TALLYN’S REACH METROPOLITAN DISTRICT PROPERTY OWNER FORM

Property Owner Information





Emergency Contact (Not Immediate Family):

NOTE: Minors must be accompanied by a Property Owner or another Additional Authorized User unless a Minor Release Form is on file with the District Manager.

Additional Authorized Users

Includes:

  • Adult Children (18+);
  • Tenants/Renters;
  • Regularly Employed Caregivers (Nannies/Babysitters);
  • Immediate Family (incl. Grandparents/Grandchildren);
  • and/or Others Residing at Your Property Address

Additional Authorized Users Do NOT Include Guests.

ALL ADULT ADDITIONAL AUTHORIZED USERS MUST COMPLETE AN AUTHORIZED USER FORM AND BE LISTED ON THIS PROPERTY OWNER FORM IN ORDER TO ACCESS THE RECREATION AMENITIES.

EACH PROPERTY OWNER MUST ALSO SIGN A WAIVER AND CONSENT FORM

Tallyn’s Reach Metropolitan District Waiver and Consent Form

PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

I, on behalf of myself, my children, if any, as well as my guests, children and authorized additional users listed on my Property Owner Form (if applicable), desire to participate in activities at the pool, clubhouse, tennis courts, sports fields or use other equipment, amenities, facilities, premises or property (collectively, the “Recreation Amenities”) owned or operated by the Tallyn’s Reach Metropolitan District (the “District”), and recognize the possibility of physical injury and loss associated with activities, including, but not limited to, swimming and sports. I agree that I and my children will abide by all rules, regulations, and policies of the District, and release the District from all liability for property damage and bodily injury, occurring directly or indirectly, in connection with the use of the Recreation Amenities. I further acknowledge that I am authorized to use the Recreation Amenities of the District, and have completed either the Property Owner Form, on which I am listed as an owner residing within the District, or an Additional Authorized User Form. I acknowledge that if I submit an Additional Authorized User Form, I must be listed as an authorized user on a Property Owner Form submitted by an owner of property within the District.

I, as an adult participant, and for and on behalf of my participating children, if any, agree as follows:

1. to release and agree not to sue the District, its directors, employees, agents, and subcontractors with respect to any and all claims, liabilities, suits or expenses, including attorneys’ fees and costs (hereinafter collectively a “Claim”) for any injury, damage, death or other loss incurred by me, my children, my guests, or my authorized users, in any way connected, directly or indirectly, with participation in activities and/or use of any equipment, facilities or premises of the District by me, my children, my guests, or my authorized users. I understand I agree here to waive all Claims I or my children may have against the District and agree that neither I, my children, nor anyone acting on my or my children’s behalf, will make a Claim against the District as a result of any injury, damage, death or other loss suffered by me or my children, my guests, or my authorized users; and

2. to release and to indemnify, defend, and hold harmless (“indemnify” meaning protect by reimbursement or payment) the District, its representatives, directors, employees, agents, and subcontractors with respect to any and all actions, liabilities, suits, and/or claims: (a) brought by or on behalf of me, my children or a family member, my guests, or my authorized users for any injury, damage, death or other loss in any way connected with participation in activities and/or use of the Recreation Amenities by me, my children, my guests, or my authorized users; and/or (b) brought by another user or participant or any other person for any injury, damage, death or other loss to the extent caused, directly or indirectly, by my own conduct of that of my children, my guests, and my authorized users in the course of participating in activities, and/or using the Recreation Amenities.

I further acknowledge I have reviewed and evaluated the risks and determined to use or allow my children, guests, and authorized users to use the Recreation Amenities with full knowledge and acceptance of the risks. I understand that the District does not provide insurance coverage for accidents or injury sustained by me, my children, my guests, or my authorized users. I agree that use of the Recreation Amenities and participation in activities or events at the Recreation Amenities shall be undertaken by me, my children, my guests, or my authorized users at our sole risk, and the District shall not be liable for any injuries or any damage, or be subject to any claim, demand, injury or damages whatsoever, irrespective of cause or origin.

The District shall not be responsible or liable for articles damaged, lost, or stolen, in or about the Recreation Amenities, or for loss or damages to any property including but not limited to automobiles and the contents thereof.

This Release, Waiver and Indemnity Agreement includes claim(s) resulting from the District’s negligence, and includes claim(s) for personal injury or wrongful death (including claim(s) related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.

I hereby attest that I have (1) carefully read, understand, and voluntarily sign this document and the above disclaimer, and acknowledge that it shall be effective and binding upon me, my minor children, spouse and other family members, and my heirs, executors, representatives, subrogors and estate; and (2) that I have received, read and understand the District’s rules, regulations, policies and procedures governing the Recreation Amenities:

Please sign and date below. Need at least one signature to submit form.





TALLYN’S REACH METROPOLITAN DISTRICT MINOR RELEASE FORM

I, hereby affirm that I am the parent or legal guardian of the following minors between the ages of 10 and 17 (Please note each child will need to pass a swim test before he/she will be allowed to swim unaccompanied):




and as the parent or legal guardian of the above-listed minor(s), I hereby authorize their use of the following Recreation Amenities of the Tallyn’s Reach Metropolitan District without my presence and without the presence of another parent or legal guardian (check all facilities that are authorized for use by the minor(s)):
Pool(s)

I further authorize/do not authorize minor(s) between the ages of 16 and 17 to supervise, chaperone, and monitor other minors in the pool area, without my presence and without the presence of another parent or legal guardian (check yes or no):

In making such authorizations, I acknowledge and agree any activities engaged in at the indicated facilities by said minor will be wholly unsupervised by a lifeguard or other attendant and shall be at the minor’s sole and unilateral risk. Tallyn’s Reach Metropolitan District shall not be liable for any injuries or damages caused or incurred by said minor, or be subject to any claim, demand, injury or damages whatsoever, irrespective of cause or origin and the negligence of the District’s agents, servants, assigns, or employees, or otherwise.

It is agreed and understood that a minor’s unsupervised use of the above-indicated use of the Recreation Amenities may be revoked at any time by the District Manager in the event that said minor disregards or otherwise violates any
District rules, regulations, or policies, or otherwise engages in conduct inappropriate for use of the Recreation Amenities.





Please sign below:


TALLYN’S REACH AUTHORITY

Waiver of Liability and Release - Use of Pool During COVID-19

Pursuant to Executive Order D 2020 091, issued by Governor Polis, and Public Health Order 20-28 and the Guidance for Personal Recreation issued by the Colorado Department of Public Health & Environment, the Tallyn’s Reach Authority (the “Authority”) has determined to open its swimming pool. Every person, or a parent/legal guardian of a person under the age of 18 (the “Minor”), desiring to use or participate in activities on/in/around the swimming pools and related facilities, including restrooms (collectively, the “Pool”) of the Authority must complete this Waiver of Liability and Release (the “Waiver and Release”).

PLEASE READ THIS WAIVER AND RELEASE VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND.

COVID-19 coronavirus (“COVID-19”) is extremely contagious and is believed to spread mainly from person-to-person contact. Methods of transfer include, but are not limited to, physical contact, contact through breath, and contact with stable surfaces. 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 Authority wants to make sure that you understand the potential risks of COVID-19 before you decide to use the Pool. 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.

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 Minor may be exposed to or infected by COVID-19 at the Pool, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You understand and acknowledge that the risk of becoming exposed to or infected by COVID-19 at the Pool may result from the actions, inactions and/or omissions of yourself and/or 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 own or your Minor’s use of the Pool, and you voluntarily agree to assume all risks and accept sole responsibility for any injury to you or your Minor (including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind), that you or your Minor may experience or incur in connection with attendance at the Pool.

You agree to indemnify and hold the Authority, its officers, employees, agents, consultants, independent contractors, and representatives (collective, the “Authority Indemnitees”) harmless from any claim, liability, damage, loss, injury (including death), cost or expense relating to COVID-19 which may result from your participation, or the participation of your Minor, in any activity in or around the Pool. You further agree to release, waive and discharge, and covenant not to sue the Authority Indemnitees for any and all claims, demands, losses, costs, expenses or causes of action whatsoever arising out of any claim, liability, damage, loss or injury (including death) relating to COVID-19 as a direct or indirect result of your participation, or your Minor’s participation, in any activity at the Pool. This release of liability and indemnity applies to you, the undersigned, your Minor, as well as any of your personal representatives, assigns, heirs and next of kin. By signing this Waiver and Release, you agree that you and your Minor will only use the Pool and participate in pool activities while in good health and free of COVID-19 symptoms, including, but not limited to, fever, cough, or shortness of breath.

You agree that you: (1) have received sufficient information regarding the use of the Pool to assess the potential degree of risk involved, and the extent of possible injury; (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.

Date of Birth:

Today's Date:

Signature of User/Parent/Guardian:

IF MINORS UNDER 18 YEARS OF AGE WILL BE UTILIZING THE POOL, PARENT OR GUARDIAN MUST READ AND SIGN BELOW:

I am the parent or legal guardian of the minor(s) listed below. I acknowledge that I have read this Waiver and Release and have full
knowledge and understanding of its contents. I hereby agree to the terms of the Waiver and Release on behalf of the named minor(s),
and give my consent for the named minor(s) to utilize the Authority’s Pool. I acknowledge that by signing this Waiver and Release
on behalf of the minor(s) that the minor(s) shall be bound by all terms of this Waiver and Release.

Parent/Guardian of (List Names of Minors):





Today's Date:

Signature of Parent/Guardian: