UPDATE: Pine Mountain Club, CA (Tuesday, June 10, 2014 at 1 p.m.)— A new pool use waiver has been issued to substitute for the one hastily assembled last month. The revision occurred after members complained of what was defined as an “overbroad waiving of rights” in the document swimmers were required to sign when the pool opened on May 24, 2014.The new waiver is posted below, clearly marked. Please scroll down.
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By Patric Hedlund [See PMCPOA rule changes and waiver at bottom of this story]
The talk was grim the morning of May 17 when directors for the Pine Mountain Club Property Owners Association (PMCPOA) were deciding whether to keep the clubhouse swimming pool closed this summer.
PMC’s General Manager Rory Worster reported that he was unable to staff lifeguards at the pool this year. He said only five applicants had responded to ads for the job. He said he needs 14 fully qualified people for the team.
“This is the most beloved amenity here, used by the most people of all ages,” said Director Tim Bridwell. “It would be an atrocity not to open the pool.”
Chair Bill Gurtner and Director Mike DeAngelis said rule changes would be needed if the pool is to open. Parents will need to be responsible for their own children, rather than leave them at the pool under supervision of lifeguards, and a signed waiver from every parent or guardian will be necessary for children to use the pool, they agreed.
“Rory told me this is a sea-change in education for the parents,” PMC Planning Committee chair John Cantley said. “They will want to [drop] their kids off….” Gurtner replied quickly. “We must turn people away. Parents must be responsible for the safety of their own children.”
Tim Bridwell, who works with Hilton Hotels, said it should be viewed more as a motel pool at which parents (or grandparents) must be present to ensure safety of their children. Parents need to learn about this new way to use the pool, resident Karen Schulman said.
Mary Forbes of the ad hoc pool committee wrote: “Safety is the number one issue in the pool as well as on the deck.
“Priorities include: rinsing off before entering the pool, taking regular bathroom and hydration breaks, proper swim diapers and swim attire. The number one priority is attentive parents.
“Whether there are lifeguards present or not, parents should supervise and keep an eye on their children. It does take a village as well as teamwork for an enjoyable swim experience for swimmers of all ages…Parents understand this.
“Our community is lucky to have so many parents who are actively involved with their children’s education; pool awareness and etiquette need to be included in their education.
“As you are aware the pool is the main recreational draw for summer; we all want to do our best to keep it open and running smoothly as a community. Spread the word.”
It was determined early in the week that the pool will open as usual on Memorial Day Weekend. The pool opens Saturday, May 24.
NEW WAIVER ISSUED JUNE 10, 2014:
Pine Mountain Club Property Owner’s Association
Swimming Pool Waiver and Release of Liability Form
Assumption of Risk and Indemnity Form
In consideration for allowing usage of the PMCPOA Pool, including the pool itself and the deck and lounging area (“pool”), I, and on behalf of the minor children (as may be identified below) agree as follows:
1) I am at least 18 years of age. I recognize and understand that using the PMCPOA Pool involves certain risks and I voluntarily assume such risks. These risks include, but are not limited to, injury or death resulting from contact accidentally or intentionally inflicted by others using the pool, wet floors/decks, possible malfunction of equipment, etc.
2) I have or will inspect the pool prior to use of the pool and will use the pool only after I have determined it is safe for me and children (if any identified below).
3) I will comply with all PMCPOA rules and will make inquiries of management of PMCPOA if I am unaware or have questions regarding the rules prior to use of the pool. I will also supervise all
children (as may be identified below).
4) I waive and release any and ALL CLAIMS that I (and children as may be identified below) have or may have in the future against PMCPOA, its officers, directors, managers, employees, agents and representatives (“Released Parties”) in any way connected with the use of the pool.
5) I will indemnify, defend and hold harmless the Released Parties in connection with any claim made against them in connection with the use of the pool by me or children (if any as identified
below).
6) I understand that this Agreement is binding on my successors, assigns, heirs, executors and administrators and the successors, assigns, heirs, executors and administrators of children (as may be
identified below).
7) If any provision contained in this Agreement is held to be invalid, it will not invalidate any other provision.
8) I WARRANT THAT I HAVE READ AND UNDERSTAND THE FOREGOING.
_________ ________________________ _______________________
Date Print Name Signature
_____________________________________ ______________________________
Address: Lot/Track ______________________________
______________________________
______________________________
______________________________
Minor children (print names)
{00245648;1}
See the PMCPOA Notice with the rules and original waivers—BELOW—
NOTE FROM PMCPOA MANAGEMENT:
NOTICE OF PROCESS & RULE CHANGES FOR THE
PMCPOA POOL
The pool will be open for the summer starting Saturday, May 24.
There will be no lifeguards on duty this year. We did not have the
applicants we needed to be able to properly train and staff the pool. We
needed to have 14 lifeguards hired and ready to train by the end of
April. This year we had only 5 applicants by the required time frame.
This means all swimming will be at your own risk as always, but we
will need to make some safety-driven rule changes.
We will need to adjust the age and direct supervision requirements for this season.
The board approved the following safety issue rule changes on May
l7 in open session:
• All pool area users must have a signed PMCPOA Pool Use
Waiver signed and on file.
• Additionally, persons 13 thru 17 may swim with a properly filled
out and on file PMCPOA swimming pool waiver signed by
parents/guardians.
• Ages 12 and under need parent or guardian supervision at all times while in the pool area.
We are sorry for this change in operation, but this means that for our
younger users there will be no “drop off and go.” They must have a
responsible Adult observing them while they are in the pool area.
ARTICLE IV: SWIMMING POOL-MOTION APPROVED 5/17/2014
1. All general association rules, Article I, apply in the swimming pool area.
2. The pool is for use by members, guests and assignees. Guest cards are required
and can be purchased at the reception desk in the lobby.
3. The pool may only be used according to posted schedules. When lifeguards are not present, the pool may be available per the posted schedule with the understanding that the swimmer swims at their own risk. The pool manager or lifeguards on duty may close the pool in bad weather.
4. Posted pool rules are to be observed by all members, guests and assignees. Those who violate rules or ignore direct orders from the recreation Associates or
lifeguards on duty will be suspended from pool use for a determined time. Parents are responsible to see that their children observe all rules.
5. All Persons using the PMCPOA pool swim at their own risk. Persons 12 years of age and younger must have a parent or guardian present while using the pool facility. Persons 13 thru 17 years of age may swim only if they have a properly filled out and on file a PMCPOA swimming pool waiver. This privilege can be revoked by the recreation associate or lifeguard on duty if pool rules are violated.
6. Only children five or younger may use the wading pool in the presence of a parent, guardian or other adult member. Lifeguards on duty are not responsible for children in the wading pool because of the presence of a parent, guardian or other adult member.
7. Children/persons requiring the use of diapers will be permitted only in swim diapers.
8. Running, dunking and rough play are not permitted. No diving is allowed.
9. Roller skates, skate boards, and bicycles are not permitted in the pool area.
10. Pets are not permitted in the pool area.
ll.All swimmers must wear swimsuits (no cut-offs). Shoulder-length hair must be capped or otherwise controlled to the satisfaction of the recreation manager.
12.Swimmers in bathing suits are not allowed in the clubhouse.
13.Food can be brought into the pool area, but must be kept within the table and deck chair areas. Food must be kept away from the water and the pool deck surrounding the pool. Waste must be disposed of properly. Drinks must be in unbreakable containers and all trash deposited in containers provided. No smoking or alcohol is permitted.
14. Loud noises (including radios, tape players, etc.) which would disturb others are not permitted. Abusive language, swearing, drunkenness or threatening behavior are not permitted.
SEE WAIVER ABOVE, WHICH IS INTENDED TO SUBSTITUTE FOR THIS DOCUMENT, which was challenged by members as “overbroad.”
USE OF PMPOA SWIMMING POOL WAIVER
WAIVER AND RELEASE OF LIABILITY FORM
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
Assumption of risk:
1. I, the undersigned, wish to use the PMCPOA Swimming Pool; I recognize and understand that using the PMCPOA Swimming Pool involves certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible malfunction of the equipment used in the pool and injuries resulting from tripping or falling over obstacles in the pool area.
_____________________________________________
Initial Here
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of using the PMCPOA swimming pool, I hereby agree as follows:
• TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against PMCPOA Inc. their directors, officers, employees, agents and representatives (all of whom are hereinafter referred to as “the Releasees”);
• TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer or that my next of kin may suffer as a result of my participation using the PMCPOA swimming pool due to any cause whatsoever, including negligence of the part of the releasees;
• TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability from any damage to property of, or personal injury to, any third party, resulting from my use of the PMCPOA Swimming Pool;
• That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
(Please print name clearly)____________________________________________
I am at least 18 yrs of age: Yes / No
Address Lot/Tract Parent/Guardian if participant is less than 18__________________
City___________________________________ Zip Code________________
Witness_______________________________________________________
Date_________________________________________________________
Signed_______________________________________________________
Participant’s Signature
Phone# ______________________________________________________
Additional members/guests under 18 years of age who the above signer agrees to release PMCPOA of all liability to (add names here):
_______________________
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This is part of the May 30, 2014 online edition of The Mountain Enterprise.
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