Morgan Hill’s

Creekside Village Homeowners Association

Creekside Village Weight Room Usage Policy.

By signing this form you agree to adhere to the following rules and statements:

  1. The weight room is for use by Creekside residents only. I understand I may not invite any outside guest to use the weight room. A resident adult must accompany children between the ages of 14 and 18. Sorry, for liability reasons children under the age of 14 are not allowed in the weight room.
  2. I understand I will be issued a personal unique electronic access code for the door on the weight room itself, and that I may not give this code to anyone else, except those in my immediate family. Access codes will be given only to persons 18 and over.
  3. Anyone using the weight room must report any damage found, or problem with the equipment immediately to any of the Board of Directors, or to Condominium Management. Failure to do so may result in financial liability for said damage or loss. The electronic lock records the access numbers and the date and time of anyone entering, and there is a closed circuit television recording system taped 24 hours a day.
  4. If there is a party or function in the main part of the clubhouse, I agree to not disturb any individuals there or to make excessive noise. Radios or CD players may be used in the weight room, but the volume must be kept low. Please be considerate of others in the event they don’t wish to listen to music.
  5. Weight room hours of operation are the same as the pool and spa hours, which are 7 am to 10 PM Sunday through Thursday, and 7am to 11pm on Friday and Saturday.
  6. There shall be no more than 8 persons in the weight room at any one time.
  7. Entry and exit to the weight room is through the front door using the access code assigned to you. If I am the last person leaving the weight room, I agree to close any open windows and shut off any fans that may be on.

In the following paragraph “HOA” shaall mean “Creekside Village Homeowner’s Association, its Board of Directors, and the officers, agents and members of the Association”. “Owner” shall mean: “Owner, or Tenant, his family members, heirs, executors, administrators and assigns”.

  1. To the fullest extent allowed by law, any OWNER shall indemnify, defend and hold harmless HOA from and against any liability, suits, actions, causes of action, claims, damages, losses or expenses, including but not limited to attorneys’ fees (collectively “claims”), which arise from or relate to the use of the weight room by OWNER, excepting only any such claims arising out of the sole negligence or willful misconduct of an indemnitee. OWNER further agrees to voluntarily release, discharge, waive and relinquish any and all actions or causes of action for personal injury, property damage or wrongful death arising as a result of said activities. OWNER hereby release, waive, discharge and relinquish any action or causes of action, which may hereafter arise for OWNER estate, and agree that under no circumstances will OWNER prosecute, present any claim for personal injury, property damage or wrongful death against HOA for any of said causes of action, whether the same shall arise by the negligence of any of said persons, or otherwise. It is the intention of OWNER to exempt and relieve HOA from liability for personal injury, property damage or wrongful death caused by negligence.

I AM AWARE THAT RECREATIONAL USE OF THE WEIGHT ROOM FACILITIES AND EQUIPMENT ARE HAZARDOUS ACTIVITIES. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE RISKS, HAZARDS AND DANGERS INVOLVED, HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS AND DANGERS OF INJURY OR DEATH AND VERIFY THIS STATEMENT BY SIGNING BELOW. I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS . I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND HOA AND SIGN IT IN MY OWN FREE WILL. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I HAVE GIVEN UP SUBSTANTIAL RIGHTS VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARNTEE BEING MADE TO ME. I MAKE THIS AGREEMENT FOR MYSELF AND ON BEHALF OF MY FAMILY MEMBERS AND GUESTS WHO ARE MINORS.

  1. Violation of any of the above rules, by the undersigned or any other individuals in my immediate family I have given my access code to, or deliberately damaging or removing any equipment or items from the weight room will result in permanent cancellation of your access code and a fine in accordance with Creekside Village CC&R’s.

South Valley

Property Management

8050 Santa Teresa Blvd., Suite 220, Gilroy, CA 95020, (408) 848-5480
Morgan Hill’s

Creekside Village Homeowners Association

Creekside Village Weight Room Usage Form

Please fill in the following information:

NAME: ______(print)

ADDRESS: ______(print)

PHONE:______(print)

SIGNATURE:______

The following information will be supplied by the property manager:

ACCESS CODE ISSUED:______

DATE ISSUED:______

$25 ACTIVATION FEE RECEIVED: YES / NO(circle one)

SIGNED ______(Property Manager)

South Valley

Property Management

8050 Santa Teresa Blvd., Suite 220

Gilryo, CA 95020

(408) 848-5480