L.F. MAINTENANCE CORPORATION
Beginning Monday, August 24, 2020, the Oak Tree Pool will be available on a first-come, first-serve basis, subject to a limited capacity. The facility hours will remain 5 a.m. to 6 p.m. daily. Lap swim only is from 5 a.m. to 10:00 a.m. Open swim is from 10:00 a.m. to 6:00 p.m. The maximum occupancy is 60 residents. Pool sessions are for 1 ¾ hours as follows:
10:00 a.m. – 11:45 a.m.; 12:00 p.m. – 1:45 p.m.; 2:00 p.m. – 3:45 p.m. and 4:00 p.m. through 5:45 p.m. A gate monitor will be onsite daily during open swim hours to facilitate compliance with the pool rules. Any person entering an Association facility assumes any and all risks of illness or injury associated with his or her access to a facility. Neither the Association nor any agent or staff member is responsible for any illness or injury suffered by any person as a result of using an Association facility. USE OF THIS ASSOCIATION FACILITY IS AT YOUR OWN RISK.
Also, please understand that the Association’s ability to keep its facilities open and to mitigate the risk related to COVID-19 is dependent upon everyone working together with social distancing and doing their part to keep everyone as safe as possible. If all safety procedures are not adhered to (e.g. gathering with others who are not part the members’ household, providing access to guests, etc.) the pool will be closed.
• Members may view occupancy status by using the following link: http://swimoc.com/covid-pools/las-flores/. The gate monitor will endeavor to update the occupancy status. However, the occupancy status may change and access will not be provided beyond the limited capacity.
• Residents must use their key fob to open the gate.
• It is first-come, first-serve and residents should line up outside the pool area prior to entering.
• Residents can enter at any time during each time slot if pool capacity is under 60. If the pool is to capacity, the resident may wait in line outside and away from the pool gate.
• At the end of each time slot, all residents need to collect their belongings and exit the pool area; they may re-enter if there is open capacity. However, the Board asks that each resident be considerate of their neighbors and not plan on spending the entire day so everyone can enjoy the pool area.
• Access to the pool is restricted to residents only.
• Gatherings are strictly prohibited. Abuse of this rule will result in pool closure.
• No swim lessons.
• The pool furniture is not available. Residents must bring their own furniture.
• Restroom access will be limited to 1 person or household at a time.
• The spa is limited to 1 person or 1 family or household at a time.
• The drinking fountain is off. Therefore, residents must bring their own water.
• BBQ’s, firepits and the fireplace have been disabled and not available for use.
• Residents are required to practice social distancing, follow CDC recommendations, bring disposable disinfectant wipes or similar cleaning materials for surfaces they intend to come into contact with, and use hand sanitizer containing at least 60% alcohol.
• No person who is experiencing symptoms of illness that has a fever or a confirmed case of COVID-19 shall enter into the facilities.
• Residents are required to wipe down their areas prior to leaving.
• Facility may be closed at any time, without notice. Residents are required to respect the instructions of any Association agent relating to when the facility is open or closed, as well as any instructions pertaining to proper hygiene or social distancing.
Thank you in advance for you anticipated cooperation.
RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
This Release and Waiver of Liability and Assumption of Risk Agreement (“Agreement”) is executed by me, on my behalf and/or on behalf of the minor participant(s) for which I have the legal authority to execute this Agreement (in all cases, “Participant”), in favor of L.F. Maintenance Corporation (hereinafter “Association”). For and in consideration of being permitted to use the Association’s Oak Tree Pool facility (the “Facility”), Participant acknowledges and agrees that he/she is voluntarily engaging in activities at the Facility that may involve a risk of serious injury or even death, the cause of which may or may not be due to Participant’s own negligence, that of the Association, or others.
Participant acknowledges that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States, including cases throughout Orange County. In accordance with the most recent guidance and protocols issued by the Center for Disease Control and Prevention (CDC),the State of California, and Orange County Health Care Agency, for slowing the transmission of COVID-19, Participant agrees, represents, and warrants that Participant shall not visit or use the Facility within fourteen (14) days after exposure to any person who has a suspended or confirmed case of COVID-19. Participant further agrees, represents, and warrants that Participant shall not visit or use the Facility if he/she experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or has a suspected or diagnosed/confirmed case of COVID-19. Participant agrees to notify Association immediately if he/she believes that any of the foregoing access/use restrictions apply.
Participant further acknowledges that there is an inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death.
Participant acknowledges that Association has taken certain steps to implement recommended guidance and protocols issued by the various public health agencies for slowing the transmission of COVID-19. Participant agrees to fulfill Participant’s obligation to take steps necessary to mitigate the risk of contracting and/or transmitting COVID-19 by following recognized measures from the Centers for Disease Control, including but not limited to, staying home if sick, practicing proper hygiene procedures including washing of hands, disinfecting any surfaces Participant may come in contact with, and utilizing, where appropriate, personal protective equipment such as masks and gloves.
Participant assumes all risks associated with Participant’s use of the Facility, including contracting and/or transmitting COVID-19, and hereby releases, waives and discharges Association, and agrees to defend, indemnify and hold Association and each of its directors, officers, agents, representatives (collectively, the “Association Indemnified Parties”), vendors, and each of their employees harmless, from and against, any and all liability, claims, demands, fees, costs and expenses arising out of Participant’s use of the Facility, and agrees not to sue Association and all Association Indemnified Parties for any of the foregoing, regardless of whether arising out of the negligence of Association, any Association Indemnified Party, or otherwise.
Participant expressly waives the benefits of California Civil Code 1542, which provides that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Participant will inspect the facilities and equipment at the Facility and if Participant believes anything to be unsafe, will advise Association immediately and refuse to participate, and/or refuse to allow the minor Participant named below to participate.
Participant represents that he/she is in sufficiently good physical condition to participate in the programs and activities Participant desires to engage in at the Facility.