The Swim At Your Own Risk Waiver is an agreement made between MEMBERS/GUEST (the “swimmer” and Mountain Creek Swim Club (the “Association”) in order to allow the swimmer(s) to use the Mountain Creek Pool.

The Association agrees to allow the swimmer(s) to use the Mountain Creek Pool ONLY during posted operating hours under the following conditions:

1. The swimmer(s) is/are over the age of 18 years or is/are accompanied by and supervised by a member at least 18 years old. 

2. The swimmer(s) will follow all pool rules;

3. The swimmer(s) may not use the pool until a Swim At Your Own Risk Waiver has been completed;

4. The swimmer(s) agrees to leave the pool area clean of trash and debris;

5. The swimmer(s) understand(s) and agree(s) that he/she will be responsible for their own safety.

The Swimmer(s) understand(s) and agree(s) that the pool is open and THERE WILL BE NO LIFEGUARD OR OTHER SUPERVISION PRESENT at the Mountain Creek Pool.  The Swimmer(s) fully understands and accepts the risk of swimming unsupervised.  These risks include the possibility of serious injury, illness, or even death. 

THE SWIMMER(S) UNDERSTAND(S) AND AGREE(S) THAT THE ASSOCIATION WILL NOT BE RESPONSIBLE FOR THE SWIMMER’S WELFARE DURING THE UNSUPERVISED SWIM TIMES AND THAT THE ASSOCIATION IS UNWILLING TO ENTER INTO THIS AGREEMENT OR TO ALLOW THE SWIMMER(S) TO USE THE POOL UNDER THESE CIRCUMSTANCES UNLESS THE SWIMMER(S) AGREES THAT THE ASSOCIATION WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR INJURY TO THE SWIMMER(S).

The Swimmer(s), on behalf of himself/herself and on behalf of the Swimmer’s estate, agrees to indemnify and hold harmless the Association, as well as any members, employees, officers, directors or attorneys of the Association, for any damages or injuries resulting from the Swimmer’s unsupervised use of the Mountain Creek Pool during the time set out herein.  The Swimmer(s) also agrees to reimburse the Association for any damage caused by the Swimmer while using the pool