Olde Saluda

Cabana Usage and Reservations

RESERVATIONS AND USAGE OF THE CABANA AREAare on a first-come, first-serve basis and REQUIREa completed Cabana Reservation Agreement along with a deposit of $75.00 made payable and mailed to: Olde Saluda HOA, 4910 Trenholm Road, Suite C, Columbia, SC 29206. Please call MJS Inc. @ 743-0600 at least two weeks prior to the date you wish to reserve the facility to ensure availability and/or to request additional agreement forms. Reservations are not final until you have received a confirmation from MJS via e-mail. The deposit will be returned within two weeks pending verification the facility is returned to pre-function condition. Please remember, homeowners will continue to have normal access to the pool during the period that you reserve the cabana.

A member who sponsors the use of the facility is responsible for any damage to the facility as a result of their use of the facility and for the removal of all trash created by their function or brought to the pool by their guests. You must provide you own trash bags and remove all trash and debris at the time that your function is over. This area is not available to the general membership when reserved and must be cleaned thoroughly after use. Failure to do so may result in an assessment for cleaning and/or loss of your $75.00 deposit.

ALL RULES RELATING TO THE POOL AND CABANA AREAS APPLY DURING YOUR FUNCTION’S RESERVED DATE AND TIME.

It is imperative that all homeowners’ rights are respected during your function!

During the “Swim Season” (the part of the year when the pool facility is normally available to the entire membership for swimming):

-The normal operating hours for the facility are 7:00 A.M. to 9:00 P.M. (or dark, if earlier). Due to DHEC regulations, there is absolutely no swimming after the normal operating hours for the facility.

-A member in good standing may reserve the use of the cabana during the normal operating hours of the facility. The reservation of the cabana shall not exclude the normal use of the pool by other homeowners or their accompanied guests.

-The entire pool and cabana area can be reserved for functions after the normal operating hours of the facility until 11:00 P.M. Normal swim hours will be maintained. If you reserve the facility for a function during a time when normal use of the facility is not available to the entire membership, you are responsible for the cleaning of the bathrooms as well. No one is allowed at the facility after 11:00 P.M. unless special permission is given by the Association.

-Functions during normal operating hours are limited to forty (40) guests, with no more than thirty-five (35) being non-residents.

During the “Non-swim Season”(the part of the year when the pool facility is not available to the entire membership for swimming):

-The entire facility can be reserved by a member in good standing from 7:00 A.M. to 11:00 P.M. If you reserve the facility for a function during a time when normal use of the facility is not available to the entire membership, you are responsible for the cleaning of the bathrooms as well. No one is allowed at the facility after 11:00 P.M. unless special permission is given by the Association.

Olde Saluda

Facility Address: 524 Hope Ferry Road, Lexington, SC 29072

Reservation Agreement

Today’s Date: ______Reserved By: ______

Reservation Date: ______Deposit and Admin Fee received: ______

Reservation Time: From:______To:______

(Please include sufficient time of set-up and clean-up)

Portion of the facility to be reserved:

Cabana Only

Pool Use (not exclusive during operating hours of swim season)

The reservation and use of the portions of the facilities at Olde Saluda is limited to the following terms:

a)In order to reserve any portion of the facility all assessment(s) due to the Association from any reserving homeowner(s) must be current.

b)A completed Cabana Reservation Agreement along with a deposit of $75.00 made payable and mailed to Olde Saluda HOA, 4910 Trenholm Road, Suite C, Columbia, SC 29206 for approval. (The amounts of the security deposit and any associated usage fees may be changed by the Association from time to time without notice to the membership. Any fees set out in this agreement once executed are not subject to change.)

c)The member (or at least one (1) of the members) reserving the facility (or a portion thereof) shall remain at the facility at all times while a function is being held. The member (or members) reserving the facility shall be solely responsible for the actions of all attendees at any function held at the facility while the facility (or a portion thereof) is reserved for use by that member (or by those members), including but not limited to their guests, all contractors and all service providers.

d)Any member(s) reserving a portion of the facility shall bear full responsibility for the cleaning of the facility immediately after the function (or by such other time designated by the Association in the additional terms section of this agreement). All trash and garbage must be collected and removed from the facility by the member by the deadline established by the Association.After cleaning, any portions of the facility utilized or affected by the use of the facility must be left in a condition equal to or better than the condition that the facility was in prior to the use by said owner. The Association shall have the sole authority under this agreement to determine whether the facility has been left in the proper condition and any further responsibility of a reserving member for further cleaning. The Association may provide the reserving member with notice of their default under this agreement and provide that member with a deadline for remedying the breach; or it may simply have the facility cleaned to its satisfaction and deduct the cost of such cleaning from the deposit (or bill the member for any additional cost).

e)Any member(s) reserving all or a portion of the facility shall bear full financial responsibility for any damage to any portion of the facility that may result from their reservation of the facility, as well as any repair or maintenance of any portion of the facility that results from their reservation of any portion of the facility. The Association shall have the sole authority to determine the responsibility of a member who reserves a portion of the facility for repair or maintenance and the degree to which repairs shall be made or maintenance provided. The Association shall provide the reserving member with notice of damage found and its decision that repairs be made or maintenance be performed. After notice is provided to the reserving member or members, the Association may either provide that member or those members with a deadline for providing maintenance or for having repairs made or it may simply have the repairs made or the maintenance performed to its satisfaction and deduct the cost of such repairs or maintenance from the deposit (or bill the member for any additional cost).

f)After the use of the facilities (or a portion thereof) by the reserving member, should there be no additional cleaning, repairs or maintenance required by the Association, the Association shall return the deposit provided by the Member reserving the facility within fourteen (14) days of the date that the facility was reserved by the member (date of use by that member). In the event that further cleaning, repair or maintenance is required by the Association after use by a member or by members reserving the facility (or a portion thereof), the entire deposit may be held until such time as the cleaning, repairs and maintenance are completed. After the cleaning, repairs of maintenance are completed, any portion of the deposit provided by the reserving member that is not utilized to cover the cost(s) that the Association deems to be the responsibility of that member shall be returned to that member within fourteen (14) days of the date that the cleaning, repairs or maintenance are completed to the satisfaction of the Association.

g)Should keys to the facilities be provided to a reserving homeowner, unless agreed otherwise by the Association, all keys must be returned within 48 hours of the end of the scheduled event. Failure on the part of the reserving homeowner to return key(s) shall automatically result in the forfeiture of $25.00of the deposit received from that homeowner or homeowners reserving the facilities.

h)Until the Association is reimbursed by that member (or those members), any cost incurred by the Association for cleaning of any portion of the facility, for repairs made to any portion of the facility, for maintenance performed on any portion of the facility or for the collection of these cost from that member (or those members) reserving the facility shall become a part of the Association lien on the lot (or lots) of that member or of those members reserving the facility. The Association may also charge an administrative fee for its time in addressing issues related to the further cleaning, repair or maintenance of the facility after the facility or a portion thereof is reserved and used by a member or by more than one member.

i)The pool area can not be reserved in its entirety during normal operating hours during the swim season. During the period when the pool area is not available for use by all members (during the non-swim season and after operating hours during the swim season), the entire pool area can be reserved. Swimming is not permitted during the non-swim season or after the normal operating hours posted at the pool. During the swim season, the pool area is not cleaned and the trash is not removed on a daily basis. It is the responsibility of any member or members reserving a portion of the pool area during normal operating hours during the swim season to remove all garbage brought to the facility by their guests upon exiting the facility. After normal operating hours during the swim season and at all times in the non-swim season, it shall be the responsibility of any member (or members) reserving the pool area to set up the pool area to their satisfaction and to remove any garbage that they might feel needs to be removed prior to their use of the facility. The removal of all trash and garbage (whether brought to the facility by the member and their guests or not) and the appropriate positioning of all pool furniture shall be the responsibility of the member or members reserving that portion of the facility.

j)Any Member and all Members reserving the facility by execution of this agreement hereby agree to hold the Association, its Board and Officers, its committee members and the Association’s management company harmless from any and all actions brought by any attendee of the event, whether that attendee is a member of the Association or not, that may in any way be related to that person’s attendance at or use of the facility.

By initialing each page and executing below, the undersigned agree to all of the terms above.

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