Assumption of Risk, Waiver, and Release of Liability – CoVid 19

Revised: 1/1/21

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (“WHO”). The WHO has defined a pandemic as the “worldwide spread of a new disease.” COVID-19 is extremely contagious and is believed to spread mainly from person-to- person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Even with the allowed resumption of recreational activities, requirements intended to prevent the spread of COVID-19 must be followed. Please refer to all referenced Directives at httpss://nvhealthresponse.nv.gov/news-resources/governor-directives-and-declarations/ to ensure you are complying with all recommended guidelines. Other resources include httpss://cdc.gov/coronavirus/2019-ncov/daily-life-coping/visitors/html.

Accordingly, the Southern Highlands Community Association (“Association”) has put in place preventative measures including increased entrance screening along with temperature checks of all visitors (“Preventative Measures”) to reduce the spread of COVID-19, along with other similarly infectious and highly contagious diseases and viruses such as influenza, bacterial pneumonia, rhinovirus, and norovirus; however, the Association cannot guarantee that you or your family or guests will not become infected with COVID-19 or other infectious and contagious viruses/diseases.  Furthermore, usage of the Association’s amenities, including but not limited to the use of the Association’s: (1) maintained parks including restrooms, fitness equipment, fields, playgrounds, and splash pads, (2) maintained dog parks, (3) events located elsewhere with in the community (collectively the “Facilities”) could increase your risk and your family and guest’s risk of contracting COVID-19 or these other viruses/diseases.

As a Resident of the Association, and subject to the Association’s governing documents, a Resident is entitled to use and enjoy the Facilities. Resident’s rights and privileges with respect to the Facilities are subject to the terms and conditions of the Association’s governing documents including any and all Rules and Regulations promulgated by the Board of Directors of the Association. Use of the Facilities by Residents, Resident’s family (including children) and/or Resident’s guests, at all times requires following all applicable Rules and Regulations. Resident shall be solely and entirely responsible for compliance with any and all Rules and Regulations by Resident, Resident’s family (including children) and Resident’s guests.

By attending an Association’s park or event, the Resident acknowledges the contagious nature of COVID-19, along with other infectious diseases and viruses which the WHO may declare as future pandemics, and recognize the limitations of all Preventative Measures employed by the Association and voluntarily assume all of the foregoing risk that their family, guests and they themself may be exposed to or infected by COVID-19 or other infectious diseases and viruses by utilizing the Association’s Facilities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. The Resident understands that the risk of becoming exposed to or infected by COVID-19 or other similarly contagious diseases or viruses at the Facilities may result from the actions, omissions, or negligence of themself and others, including, but not limited to, Association employees, agents, volunteers, and fellow Residents and their families and guests. The Resident is voluntarily participating in this activity with knowledge of the risks involved and hereby agrees to assume and accept any and all inherent risks of personal injury or death, despite the Association’s reasonable efforts to mitigate such risks associated with exposure to COVID-19 and other infectious diseases and viruses.

The Resident, individually and on behalf of their heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless Southern Highlands Community Association, and all its officers, directors, employees, and agents (hereinafter referred to as “Releasees”) from any and all liability whatsoever for any and all damages, losses, or injuries (including death) they sustain to their person or property or both but not limited to any claims, actions, causes of action, judgements, expenses and costs, including attorney fees, which arise out of, result from, occur during, or are connected in with their use of the Facilities whether caused by the negligence of the Releasees or otherwise. To the extent authorized by law, the Resident, individually and on behalf of their heirs, successors, assigns and personal representatives, hereby release and forever discharge the Releasees from any and all liability, loss, damage or expense, including attorney fees, that they or any of them incur or sustain as a result of any claims, demands, actions, causes of action, damages, judgments, costs or expenses, including attorney fees, which arise out of, occur during, or are in any way connected with their use of the Facilities whether caused by the negligence of the Releasees or otherwise.

The Resident further expressly agrees that the foregoing Assumption of risk, Waiver and Release of Liability Agreement is intended to be as broad and inclusive as in permitted by the law of the State of Nevada, including the provisions of Nevada Revised Statues Chapter 41, and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. The Resident further agrees that the venue for any legal proceedings shall be within the State of Nevada. By attending an Association’s park or event, the Resident hereby acknowledges that they have read this entire document and understand its terms, giving up substantial rights they might otherwise have, and that they have chosen to attend a park or event knowingly and voluntarily.