RSVP

I am 18 years or older and I am the legal guardian of the children I represent.

I acknowledge that signing this Pool Waiver of Liability and Indemnification is a prerequisite to me and my minor children listed below having the right to use The Beach Tennis and Pool at Eastgate pool, deck, tennis courts, facilities and area surrounding the pool (hereinafter collectively the “Pool”) during the 2024 Pool season. 

1. I agree that I am personally responsible for my, and my listed minor children’s, safety and actions while using the Pool. Because the Pool is used and staffed by other people, I recognize I may be putting myself and my family at greater risk of contracting the COVID-19 virus by using the Pool. Moreover, I acknowledge that Pool related sanitation measures cannot be guaranteed and may vary from time to time. I further acknowledge that I have access to vaccination and that any failure to obtain a vaccination may also put me at greater risk of contracting the COVID-19 virus. 

2. I agree to comply with all Tennis Central Corp (hereinafter “Corporation”) pool policies and rules (hereinafter the “Rules”). I further agree to obey the directives of lifeguards and the pool

management company (hereinafter collectively the “Pool Managers”). I understand that these rules may change from time to time during the Pool season at the sole discretion of TC and the Pool Managers. 

3. I further acknowledge the following: 

a. All children under 12 years old must be accompanied in the pool by an adult or responsible person 18 years of age or older. 

b. An adult or responsible person 18 years or older must be in appropriate swim attire and within arm’s reach at all times of any child in the water who has not passed the basic swimming test.

c. Children between the ages of 12 and 17 (i.e., the child’s 12th birthday has passed but he/she has not reached his/her 17th birthday) may use the pool unaccompanied by an adult or responsible person 18 years of age or older if he or she passes the basic swimming test each year and has a signed permission form on file with the pool. 

4. I understand that the Corporation has the right to suspend my access to the Pool, and the access of any minor children identified below, due to my failure to comply with the Rules or to adequately supervise my minor children to ensure their compliance with the Rules. Additionally, I acknowledge that any one of the Pool Managers has the right to demand, in her/his sole discretion, that I and/or my minor children leave the Pool immediately. I agree to promptly comply with any such demand. 

5. I realize that participating in any physical activity is taxing and potentially hazardous and that safety cannot be guaranteed. With a full appreciation of all the risks involved, which may include, but are not limited to close contact with other participants, falls, personal injuries, sickness, death, disability, exposure to the COVID-19 virus, and damage to tangible or intangible property, I, for myself and on behalf of my spouse, family, heirs, executors, assigns, and personal representatives, hereby forever release, waive, and discharge the Corporation, its directors, officers, agents (including without limitation the Pool Managers), affiliates, employees, successors and assigns (hereinafter collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever (hereinafter collectively “Claims”), regardless of cause, relating to or involving me or any of my

minor children’s participation in any activity in, on, or around the Pool.

Additionally, I agree not to file suit against the Released Parties relating in any way to any Claims.

6. I agree to indemnify, defend, and hold harmless the Released Parties from and against all costs, expenses, damages, claims, lawsuits, judgments, losses and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all Claims made by or against any of the Released Parties due to my or my minor children’s access to or use of the Pool, whether or not caused by the negligence of the Released Parties or specifically related to the COVID-19 virus. 

7. By signing below, I acknowledge and represent that I have read this Pool Waiver of Liability and Indemnification, understand it and sign it voluntarily of my own free will, on my personal behalf and on behalf of all minor children identified below. I am sufficiently informed about all of the risks involved.

I acknowledge that no oral representations, statements or inducements, apart from this Pool Waiver of Liability and Indemnification, have been made. I am fully competent and execute this Pool Waiver of Liability and Indemnification for complete consideration fully intending to be bound by it.

I agree this Pool Waiver of Liability and Indemnification is and shall be governed and construed in accordance with Maryland law, and if any provisions herein are found to be non-enforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed to be modified to the limited extent required to permit enforcement of this Waiver of Liability as a whole.

This Waiver of Liability covers my own and my minor children’s Pool related activities occurring from the date the Pool first opens through the date the Pool finally closes for the 2024 Pool season.

I acknowledge and agree that all rights and obligations assumed under this Pool Waiver of Liability and Indemnification shall survive and remain in effect after the 2024 Pool season. 

POOL USERS’ RULES 

1. All pool users must: 

● Wear swimming apparel (bathing suit or trunks, UV protection tops). 

● Shower before entering any pool 

● Only enter the pool when a lifeguard is on duty 

● Refrain from spitting, spouting water or blowing the nose while swimming 

● Refrain from underwater swimming for distance 

● Comply with all pool rules and directions issued by the lifeguards 

2. Absolute NOs for all pool users: 

● NO RUNNING, CARELESS OR ROUGH PLAY, IMPROPER CONDUCT 

● NO ABUSIVE OR PROFANE LANGUAGE 

● NO HARD BALL PLAYING ON THE POOL DECK OR AGAINST A CLUBHOUSE WALL

● NO GLASS BOTTLES OR CONTAINERS (including baby bottles) 

● NO FOOD ON THE POOL DECK. Eating is restricted to the grass area and covered patio area.

● NO CELL PHONES, CAMERAS, or other VIDEO devices may be used in the changing rooms or restrooms. 

● NO CHEWING GUM 

● NO ALCOHOL, DRUGS, SMOKING OR VAPING. This is a State of Maryland Law.

● NO PETS are permitted within the pool area. 

3. Patrons with the following health conditions may not swim in any pool: anyone with skin abrasions or skin diseases; having a cold, cough, inflamed eyes, open sores, infection, excessive sunburn, nasal or ear discharge.

4. Any child who is not toilet trained or adult who is incontinent must wear a clean diaper or disposable swim diaper that is covered by a separate rubber/vinyl pants fitting snugly around the legs and waist.

5. Diving rules as posted and/or directed by a lifeguard must be adhered to. Diving is only allowed in the diving well and nowhere else in the pool. Only one person is permitted on the diving board at a time. Dives must only be forward in direction. Only one bounce on the diving board is allowed. No back dives or flips allowed. No flotation device, goggles or toys are permitted while the diving board is in use. They are allowed when general swimming in the diving well is occurring. Divers will not dive until the previous diver has reached the ladder at the side of the pool. Only individuals who have passed the safe swim test may use the diving board. 

6. Lap lanes are for fitness swimming. Hanging on the lane ropes is prohibited. 

7. The Corporation encourages all users to be respectful of each other and the facility itself while enjoying the pool, tennis courts and facilities. 

8. All users must obey the direction of the pool manager/lifeguards.

Please note that the pool manager/lifeguards are not only authorized but are required to enforce the Corporation’s pool rules for the purpose of ensuring the safety of all users/guests. The pool manager/lifeguards have the authority to establish and enforce any other rules and regulations that will further the safe operation of the pool.

They also have the authority to prohibit any activity, whether specifically described in the facility/pool rules, or unstated, that they determine is unsafe. 

9. The pools may be closed at the discretion of the lifeguards at any time due to weather (heavy rain, thunder, lightning, etc.), breakdown of equipment, operational defects, or other causes. Safety is first and foremost during a thunderstorm. In accordance with Montgomery County Health Department Regulations, it is the policy to close the pool for thunder and/or lightning.

The pool will remain closed for 30 minutes after each thunder/lightning. It is imperative that all patrons clear the deck and seek shelter inside when thunder/lightning is present.

The pool will be reopened as soon as possible, but Mother Nature is beyond our control. 

10. The pool office is only for the use of pool managers and lifeguards. 

11. If a patron with a disability needs special accommodations to use the pool complex, please contact the Pool Manager. 

12. Radios, CD players and other portable electronic devices may be played only with earphones, at a volume that does not disturb others. All electronic devices on the pool deck must be battery operated.

13. Bicycles, skateboards, rollerblades/roller-skates or scooters are not permitted on the pool deck. Baby strollers and baby wagons are allowed. 

14. All trash and recycling must be deposited in receptacles provided. 

15. There will be no entry refunds for inclement weather closures of the pool.