OAKDALE PLUNGE POOL TERMS AND CONDITIONS OF USE
By paying the membership or guest fees, or by entering Oakdale RV Resort & Motor Court LLC (hereinafter known as “Oakdale RV Resort”) including the Oakdale Plunge Pool (hereinafter known as “the Pool”), all individuals agree that: Camping and Swimming can be dangerous. Members, guests, and visitors to Oakdale RV Resort and The Pool are responsible for their own actions and for the actions of any individuals listed on the membership application or for accompanying guests.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
Members,guests, and visitors have had an opportunity to read ALL the Rules and Regulations of Oakdale RV Resort and the Oakdale Plunge and agree to abide by them. The Oakdale RV Resort and The Pool Rules and Regulations are posted on the website and available at the facility. Members, guests, and visitors release the Oakdale RV Resort, its management, and its employees from any liability for personal injury or property loss arising out of their activities at the Park or the Pool. They will indemnify, defend, and hold the Oakdale RV Resort harmless from and against any claim, demand, or damages (including attorneys’ fees) alleged or asserted against the Oakdale RV Resort by any individual listed in their membership application and/or any guests and visitors for any reason. Members, guests, and visitors intend this release and indemnity to be as broad and inclusive as permitted by the laws of the State of Texas; if any portion of it is held invalid, the balance will continue in full legal force and effect. In case of accident or illness, the Oakdale RV Resort may request an ambulance or other emergency treatment for them at their expense.
RELEASE OF LIABILITY RELATED TO THE CORONA VIRUS/COVID-19
I acknowledge the contagious nature of the COVID-19 virus and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by visiting Oakdale RV Resort, camping, dining, attending music performances, or participating in aquatic, recreational and other poolside activities at the Oakdale Resort (collectively, “Activities”), and that such exposure or infection may result in personal injury, serious illness, permanent disability or death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Oakdale Resort may result from the actions, omissions, or negligence of myself and others, including but not limited to the Oakdale Resort, Oakdale Resort employees and other Oakdale Resort visitors.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, including, but not limited to, personal injury, illness, disability, death, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with the Activities (collectively, “Claims”). I hereby release, discharge, covenant not to sue, and hold harmless Oakdale Resort, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Oakdale Resort, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after the Activities.
Additionally, I am not aware that I have any health conditions that are known to increase my likelihood of experiencing injuries or make me more susceptible to illness while engaging in this activity. I acknowledge and agree to take appropriate precautions, including maintaining good personal hygiene including frequent hand washing or sanitizing and staying at least six feet from persons not in my party or related to me, other than Oakdale Resort hospitality personnel. In addition to following all precautions established by the Oakdale Resort, I will take all steps necessary to reduce the risk of illness to me and my party. I specifically acknowledge my obligation to participate only if I am experiencing no symptoms identified by the Centers for Disease Control and Texas Department of State Health Service and have not had a fever or felt feverish without the use of medication, prescription or over the counter, in the last 72 hours.
PHOTO/VIDEO RELEASE
When you enter Oakdale RV Resort you enter an area where photography, audio, and video recording may occur. By entering the premises, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Oakdale RV Resort and/or its affiliates and representatives.