Trailside Metropolitan District Nos. 1-6

By signing this Assumption of Risk and Waiver of Liability, Release, Indemnification and Waiver of Liability (“Liability Waiver”) and in consideration for my ability to attend and utilize the TSMD, I,

the undersigned participant, family members, minor children, or permitted guests, consent and acknowledge that the provisions herein and agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE A&B Pool Services, LLC and the Trailside Metropolitan District Nos. 1-6, their officers, directors, employees, volunteers, agents, representatives and insurers (“Releasees”) from any claims, causes of action, damages, demands, liabilities, losses, expenses, costs, and attorneys’ fees or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against A&B Pool Services, LLC and the Trailside Metropolitan District Nos. 1-6 on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of the TSMD facilities/equipment or participation in TSMD programs whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees. I acknowledge and agree and voluntarily assume the risk that I may be exposed to infection which may result in personal injury, illness, temporary or permanent disability, and death to myself and possibly others. In consideration of my attendance at the TSMD, I, the undersigned participant, and my family, household members and permitted guests agree to abide by the Rules and Regulations of the District and use of the TSMD and agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to attendance at the TSMD. I hereby certify that I have full knowledge of the nature and extent of the risks inherent in my attendance at the TSMD and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while attending the TSMD and that by signing this agreement I HEREBY RELEASE Releasees from all liability for such loss, damage, or death. I further certify that I am in good health and that I have no conditions or impairments which would preclude my safe attendance at the TSMD.

I am therefore of lawful age and otherwise legally competent to sign this agreement. I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after having carefully read it, of my own free will.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my household, my minor children and permitted guests, including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, attorney fees, or expense, of any kind, that I may experience or incur in connection with my attendance at the TSMD and activities whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees (collectively, “Claims”).

Affirmation and Acknowledgement

The Trailside Metro District Pool ("TSMDP") is available to all Trailside Metro District ("TSMD") residents free of charge. The Pool is available to TSMD members who live in and/or own property in the TSMD boundaries. The pool agreement with TSMD is included in the annual operations and maintenance fees that you pay. A TSMD pool tag will be issued to District members in good standing. District Member definition for the Pool Membership Form: Consists of the applicant, spouse, guardians (two adults) and dependents. Dependents are persons un-married, 23 years of age or younger who reside at same address as applicant and are dependent upon applicant for financial support. (Over 21 assumed going to school.) One tag will be issued to each home/lot. If home is a rental, pool tag will be issued to either the renter or the homeowner, not both. Pool tag is not to be shared. Pool tags are owned by TSMD. Pool memberships carry no proprietary rights. No District members shall have or acquire any property rights in the property, assets, or holdings of Trailside Metro Districts. To get your pool tag: Read the pool membership packet and all rules for the pool, complete page 1 of the Pool Membership Application. Take completed pool membership form (page 1) to the Pool when notified of dates a District representative will be at the Pool or take pool packet any time to the pool/guards after pool is open for the season. The pool tag must be presented when using the Pool. Lost pool tag replacement fee is $25.00. A Guest Punch Pass is available to purchase at the pool. The Guest Punch Pass is non-transferable, expires yearly and has limitations or you can also pay for individual guest fees as needed. You must check in guests with guards and remain at the pool with your guests. See rules on guest and associated fees for guest when required. Also available is a nanny pass for your childcare provider. The nanny pass is to be used for childcare providersthat are not District members or a family member over 23 (see Dependent definition providing childcare). (Nanny/daycare provider must attend with a District member.) Fees for guest pass and/or nanny pass as needed are: $ 5.00 Daily Guest Fee: For adults and kids age 2 or more. Kids under 2 are free. (Fees subject to change) $ 50.00 Guest Punch Pass: Each district household will initially receive 10 free guest passes. After the initial 10 guest passes, each punch card with 10 punches can be purchase at the pool. Must be pool member to buy guest pass. $ 50.00 Nanny Pass: To add an additional name to your membership for a childcare provider. (Purchase at the pool.) When you are at the pool and want to buy a guest pass or nanny pass have cash, check, or money

There will be a strict policy that anyone not adhering to any rule or regulation will be banned from the pool for the duration of the season.