Pool Agreement

Town of Tioga Community Association, Inc.

Pool Facilities Only Use Agreement

In consideration of the fees to be paid, the mutual covenants and agreements set forth herein, and other goods and valuable consideration, the receipt of which are hereby acknowledged, Town of Tioga Community Association, Inc., hereby grants the Owner the revocable right and privilege to use and enjoy the Town of Tioga Pool facilities in accordance with the terms and conditions contained herein.

DEFINITIONS
1. OWNER: the homeowner/resident of Town of Tioga.
2. Association: the Town of Tioga Community Association, Inc.
TERMS
The owner(s) and guests may use and enjoy the Pool facilities on the approved requested date and time subject to the terms and conditions in this agreement.
USAGE AND ADMINISTRATIVE/SECURITY FEE
USE OF POOL FACILITIES (UP TO 4 HOURS MAX): $100.00
REFUNDABLE DEPOSIT: $100.00
The owner shall pay to Tioga Community Management, prior to the commencement of the term set forth, a usage fee in the amount of $200.00 (including a $100.00 refundable deposit). The deposit shall be held by Tioga Community Management for any and all damage to the Pool facilities which from Owners, or Owner’s guest or invitees, use or occupancy of the same. All or any portion of the deposit not otherwise applied as provided herein or in paragraph 5.C below shall be delivered by the Association to the Owner within 10 business days following Owner’s use of the Pool facilities.
LIFEGUARD
A certified lifeguard is required for the duration of the event. The OWNER is responsible for the hiring and payment if incurred of this individual. In addition to the fees set forth above, a copy of the lifeguards certification and drivers license has been delivered by the Owner to Tioga Community Management simultaneously with the execution of this Use Agreement and the receipt of which is hereby acknowledged by Tioga Community Management.
LIMITATIONS AND RESERVATIONS
1. Assignment
  Agreement is restricted solely to the Owner's guests and not transferable in any manner.
2. Use Regulations
  Town of Tioga Community Association, Inc., has the right to promulgate, enforce, and modify from time to time rules and regulations for the use of the Pool facilities. A copy of the current rules and regulations with respect to the use of the Pool facilities is attached to this agreement as Exhibit A. Owners understand and agree that the delivery of the current rules and regulations is in no way intended to limit the rights of Town of Tioga Community Association, Inc., to modify such rules and regulations without prior notice to the Owner.
3. Use of Pool Facilities
  1. Use of the Pool facilities shall be in compliance with all applicable laws, ordinances, and governmental regulations.
  2. No loud or obnoxious noises or odors.
  3. Illegal, offensive, disturbing, or immoral use of the Meeting Hall facilities is strictly forbidden.
  4. Do not allow any smoking in any interior portion of the Pool facilities. Smoking is allowed only in designated outdoor areas, and disposal must be in proper receptacles.
  5. Sale of alcoholic beverages within the Pool facilities is strictly forbidden and in violation of the State of Florida Alcohol Beverage Control Laws.
  6. Any damage or excessive cleaning problems will be the responsibility of the person reserving the Pool facilities and will be deducted from the security deposit. In the event additional funds are needed to repair the damage, the Owner will be liable.
  7. The Owner agrees that at no time will the number of guests present exceed fifteen (15) people.
  8. The owner agrees to have a certified lifeguard present for the duration of the event.
4. Parking
  Owners and Owner's guests and invitees shall park only in parking spaces designated for guest parking. Parking vehicles in any other area may result in removal of those vehicles by Town of Tioga Community Association, Inc., at the Owner’s expense.
5. Right of Entry
  1. A representative of Town of Tioga Community Association, Inc., will, during the term of this agreement, enter the Pool facilities without unreasonably interfering with the Owner's use, to view, then enforce, if necessary, the terms and conditions of this agreement.
  2. During the term of the agreement, the pool facilities are available for use by all other members of Town of Tioga Community Association, Inc..
6. Indemnification
  The Responsible Party will protect, indemnify, and hold harmless Town of Tioga Community Association, Inc., and Developer against any and all liabilities, obligations, claims, suits, damages, penalties, causes of action, costs, and expenses including, but not limited to, reasonable attorney’s fees and expenses prior to trial, at trial, or on appeal, imposed upon, incurred by or asserted against Town of Tioga Community Association, Inc., by reason of any accident, injury to or death of persons or a loss of property in any way related to the Owner's occupancy or use of the Pool facilities.

The parties hereto have executed this agreement as of this __________ day of _________________________________ 20________.

Town of Tioga Community Association, Inc.

________________________________________________
Signature

________________________________________________
Printed Name

Owner

________________________________________________
Signature

________________________________________________
Printed Name

Exhibit A

Pool Rules Summer 2002

NO ANIMALS IN POOL OR ON POOL DECK
NO FOOD OR DRINK IN POOL OR GLASS ON POOL DECK
SHOWER BEFORE ENTERING POOL
MAXIMUM POOL CAPACITY IS 24 PEOPLE
NO LIFEGAURD ON DUTY, SWIM AT YOUR OWN RISK
NO RUNNING, HORSEPLAY OR MUSIC
POOL HOURS ARE 9AM THROUGH 10 PM
NO CHILDREN WITHOUT ADULT SUPERVISION
BABIES/TODDLERS MUST WEAR RUBBER PANTS OR SWIM DIAPERS
NO DIVING
COMMUNITY STAFF RESERVES THE RIGHT TO DENY ACCESS TO POOL OR PARKS FOR VIOLATIONS OF TOWN OF TIOGA ASSOCIATION RULES

* PLEASE NOTE THAT FAMILIES WITH MORE THAN SIX (6) GUESTS NEED TO REGISTER WITH Tioga Community Management AT 332-8424.

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