 14.