Register for 2024 Pool Season

You acknowledge children 10 years of age and under must be accompanied by a chaperone, 16 years of age or older, to use the Facilities. You, as the legal guardian of the following minor(s), authorize the minor(s), between 11 years of age and 15 years of age, to use the Facilities without your presence and without the presence of an adult or legal guardian. You acknowledge and agree that a lifeguard or other attendant may not be present and any use of the Facilities by the minor(s) may be unsupervised by a lifeguard or other attendant and shall be at your own risk.

You, as the parent or legal guardian of the above minors, authorize the following chaperone, 16 years of age or older, to supervise and monitor the above minor(s) at the Facilities without your presence and without the presence of another adult or legal guardian.

I am 18 years of age or older, or the legal guardian of the below named person, and in consideration of using or participating in activities, services and programs at Wheatland Metropolitan District (the “District”), District facilities, including but not limited to, the clubhouse, pools, pool deck, locker rooms, showers, play areas, dressing rooms, and workout areas (the “Facilities” of the District) must read and sign this Waiver of Rights, Assumption of Risks, Release of Claims, and Agreement to Indemnify (“Waiver”). The Facilities are managed by The Young Men’s Christian Association of Metropolitan Denver d/b/a YMCA of Metropolitan Denver (the “Facilities Manager”). This Waiver is not a waiver of the District’s protections under the Colorado Governmental Immunity Act.

PLEASE READ THIS WAIVER AND RELEASE CAREFULLY AND MAKE SURE YOU UNDERSTAND IT. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS.

As signor of this Waiver, you, and/or those of whom you are legal guardian to (collectively, “You”) recognize and acknowledge that participation in activities, services and programs including but not limited to: wading, recreational swimming, lap swimming, exercising, sun-bathing, use of any exercise equipment or machines, sports, and supervised or unsupervised activities and programs within the Facilities or outside the Facilities sponsored or endorsed by the District or Facilities Manager (each a “Recreational Activity” and together the “Recreational Activities”) and using or accessing the Facilities is HAZARDOUS and involves risk of serious personal injury and loss. The risks include, but are not limited to: bodily injury, cardiovascular stress or failure, slipping and falling, drowning, permanent disability, death, damage to personal property, collisions with other persons, exposure to inclement or dangerous weather, allergic reactions, insect or animal bites, severe social, emotional, or economic losses, sprains, broken bones, torn muscles or ligaments, and contraction of infection or disease. These injuries or losses might result from You or your guest’s conduct or omissions, the conduct or omission of others (including that of the District or the Facilities Manager, or both), the rules of play, or the condition of the Facilities or any equipment. You understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, may also result in injury, death, illness or disease, or damage to property.

Being fully aware that use of the Facilities and participation in Recreational Activities involves risks, You agree, covenant and promise and voluntarily assume all responsibility, all liability and all risks and dangers, whether or not described here, and whether or not such risks and dangers are known or unknown, foreseeable or unforeseeable, including but not limited to, for injury, death, illness, disease, or damage to property, arising out of or in any way connected with use of the Facilities and participation in Recreational Activities.

You agree that You are legally responsible for You and your guest’s actions, including but not limited to any damage to property and any personal injury or death caused by such actions. You understand and agree that the District and the Facilities Manager, and their respective officers, employees, agents, consultants, and representatives, are not and shall not be subject to, or liable for, any claims, demands, injuries, or damages whatsoever, irrespective of cause or origin, even if such claims, demands, injuries, or damages are caused, in whole or in part, by the negligence of the District or the Facilities Manager, or their respective officers, employees, agents, consultants, or representatives. You expressly waive all claims, demands, injuries, and damages that You have or may have, now or in the future, against the District or the Facilities Manager (or both), which are related to, arising out of or in any way connected with participation in Recreational Activities or use of the Facilities.

You agree to RELEASE, WAIVE, FOREVER DISCHARGE, COVENANT NOT TO SUE, AND NOT ASSERT OR OTHERWISE MAINTAIN OR ASSERT ANY CLAIM against the District or the Facilities Manager, or their respective officers, employees, agents, consultants, and representatives, for any and all liability, claims, demands, causes of action or rights of action, loss, damages, or injury to persons or property, sustained by You, or your guests, which are related to, arising out of or in any way connected with participation in Recreational Activities or use of the Facilities, including attorney’s fees and costs incurred.

You further agree, promise and covenant to INDEMNIFY AND HOLD HARMLESS the District and the Facilities Manager, and their respective officers, employees, agents, assigns, consultants, and representatives, for (i) any injury to person or property, death, illness, disease or damage, expenses and costs including attorney’s fees, which may result from You or your guest’s participation in any Recreational Activity or use of or access to the Facilities or other property owned by the District, including claims from third-parties; and (ii) any injury to person or property, death, illness, disease or damage, expenses and costs including attorney’s fees. This agreement to indemnify and hold harmless applies equally to claims, losses, and injuries caused or alleged to be caused, in whole or in part, by the negligence of the District or the Facilities Manager, or both.

This Waiver applies to and binds You and your personal representatives, assigns, heirs, and next of kin.

BY SIGNING THIS WAIVER, YOU AGREE THAT YOU (1) HAVE RECEIVED SUFFICIENT INFORMATION REGARDING THE FACILITIES AND RECREATIONAL ACTIVITIES TO ASSESS THE POTENTIAL DEGREE OF RISK INVOLVED, AND THE EXTENT OF POSSIBLE INJURY, (2) UNDERSTAND THE ACTIVITIES AND POTENTIAL RISKS, (3) HAVE CAREFULLY READ THIS WAIVER AND FULLY UNDERSTAND THE EFFECT OF RELINQUISHING THE RIGHTS THAT YOU HEREBY WAIVE, (4) UNDERSTAND THIS WAIVER IS NOT A WAIVER OF THE DISTRICT’S PROTECTIONS UNDER THE COLORADO GOVERNMENTAL IMMUNITY ACT, AND (5) VOLUNTARILY SIGN THIS WAIVER.

I consent to the named person’s participation in the Recreational Activities and use of the Facilities with knowledge of and in spite of the risks and I understand and acknowledge that by signing this document I have given up certain legal rights or possible claims which I might otherwise be entitled to assert or maintain against the District and the Facilities Manager, and their respective officers, employees, agents, assigns, consultants, and representatives.

THIS WAIVER, RELEASE AND ASSUMPTION OF RISK, is executed this day of 2024, by the undersigned Owner, resident or guest (”Authorized User”) who owns, resides, or is a guest at the following address is located within the Wheatlands Metro District community:

WHEREAS, the HOA seeks to enable the Authorized User to use the pool and amenity facilities owned or operated by the Wheatlands Metro District located at 6601 S Wheatlands Parkway, Aurora, CO (“Pool Facilities”).

WHEREAS, the HOA has concerns about the risks arising from the Authorized User’s use of the Pool Facilities during regular operating hours, with no lifeguard on duty.

WHEREAS, the Authorized User recognizes and accepts that the staff on duty during regular operating hours are not responsible for lifeguarding duties, and accepts the risk associated with use of the Pool Facilities without the supervision of a lifeguard and/or any other staff.

WHEREAS, the Authorized User recognizes the risk of physical injury and loss associated with activities that occur at the Pool Facilities, including but not limited to swimming and sports, and accepts such risk.

WHEREAS, the Authorized User further acknowledges that he or she is authorized to use the pool, clubhouse, sports fields or use other equipment, amenities, premises or property (collectively, the “Recreation Amenities”) of Wheatlands Metro District, and have completed the Information and Registration Form, on which the Authorized User is listed as an owner residing within the Wheatlands Metro District community, or an authorized user.

NOW THEREFORE, the Authorized User, for himself/herself, and also for his/her personal representatives, heirs, next of kin, successors, assigns and insures agrees as follows:

1. That no lifeguard will be present during regular operating hours, only a pool monitor to enforce the pool rules, and that the pool monitor is not a lifeguard and is not responsible for lifeguard responsibilities, and understands that using the Pool Facilities without the supervision of an on-duty lifeguard is dangerous and poses a risk to the Authorized User’s safety and hereby accepts all risk of using the Pool Facilities without the supervision of an on-duty lifeguard or other staff.
2. To abide by the rules, regulations, and policies of the HOA, and that the HOA may withdraw and revoke permission to use the Pool Facilities for any failure to follow said rules, regulations and policies.
3. To release, waive all claims against, and not to sue the HOA, its directors, employees, agents, and subcontractors with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively ‘claim’ or ‘claim(s)’) for any injury, damage, death or other loss to any person or property in any way connected with the Authorized User’s participation in activities, and/or use of any equipment, facilities or premises in the Pool Facilities.
4. To assume all risk of any injury to the Authorized Person’s person or property resulting from any inherent dangers and risks related to use of the Pool Facilities.

I HAVE READ THIS WAIVER, RELEASE AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

THIS WAIVER, RELEASE AND ASSUMPTION OF RISK AGREEMENT is executed and effective as of the date first written above.