Terms of Use

In order to enjoy swimming at the Mountain Creek Swim Club, all members listed agree to the terms and conditions of our posted "Swim At Your Own Risk" Waiver, and the Assumption of Risk, Release, and Permission for Contact Tracing.

(MINOR CHILDREN ARE ALSO COVERED BY THIS AGREEMENT, EACH OF WHICH IS ALSO DEEMED A “PARTICIPANT” UNDER THIS AGREEMENT)

This Agreement is made between Member(s)/Guest(s) and Mountain Creek Swim Club (the “Association”) in order to allow the Member(s)/Guest(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 Member/Guest 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 Member/Guest Swimmer(s) will follow all pool rules.

  3. The Member/Guest Swimmer(s) may not allow any guests or any other person who has not signed the Swim at your Own Risk waiver to use the pool or to enter the pool area.

  4. The Member/Guest Swimmer(s) agrees to leave the pool area clean of trash and debris.

  5. The Member/Guest Swimmer(s) will be given the combination to the gate lock and will not reveal the combination to any other person.

  6. The Member/Guest Swimmer(s) is always responsible for locking the gate after using the pool.

  7. The Member/Guest Swimmer(s) understand(s) and agree(s) that he/she will be always responsible for their own safety and the safety of their guests.

 The Member/Guest 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 Member/Guest Swimmer(s) fully understands and accepts the risk of swimming unsupervised. These risks include the possibility of serious injury, illness, or even death. THE MEMBER/Guest 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 MEMBER/Guest SWIMMER(S) TO USE THE POOL UNDER THESE CIRCUMSTANCES UNLESS THE MEMBER/Guest SWIMMER(S) AGREES THAT THE ASSOCIATION WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR INJURY TO THE SWIMMER(S).

The Member/Guest Swimmer(s), on behalf of himself/herself and on behalf of the Member/Guest 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 MEMBER/Guest Swimmer(s) unsupervised use of the Mountain Creek Pool during the time set out herein.

The Member/Guest Swimmer(s) also agrees to reimburse the Association for any damage caused by the Member/Guest Swimmer(s) while using the pool and for any damage resulting from the Member/Guest Swimmer(s) failure to lock up the pool area after use by the Member/Guest Swimmer(s).