Membership Agreement Dunwoody North Driving Club Membership Agreement Please read this form carefully and be aware that utilizing the Dunwoody North Driving Club (hereafter referred to as the “the DNDC”) swimming pool, tennis courts, and related amenities (hereafter referred to as the “DNDC amenities”), you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you, your family members, and your guests might sustain as a result of utilizing the DNDC amenities. I agree to familiarize myself, my family, and my guests with the rules of the DNDC Swimming Pool, Tennis Courts, and Clubhouse and agree to abide by and be bound by them, as well as to be bound by this Membership Agreement (hereinafter referred to as “Agreement”). I understand that the DNDC, the DNDC board members, and lifeguards retain the right to suspend or expel members from use of the DNDC amenities for failure to comply with this agreement, as well applicable rules and bylaws. DISCLAIMER CLAUSE. The DNDC, the DNDC board members, the pool management, and lifeguards are not responsible for any injury, loss, or damage of any kind sustained by any person while utilizing the swimming pool and DNDC amenities, including injury, loss or damage which might be caused by the negligence of the DNDC. DESCRIPTION OF RISKS. I recognize and acknowledge that there are certain dangers and risks of physical injury while swimming. I voluntarily agree to assume the full risk of any and all injuries, damages, or loss, regardless of severity, that I, my family or my guests may sustain as a result of using the DNDC amenities. I further agree to waive and relinquish all claims I, my family and my guests may have as a result of using the DNDC amenities against the DNDC, the DNDC board members, the pool management, and lifeguards. NO “SWIM AT YOUR OWN RISK”. At no time will the swimming pool be available for “swimming at your own risk”. As a member of DNDC, my family members, guests, and I understand and accept that no swimming will occur unless lifeguards are present and on their posts. INDEMNIFICATION AND RELEASE OF LIABILITY. In return for the DNDC allowing me to voluntarily utilize its DNDC amenities, I agree: TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my use of the DNDC amenities, even though such risks may have been caused by the DNDC; TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I, my family, or my guests may sustain while using the DNDC amenities, even though such injury, loss or damage may have been caused by the negligence of the DNDC; TO INDEMNIFY AND HOLD HARMLESS the DNDC, DNDC board members, the pool management, and lifeguards from any and all claims, demands, actions and costs which might arise out of my use of the DNDC amenities, even though such claims, demands, actions, and costs may have been caused by the negligence of the DNDC. I understand and agree that this Agreement will have the effect of releasing, discharging, waiving, and forever relinquishing any and all actions or causes of action that I may have or have had, whether past, present or future, whether known or unknown, and whether anticipated or unanticipated by me, arising out of my use of the DNDC amenities. This Release constitutes a complete release, discharge and waiver of any and all actions or causes of action against the DNDC, the DNDC board members, pool management, or lifeguards. I understand and agree that this Agreement applies to personal injury, or wrongful death which I, my family members, or my guests may suffer, even if it is caused by the negligent acts or omissions of others. I understand that by agreeing to these terms, I am assuming full responsibility for any and all risk of death or personal injury on me, my family members or my guests while utilizing the DNDC amenities. I UNDERSTAND THAT THIS IS A LEGAL AGREEMENT. It is binding upon me and my family members as well as upon my heirs, next of kin, executors, administrators, assigns and representatives. I have read and voluntarily agree to the terms of this agreement and waiver of liability and indemnity agreement, on behalf of myself, my family, and any representatives, heirs and next of kin. I understand that by agreeing to the terms herein, I am agreeing to release, indemnify and hold the DNDC harmless from any and all liability or costs, including attorneys’ fees, associated with or arising from my use of the DNDC amenities. ALCOHOL POLICY WAIVER The member does hereby agree to indemnify the DNDC and agrees to defend and hold the DNDC harmless from and against any and all claims, actions, loses, damages, disbursements, expenses (including, without limitation, attorney’s fees and court costs) and other liabilities resulting from, relating to, or occasioned by the consumption of alcoholic beverages by the DNDC members and/or their guests. FREQUENT GUEST POLICY You agree not to “share your membership” with another resident family or individual. Membership-sharing is defined as bringing the same guest or guests more than 3 times in a season, IF the guest or guests live within city limits of the DNDC. Out of town friends or relatives do not fall under the 3-visit restriction. Caretakers or babysitters are not considered guests. UNACCOMPANIED CHILD AGES 10-11 POLICY It is expressly agreed that all use of Dunwoody North Driving Club and the property on which the DNDC operates shall be undertaken by the member, their family, or their guests at his or her sole risk, and DNDC shall not be liable for any injuries or any damages to Participant. I understand that my ten- or eleven-year-old must abide by all DNDC rules to receive the privilege of using DNDC amenities without the presence of a supervisory adult. Lifeguards have full DNDC Board support and authority to enforce pool rules and this policy. Lifeguards will administer warnings if a child is behaving in a manner incompatible with the peaceful and safe utilization of DNDC amenities, and further misbehavior may result in the minor being asked to leave (and further punitive action if warranted and appropriate). If deemed necessary, the child’s club privileges will be removed for the remainder of the summer or a period of time deemed appropriate by the DNDC Board. All incidents involving asking any unaccompanied child participant or will be reported to appropriate DNDC leadership. I agree that I have discussed this policy with my family and we agree to the terms and conditions contained herein. Member Signature Member Name Date
