Clubhouse Reservation Form Please review the reservation calendar for availability prior to completing this form. Applicant Full Name Applicant Address City State—Please choose an option—ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWYZip Daytime Phone Number Alt/Cell Email Contact Person Onsite Purpose of Rental We need a 2 weeks notice to reserve the clubhouse. The clubhouse can be reserved no more than 6 months in advance. Date Requested Are you a Wheatlands Resident? YesNo Wheatlands Residents Rental Fee is $135 for 3 hours, $45 for each additional hour. For non-residents, the rental fee is $300/hr with $1000 deposit. (hours available: 6am to midnight)(3 hour minimum). There is also an additional security fee if required. Event Time AMPM to AMPM Rental times must include your set up and clean up time. Please plan accordingly. ($125 will be forfeited if you start and/or stay after your requested time) Rentals are available Monday-Sunday 6am until Midnight. The rental party must supply their own clorox wipes, extra trash bags if the 2 provided will not be enough, HDMI cord for projector & any other AV attachments they may require. Number of People Attending Note: Security required for attendance over 75 (minimum of 4 hrs). The Max Clubhouse Capacity is 143 people. Will alcohol be present? YesNo If alcohol will be present and/or estimated attendance is more then 75 people, security is required for a minimum of 4 hours. The security fee is $40/hour (starting 10/1/23) and this covers the security guard we have to hire for minimum of 4 hours. If Applicable - Please insert hours needed for security: AMPM to AMPM Damage Deposit is $250.00 - Credit Card will be held on file for the damage deposit. Table and Chairs available during your rental include: Six-72" round tables, Three-8ft banquet tables and 70 folding chairs. (Table cloths and chair covers are not available) CLUBHOUSE RENTAL AGREEMENT - PLEASE READ AND CHECK THAT YOU AGREE TO EACH SECTION LISTED BELOW: 1. Availability. District sponsored programs and activities have priority of use of District facilities; therefore consecutive nightly, weekly or monthly usage may not be available. The Rental Party represents that the event is a private function, by invitation only, and is not open to members of the general public. It is also acknowledged that the Rental Party's right to use the Clubhouse for this event is subject to: (a.) The District's Rules and Regulations, (b.) being in good standing with the District at the time this Agreement is signed, and at the time of the event, and (c.) prior reservations. The Rental Party must be at least 18 years of age to reserve a facility or 21 years of age if alcohol will be present. Agree 2. Security. Security personnel are required for all rentals during which seventy-five (75) or more persons will be in attendance and/or if alcohol will be present. If security personnel are required, the Wheatlands Metropolitan District will obtain a contract for the services with a security provider, and Rental Party will be responsible for all costs related thereto. Agree 3. Reservations/Cancellation. Reservations will not be considered final until approval is granted and the appropriate fee(s) and deposit(s) have been received. Rentals are approved on a first come first served basis. It is not guaranteed that a requested date will be available. Functions may be cancelled without penalty by the Rental Party by sending written notice to District staff no less than fourteen (14) days in advance. It is understood that the penalty for cancellation of a function less than fourteen (14) days in advance is a forfeiture of the Rental Fee. The District may terminate this Agreement prior to the day of the event if the District, in its sole discretion, determines that use of the Clubhouse for the event will adversely affect the public health, safety or welfare. Upon termination of this Agreement by the District, the District shall refund the full Deposit and the full Rental Fee (as shown on the Application for Facility Use (the "Rental Application")) to the Rental Party. Agree 4. Use of Clubhouse. The Rental Party shall have exclusive use of the clubhouse during the Rental Period, for the sole purpose of staging the event as described in the Rental Application. Only the kitchen, main room, and restrooms (the “Clubhouse”) are reserved under this Agreement. The pools, grills, patio, play-area, and office area are not reserved under this Agreement and may be used by homeowners on a first-come, first-served basis. Unauthorized use of the areas other than the Clubhouse may result in forfeiture of some or all of the Deposit. Agree 5. Set Up / Cleaning. The Rental Party is responsible for all set up, take down, and clean-up of the Clubhouse during the booked rental times. No tape, command strips, staples, thumbtacks, push pins, nails, or screws are allowed to be fastened to any District facility at any time. No rice, birdseed, or confetti are permitted. The Rental Party shall remove any temporary décor brought into the Clubhouse, including balloons. Upon conclusion of the event, the Rental Party agrees to leave the Clubhouse in its pre-event condition, including but not limited to removal and proper disposal of all decorations, supplies, and trash. The Rental Party agrees to remove trash from the Clubhouse and dispose of trash in the dumpster in the parking lot. The Rental Party agrees to dispose of trash into the dumpster and not to throw trash over the dumpster enclosure. The Rental Party agrees to disinfect all folding tables and chairs with disinfecting wipes or spray (provided by Rental Party) after use and prior to storage. Rental Party is responsible for standard interior and exterior cleaning to return the Clubhouse in their pre-event condition, including vacuuming, surface cleaning, mopping hard floors, cleaning the kitchen and refrigerator, and restrooms, as necessary. Agree 6. Equipment and Furniture Use. The Rental Party agrees return all Clubhouse equipment and furniture to their proper storage locations, as applicable. The Rental Party agrees not to move the wooden dining table. the seating area couches, or the seating area coffee table (collectively, the “Restricted Furniture”). Prohibited relocation of the Restricted Furniture will result in forfeiture of $100 of the Clubhouse Deposit. The seating area in front of the fireplace and cocktail tables and chairs by the doors may be moved. The microphone and remote must be left in the clubhouse and returned after your rental. The Rental Party will be charged to replace these items if they cannot be found after your rental. Agree 7. Unauthorized Use/Tampering. The Rental Party acknowledges and agrees that no unauthorized person or entity shall use, alter, or disturb the Districts' facilities, the Clubhouse, its equipment, or furniture without the District’s prior written consent. The Rental Party, including his or her family, guests, employees, invitees or third parties, shall not maliciously, willfully, or negligently, break, damage, destroy, uncover, deface or tamper with any portion of the Districts' facilities the Clubhouse, its equipment, or furniture. Any Person who violates this paragraph shall be prosecuted to the full extent of Colorado law. The District shall be entitled to apply the full Deposit or any portion thereof to costs for any damage that occurs in violation this paragraph. Agree 8. Condition of Clubhouse. A Rental checklist is to be completed by the Rental Party. The Rental Party is responsible to report any existing damage of the facility to District staff before their event begins on the provided checklist. Failure to report damage will result in the Rental Party accepting responsibility for all existing damage. The Rental Party agrees to complete the checklist given at the time of reservation. As soon as reasonable after the event, a District representative will perform an inspection of the Clubhouse. Rental Party acknowledges receipt of checklist, by signing and receiving said checklist when Application is accepted by Wheatlands Metropolitan District Agree 9. Damage/Security Deposit. The Rental Party agrees that if, in the sole judgment of District staff, the District must incur costs to restore the Clubhouse or any of the District's facilities to its/their pre event condition, the District shall be entitled to apply the full Deposit or any portion thereof against such costs. If the Deposit is insufficient to pay for the damages and/or clean up, the Rental Party agrees to pay for any and all additional costs. The Rental Party further agrees that the District may invoice the Rental Party for any charges in excess of the Deposit. The Rental Party agrees to pay any such invoice charges within thirty (30) days, and if any such invoice charges are not paid within thirty (30) days, interest shall accrue at a rate of eighteen percent (18%) per annum from the thirtieth day following the date of the invoice until paid. Such unpaid amounts shall become part of the fees and charges due and owing by the Rental Party to the District and shall constitute a perpetual statutory lien against the real property owned by the Rental Party (or the Owner as set forth on the signature page) pursuant to§ 32-1-1001(1)0), C.R.S. The selection of the contractor for any cleaning, repairing or replacement shall be within the sole discretion of the District. The District shall refund the Deposit, or any remaining amount thereof, within thirty (30) days from the first business day immediately following the event, to the Rental Party. Agree 10. Alcoholic Beverages. Alcoholic beverages may be served as long as the Rental Party abides by the following conditions: (IF ALCOHOL IS TO BE PRESENT, THE RENTAL PARTY IS REQUIRED TO HAVE SECURITY (4 hour minimum) * a. No fee will be charged, either directly or indirectly (i.e. no cash bar) for the consumption of alcoholic beverages. b. No alcoholic beverages, including 3.2 beer, will be served, at any time, to any person who is under 21 years old or to any intoxicated person. c. It is acknowledged that the District does not hold or maintain a liquor license, and permission to serve alcoholic beverages does not constitute a liquor license. The Rental Party shall be solely responsible for compliance with the liquor laws of the State of Colorado. No alcoholic beverages will be served or consumed OUTSIDE of the Clubhouse. d. If any persons under the age of 21 attending the event, whether invited or uninvited, bring alcoholic beverages onto the Clubhouse premises, the Rental Party shall take action to have such beverages removed from the premises. If necessary, the Rental Party will call the police to seek assistance with the enforcement of this policy. At any event in which the majority of the attendees are under 21 years old, the Rental Party will assure that there is at least one adult chaperone present at all times for every ten (10) persons under 21 years old. e. If any adult (persons 21 years old or older) attending the event, whether invited or uninvited, is abusing or misusing alcohol on the Clubhouse premises, the Rental Party will take action to have such activities stopped, and if necessary, notify the police to seek assistance. f. The Rental Party agrees to arrange alternate transportation for any attendee who is unable to safely and responsibly drive away from the event due to intoxication. The Rental Party agrees that they are solely responsible for any claim or liability that arises as a result of the serving of alcoholic beverages at their event. g. The Rental Party shall indemnify and hold harmless the District for any claims, actions, or suits brought by third-parties against the District for any damages caused as a result of Rental Party's failure to comply with the provisions of this Agreement. h. Security personnel are required for all rentals during which alcohol will be present and/or 75 or more people in attendance. No exceptions will be granted. If security personnel are required, the undersigned will be responsible for all costs related thereto. Security personnel must be reserved by District staff. In the event this provision is violated by the Rental Party, the Rental Party shall automatically be assessed a minimum of $250 penalty and shall be suspended from all Clubhouse rental privileges for twelve (12) months. Agree 11. Smoking. The Rental Party acknowledges that the Clubhouse and Pool areas are NON-SMOKING facilities and is strictly enforced by the staff & security. No smoking is allowed anywhere within the Clubhouse and the fenced areas of the Pool, the parking lot, the playground, sidewalks or near the dumpster. No exceptions allowed (includes all types of cigarettes, whether they be traditional, vapor, e-cigarettes, cigars, other smoking devices, etc.). Dumpster & trash bins on the Clubhouse property are only for trash, not for any type of above-referenced smoking implements/utensils. A designated smoking area and smoking trash receptacle is provided outside the front of the Clubhouse near the buffalo monument. The penalty for violating of this provision is a $100 fine. Agree 12. Use Restrictions. The Rental Party agrees that use under this Agreement will comply with all laws of the United States, the State of Colorado, all ordinances, rules and regulations of Arapahoe County and the City of Aurora and the requirements of the District, District staff, local police and fire departments. The following use restrictions shall be in effect at all times: a. Excessive noise or misconduct shall be grounds for immediate revocation of the right to use the facilities. All music must be kept at levels that do not disturb the reasonable peace and quiet of any citizen. All noise shall be confined within the building and doors will remain closed when music is playing. b. Upon sufficient cause and in the interest of the safety of the public, the District, its authorized representatives (including private security) and the Aurora police department shall have authority to close the Clubhouse to public and private activities. c. City of Aurora fire codes mandate the legal capacity of the Clubhouse. Doors may not be blocked; a clear five-foot width pathway to insure safe exit must be maintained. Throwing of rice, birdseed or confetti is not permitted. Special permission may be granted on a case-by case basis. d. Children's parties must have parent/adult supervision. This rule applies for any persons under the age of eighteen (18). e. No weapons of any type and no fireworks are allowed in the Clubhouse or the immediate surrounding area. f. The Rental Party agrees to comply with all state and local laws, ordinances, and regulations, including, but not limited to, those governing the serving and/or consumption of alcohol, parking, open container. noise, disorderly conduct, or loitering. The Deposit may be forfeited as the result of violating these provisions. Agree 13. Parking. The Rental Party acknowledges that parking is available only on a first come, first served basis. Function guests may not park in areas designated as no parking areas. Cars parked in inappropriate areas must be moved upon request or will be towed at the owner's expense. Agree 14. Vendors and Suppliers. All Rental Parties will furnish their own equipment and materials unless specifically designated on the application. Subject to prior agreement being made with District staff, the Rental Party agrees that entertainment companies, caterers, florists, photographers and all other third parties providing services for the event, will coordinate their arrival and departure times to coincide with the base use period. If the facility is not left vacant after the completion of the rental. it is understood that the actual costs of teardown will be assessed, and the Rental Party will be responsible for all cleaning, storage, and rental fees during the time premises are not vacant. Agree 15. Loss. The District is not responsible for lost or stolen articles. Agree 16. Exceptions. Any exceptions to the provisions set forth in this Agreement will be considered by the District on an "as requested" basis and such requests shall be submitted in writing. Agree 17. Breach of Agreement/Fines. The Rental Party agrees that violation of any of the above provisions or the District's Rules and Regulations may result in fines of up to $250.00 per violation, forfeiture of the Deposit, and additional fees/fines, being billed to the Rental Party, at the discretion of the Board or District staff. Further, any such violation may preclude the Rental Party from using District facilities in the future, in the discretion of the Board or District staff. The District shall have all rights available under law and the District's governing documents for enforcement of the provisions of this paragraph. Agree 18. Limitation of Liability and Indemnification. Rental Party accepts full responsibility for all guests and agrees to be financially responsible for any damage caused by them, even if such costs exceed the amount of the Deposit. Rental Party releases and agrees to fully indemnify, hold harmless and defend the District and its representatives from all liability resulting from Rental Party's use of the Clubhouse and surrounding area, including liability for any attendee to Rental Party's function. Rental Party agrees to save, indemnify, defend and hold harmless the District and its officers, directors, agents, employees, contractors and subcontractors against any and all damages, losses, liabilities, claims, costs and expenses, including reasonable attorneys' fees arising out of any claim asserted by the undersigned, his or her family, guests, employees, invitees or third parties in conjunction with or arising in any way out of the use, operation or maintenance of the Clubhouse. Rental Party expressly acknowledges and agrees that the activities at the facility may be dangerous and involve risk or serious injury and/or death and/or property damage and hereby assumes full responsibility for the risk of bodily injury, death or property damage resulting from the negligence of the District or otherwise while in or upon the District's facilities or for any purpose while participating in the event which is the subject of this Agreement. Rental Party hereby releases, waives, discharges and covenants not to sue the District, its officers, officials, representatives and assigns from all claims, demands and any and all manner of actions, causes of action, suits, damages, claims and demands whatsoever in law, or in equity, which the Rental Party now has, or which its successors, executors or administrators hereafter can, shall or may have, for, upon or by reason of any manner, cause created by or existing out of the permitted use of the facilities by the Rental Party, or any person using the reserved facilities. Rental Party expressly agrees that this reservation, release and indemnification is intended to be as broad and inclusive as is permitted by the Jaw of the state of Colorado, and further that if any part hereof is held invalid, the remainder of this section and this Agreement shall continue in legal force and effect. Agree 19. Animals. No animals, except documented service animals for the disabled, are allowed in the facilities. Agree 20. Severability. If any portion of this agreement is declared by any court of competent jurisdiction to be void or unenforceable, such decision shall not affect the validity of any remaining portion, which shall remain in full force and effect. In addition, in lieu of such void or unenforceable provision, there shall automatically be added as part of this Agreement a provision similar in terms to such illegal, invalid or unenforceable provision so that the resulting reformed provision is legal, valid and enforceable. Agree 21. Miscellaneous. This agreement constitutes the entire agreement between the parties with respect to the matters addressed herein, and shall supersede all prior oral or written negotiations, understandings and commitments. Agree 22. Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify, in whole or in part, any governmental immunity that may be available by Jaw to the District, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the District and, in particular, governmental immunity afforded or available to the District pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part I of the Colorado Revised Statutes. Agree 23. Counterpart Execution. This Addendum may be executed in several counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same instrument. Executed copies hereof may be delivered by facsimile or email of a PDF document, and upon receipt shall be deemed originals and binding upon the signatories hereto, and shall have the full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings. Agree 24. Commercial Use Prohibited. Events of a commercial nature are not permitted at the Clubhouse. Rental Party is prohibited from utilizing the rental of the Clubhouse to make a profit. Events held at the Clubhouse are intended for personal, non-commercial use only (i.e. baby showers, receptions, graduation parties, etc.) and under no circumstances shall commercial activities be solicited or held at the Clubhouse. Rental Party shall not hold any vendor fairs or similar events for profit at the Clubhouse, hold any event at the Clubhouse in which products are sold, or hold any events at the Clubhouse where participants are charged to participate. Any Rental Party found to be in violation of this provision will forfeit their entire Clubhouse Deposit and will be banned from renting the Clubhouse for not less than one year. Agree 25. Subletting/Third Party Use Prohibited. Rental Party is prohibited from renting the Clubhouse or a portion of the Clubhouse to a third-party for any event. Rental Party must be present at the Clubhouse during the entire duration of their event. Any Rental Party found to be in violation of this provision will be charged the non-resident rate and a $100 fine, will forfeit their entire Clubhouse Deposit, and will be banned from renting the Clubhouse for no less than one year. Agree 26. Repeat Violations. If you incur a fine for the repeat violations within a 12-month period, the District has the right to charge the below penalties in addition to any costs previously incurred: Violation #2 = $250 fine Violation #3 = $500 fine and a 6 month suspension from renting the clubhouse Agree Rental Party has read and fully understands and has voluntarily signed this Agreement. Rental Party understands that this is a legal document and has had the opportunity to consult legal counsel or by signing below waives the right to do so. Rental Party shall be considered the legally responsible party for compliance with all rules and regulations of the District. Failure to fully comply with the terms and conditions of this Agreement and all rules and regulations of the District may result in the forfeiture of the Deposit and the Rental Party's ability to rent facilities in the future. BY MY SIGNATURE BELOW, I HEREBY SWEAR TO HAVE READ AND UNDERSTAND, AND AGREE TO COMPLY WITH, THIS CLUBHOUSE RENTAL AGREEMENT, AND HAVE READ, AM FAMILIAR WITH, AND AGREE TO ABIDE BY ALL RULES AND REGULATIONS OF THE DISTRICT. OWNER CERTIFICATION (if applicable) I, Owner's Full Name THE OWNER OF THE PROPERTY LOCATED AT Owner Address GIVE PERMISSION FOR MY RENTER Renter's Full Name TO USE THE CLUBHOUSE AND UNDERSTAND THAT ANY DAMAGES, LIABILITIES, ETC. ARE ULTIMATELY MY RESPONSIBILITY. SIGNATURE: DATE: Additional Comments (if applicable) Please leave any additional comments regarding your clubhouse rental: INDEMNIFICATION/WAIVER OF LIABILITY: THIS IS A RELEASE WAIVER AND RELEASE FROM LIABILITY AND AGREEMENT TO INDEMNIFY IN CONSIDERATION of being permitted to enter for any purpose onto the property of Wheatlands Metropolitan District (“District”), as further defined in the Application and Permit for Park Reservation and/or Application For Facility Use (as applicable, the “Permit”), to which this RELEASE is attached. The undersigned hereby agrees as follows: 1. The undersigned is authorized to make this application on behalf of the party, group or organization he represents. 2. That upon entering any such areas as described in the Permit, the undersigned will continuously thereafter inspect such facilities and all portions thereof, and his continued use thereof shall constitute an acknowledgement that he has inspected such facility and finds and accepts the same as being safe and reasonably suited for the purposes of the use; and further agrees and warrants that if at any time the facility is deemed to be unsafe, District officials will be notified, and use of the facility will be terminated. 3. The undersigned HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE WHEATLANDS METROPOLITAN DISTRICT, officers, officials, and representatives on account of injury to the person or property which applicant alleges to represent caused by the negligence of the District while the undersigned and the persons he represents are utilizing the facility for any purpose. 4. The undersigned, on behalf of the group represented, AGREES THAT THE GROUP DOES INDEMNIFY AND HOLD HARMLESS the District from any liability, damage or cost which may have accrued due to the activities or presence of the group. 5. The undersigned, on behalf of the group represented, ASSUMES FULL RESPONSIBILITY FOR ANY PROPERTY DAMAGE caused by the negligence of the group. 6. The undersigned expressly acknowledges and agrees that the activities at the facility are dangerous and involve risk or serious injury and/or death and/or property damage. 7. IN THE EVENT INTOXICATING BEVERAGES ARE SERVED OR SUPPLIED BY WHATEVER MEANS ON WHEATLANDS METROPOLITAN DISTRICT GROUNDS BY THE PERMIT HOLDER, THE UNDERSIGNED SPECIFICALLY ACKNOWLEDGES THAT THE TERMS OF THIS RELEASE WILL APPLY THERETO IN EVERY RESPECT. THE PERMIT HOLDER/APPLICANT HAS ACKNOWLEDGED AND AGREED THAT IT WILL BEAR COMPLETE RESPONSIBILITY, IN ACCORDANCE WITH THE TERMS OF THIS RELEASE, FOR SUCH INJURIES OR DAMAGES TO PERSON OR PROPERTY WHICH MAY RESULT AND WILL INDEMNIFY THE WHEATLANDS METROPOLITAN DISTRICT FOR ANY AND ALL LIABILITY INCURRED AS A RESULT OF THE SERVICE OR SUPPLICATION OF INTOXICATING BEVERAGES ON WHEATLANDS METROPOLITAN DISTRICT GROUNDS BY THE PERMIT HOLDER/APPLICANT. 8. The undersigned expressly agrees that the foregoing release, and indemnifying agreement is intended to be as broad and inclusive as is permitted by the law of the State of Colorado, and further, that if any part thereof is held invalid, the remainder of this agreement shall continue in legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT on behalf of himself and the organization and persons utilizing the permit, and further agrees that no oral representations, statements, or inducements have been made. WHEATLANDS METROPOLITAN DISTRICT COVID-19 WAIVER Waiver of Liability and Release (COVID-19) - Clubhouse Rental PLEASE READ THIS WAIVER AND RELEASE CAREFULLY AND MAKE SURE YOU UNDERSTAND IT. COVID-19 coronavirus (“COVID-19”) is extremely contagious and is believed to spread mainly from person to-person contact. Methods of transfer may include, but are not limited to, physical contact, contact through breath, and contact with stable surfaces. Gatherings of people or people in close proximity to one another are believed to be the main cause of the spread of COVD-19. Accordingly, any gathering of people, including at the Clubhouse, is or can be inherently dangerous and unpredictable. Additional Information about COVID-19 and COVID-19 symptoms may be found at https://www.cdc.gov/coronavirus/2019 ncov/index.html and https://covid19.colorado.gov/about-covid-19. The Wheatlands Metropolitan District (“District”) wants to make sure that you understand the potential risks of COVID-19 before you decide to rent the Clubhouse and hold an event there. By signing this Waiver and Release, you recognize and acknowledge the contagious nature of COVID-19 and the threat that COVID-19 poses to the health of individuals, and you voluntarily and knowingly assume the risk that you or your guests may be exposed to or infected by COVID-19 at the Clubhouse during your rental, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. There may be other risks and dangers, a complete listing of which is not possible and cannot be anticipated, and you assume all such risks and dangers, whether or not described here, known or unknown. You understand and acknowledge that the risk of becoming exposed to or infected by COVID-19 at the Clubhouse may result from the actions, inactions, negligence or omissions of yourself, your guests and others. By signing this Waiver and Release you certify that you have received any and all information that you deem necessary or important in making an informed choice regarding your or your guests’ use of the Clubhouse during your rental, and you voluntarily agree to assume all risks and accept sole responsibility for any injury to you or your guests (including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind), that you or your guests may experience or incur in connection with attendance at the Clubhouse during your rental(s). By signing this Waiver and Release, you hereby waive any and all claims and demands for relief, whether past or future and regardless of the legal or factual basis thereof, that could be asserted in any forum or manner whatsoever, based upon, related to, or concerning your Clubhouse rental, expressly including but not limited to any claim arising from infection, illness, or death, including from COVID-19, to persons or any economic damages, including those claims based on any alleged or actual negligence, any breach of any express or implied statutory or other duty of care, or mistakes or errors in judgment of any kind, and expressly release, discharge, indemnify and hold harmless the District, its officers, employees, agents, consultants, independent contractors and representatives from and against any and all such claims and demands regardless of when or by whom asserted. By signing this Waiver and Release, you agree to use your best efforts to ensure your guests are aware of the risks of COVID19 while attending an event at the Clubhouse, that you and your guests are in good health and free of COVID-19 symptoms, including, but not limited to, fever, cough, or shortness of breath, while attending your event at the Clubhouse. You also agree that you and your guests will adhere to all rules, regulations, public health orders and policies in effect at the federal, state, and local level at the time of the rental to prevent the spread of COVID-19 (e.g. social distancing and mask requirements). You agree that you: (1) have received sufficient information regarding the rental/use of the Clubhouse to assess the potential degree of risk involved, and the extent of possible injury due to COVID-19; (2) understand the activities and potential risks; (3) have carefully read and fully understand the effect of relinquishing the rights that you hereby waive; and (4) voluntarily sign this Waiver and Release. Signature implies legal responsibility for compliance with all the conditions as outlined by the District. Please note that yard game rentals and bounce house rentals are separate from your clubhouse rental. Please contact the YMCA if you are interested in renting those additional items. Once you have submitted this form the YMCA will call you to confirm they have received your paperwork and will take your credit card information over the phone. The credit card you provide will be kept on file for the damage deposit and will be used to pay your rental fee.