As a condition of entering or using the facilities of Sun Valley Swim & Tennis Club (“Sun Valley” or the “Club”), I agree to the following:
1. Assumption of Risk
I understand that use of the Club’s facilities and participation in recreational activities involve inherent risks, including swimming, tennis, walking on Club property, participation in social activities, weather-related hazards, slips and falls, actions of other participants, equipment failure, and other risks that may result in illness, injury, permanent disability, property damage, or death.
I voluntarily choose to participate and knowingly assume all such risks.
If I am signing on behalf of a minor child, I acknowledge these risks on behalf of the child and consent to the child’s participation.
2. Release and Waiver of Liability
To the fullest extent permitted by Massachusetts law, I, on behalf of myself, my minor child (if applicable), my heirs, successors, and assigns, release and forever discharge Sun Valley Associates, Inc., its Board of Directors, officers, employees, volunteers, committee members, agents, contractors, insurers, and representatives from any and all claims arising from my or my child’s use of Club facilities or participation in Club activities, except as prohibited by law with respect to the Club’s gross negligence or willful misconduct.
3. Indemnification
I agree to indemnify and hold harmless the Released Parties from claims, damages, liabilities, costs, and reasonable attorney’s fees arising from my actions or the actions of any minor child accompanying me.
4. Minor Guests; Parent or Guardian Consent
If any guest is under eighteen (18) years of age (a “minor”), this Agreement must be completed and signed by the minor’s parent or legal guardian. A minor may not sign this Agreement on his or her own behalf.
By signing on behalf of a minor, I, the parent or legal guardian, assume all risks described in this Agreement on the minor’s behalf, consents to the minor’s participation in Club activities, and agree to the release and waiver of liability and the indemnification obligations set forth in this Agreement on the minor’s behalf. The parent or legal guardian acknowledges and agrees that these obligations, including the indemnification obligations, are binding on and enforceable against the parent or legal guardian.
5. Health Certification
I certify that I (and my child, if applicable) am physically able to participate safely in Club activities.
I authorize the Club to contact emergency medical services if necessary and accept responsibility for any resulting medical expenses.
6. Personal Property
I understand that the Club is not responsible for loss, theft, or damage to personal property while on Club premises.
7. Compliance with Club Policies
I agree to comply with all Club rules, posted safety requirements, and instructions provided by Club management, lifeguards, and staff, including the Club’s Pool Rules and Tennis Rules (collectively, the ‘Rules”), which are incorporated into this Agreement by reference. I acknowledge that the Rules are posted and otherwise made available to guests (including through the Member Splash platform), and I agree to comply (and will ensure my minor child complies) with such Rules as such Rules may be amended or updated from time to time by the Club.
I understand that failure to comply may result in my (and my child’s if applicable) immediate removal from Club property without refund of any guest fee.
8. Electronic Acceptance
I understand that this Agreement may be presented, accepted, and signed electronically through the Club’s online platform, Member Splash. I consent to transact business and to receive records relating to this Agreement electronically. I agree that my electronic acknowledgment or signature submitted through Member Splash shall have the same legal effect as my handwritten signature, and that electronic signatures are valid and enforceable under the Massachusetts Uniform Electronic Transactions Act, M.G.L. c. 110G.
9. Term / Duration
This Agreement must be completed for each guest. Once signed, however, this Agreement remains valid and applies to all of that guest’s visits to the Club for the remainder of the current Club season or membership year, and need not be re-signed for each visit. Notwithstanding the foregoing, if the Club materially changes its Rules or policies, the Club may require a new acknowledgment before the guest’s continued use of Club facilities (although a request for acknowledgement is not a prerequisite to the guest’s obligation to comply with such Rules).
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
11. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
Guest Acknowledgment
I HAVE READ THIS GUEST ASSUMPTION OF RISK, WAIVER OF LIABILITY AND RELEASE. I UNDERSTAND THAT I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.
