Harmony Master Homeowners Association

 Facility User’s Agreement

 

This is not necessarily an exhaustive list of all policies, procedures, and rules associated with The Commons. While this is intended to be an accurate reflection of all procedures, management reserves the right to revise any policies, rules, schedules, etc. as circumstances change (e.g. emergencies, change in personnel, workload, community issues, etc.). I have read and understand and will adhere to the policies and procedures above which have been established by The Commons. I understand that failure to follow these policies and procedures may jeopardize my household’s privilege to use the facilities and/or programs.

 

I also understand that it is my responsibility to keep current on all policies and procedures of The Commons enter and to inform the Facility Users associated with my Lot of the policies and procedures as they too must adhere to the community guidelines.  

 

Harmony Master Homeowners Association, Inc.,

Resident Informed Consent, Release and Waiver Agreement

 

Thank you for using The Commons at Harmony in Aurora, Colorado. Management requests your understanding and cooperation in maintaining both your and our safety and health by reading and signing the following Informed Consent Agreement. Facility use is contingent upon signing this agreement.

 

I, a Facility User of the Harmony community, declare that I intend to use some or all of the facilities offered by Harmony Master Homeowners Association, Inc., including, but not limited to, The Commons, swimming pools, water features, , (either presently existing or anticipated for future construction) and to participate in events sponsored from time to time by the association (the “events”). All of these activities and programs are collectively referred to as the “facilities”. In consideration for being allowed to use the facilities and participate in the events (collectively, the “activities”), I declare as follows:

 

1. I understand that each individual (myself included) has a different capacity for participating in such activities and services. I assume full responsibility during and after my participation for my choices to use or apply, at my own risk, any portion of the information or instruction I receive. I have read and agree to comply with the written rules and regulations for use of the facilities.

 

2. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill with which I conduct myself in the activity and/or program. I am in good health and I am physically able to participate in the activities and programs of my choice and I acknowledge that my choice to participate in any activity or programs offered by Harmony Master Homeowners Association, Inc., brings with it my assumption of those risks or results stemming from this choice, and the fitness, health, awareness, care, and skill that I possess and use.

 

3. I understand that participating in the activities and/or programs may involve risk, including property damage, economic loss, personal injury, disabilities, or death, and I willfully and voluntarily assume those risks even though some risks are apparent and other are not identifiable.

 

4. I accept personal responsibility to always act in a safe manner and abide by the rules and regulations of the Association and The Commons whenever I participate in these activities. I agree to immediately inform a representative of the event or Harmony Master Homeowners Association, Inc. and/or Melcor, and stop participation in the activities, if I observe any unsafe condition or broken equipment, or if I experience any pain, discomfort, or other symptoms that I may suffer during or after participating in the activities. I understand that I may stop or delay my participation in any activity or program if I so desire and that I may also be requesting to stop and rest by any event representative or employee who observes any symptoms of stress or abnormal response, and I agree to comply with such directions.

 

5. I understand that I am responsible for obtaining the appropriate insurance coverage when participating in the activities and that the Harmony Master Homeowners Association will not provide me any insurance coverage.

 

6. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in any of the activities and programs of the facilities, or use of equipment or machinery except as hereinafter stated. I understand that I have been strongly advised to determine whether I need my doctor’s approval before participating in the activities, especially any exercise, aerobics, or fitness activities. I also acknowledge that I should obtain yearly or more frequent physical examinations and review with my doctor the activities that are best suited for me. I understand that my decision to participate in the activities is voluntary.  Harmony Master Homeowners Association, Inc. do not have resources to review, and are not responsible for reviewing my decision to participate in the activities. I acknowledge that I have either had a physical examination and been given my physician’s approval to participate in the activities, or I have elected to participate in the activities without approval of my physician and hereby assume all risk and responsibility for my participation in the activities.

 

7. By signing this document, I acknowledge that I have voluntarily and willingly chosen to participate in the activities. I assume all risk for my health and on behalf of myself, my heirs, beneficiaries, dependents, and personal representatives, release and hold harmless the Harmony Master Homeowners Association, Inc. and Capital Consultants Management Corporation (“CCMC”), and each of their respective directors, officers, employees and agents from any responsibilities, liabilities, damages, or claims related to my participation in the activities.

 

8. I agree to unconditionally waive and release the Harmony Master Homeowners Association, Inc. and CCMC, and each of their respective directors, officers, employees and agents from any and all injuries, claims, causes of action and liabilities of any nature and kind that I may sustain, or any damage that may be caused to my property in connection with said activities or such use of such facilities, including injuries sustained or property damage caused by my  use of equipment, to the extent allowed by law.

 

9. I acknowledge that I may be subject to being photographed and the photographs (in all forms of media) may be used to publicize The Commons, Harmony and CCMC. A sign will be placed at the front desk or at the location of the event if photos will be taken. If I do not desire to have my photo taken I will avoid the event. If my photo appears on the Community Website and I desire removal of the image, I will contact the Lifestyle Director.  

 

I declare that the terms of this informed Consent Agreement have been completely read and are fully understood by me and that if desired I have had the opportunity to consult with an attorney prior to executing it. I am freely and voluntarily executing this Informed Consent, Release, and Waiver for the purpose of making a full and final compromise and settlement of any and all claims, disputed or otherwise, related to the facilities and programs described above

 

Alcohol Event Agreement

Harmony Master Homeowners Association, Inc.

                                                                                                                                                                                       

Thank you for using The Commons at Harmony in Aurora, Colorado. The Board of Directors requests your understanding and cooperation in maintaining a safe environment by reading and signing the following Alcohol Event Agreement. Facility use at events where alcohol is consumed is contingent upon signing this agreement. The Board of Directors also reserves the right to revoke the usage of alcohol at any time.

 

I, _________________________, a Facility User of The Commons, declare that I intend to use some or all of the facilities offered by Harmony Master Homeowners Association, Inc., including, but not limited to, The Commons, swimming pools, water features, and outdoor basketball courts, (either presently existing or anticipated for future construction) and to participate in events where alcohol is being consumed (collectively, the “activities”). I declare as follows:

 

_____  I understand that each individual (myself included) has a different capacity for participating in such activities and services. I assume full responsibility during and after my participation for my choices to consume alcohol, at my own risk. I have read and agree to comply with the written rules and regulations for use of the facilities which will still apply when alcohol is involved.

 

_____  I understand that I am encouraged to have a designated driver or walk to The Commons, or otherwise arrange for transportation; encourage members to bring non-alcohol beverages, and to eat before the function, serve food at, or bring food to the function.

 

_____  I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill with which I conduct myself in the activity and/or program. I am in good health and I am physically able to participate in the activities and programs of my choice and I acknowledge that my choice to consume alcohol in any activity or programs offered by Harmony Master Homeowners Association, Inc., brings with it my assumption of those risks or results stemming from this choice, and the fitness, health, awareness, care, and skill that I possess and use.

 

_____  I understand that participating in the activities and/or programs where I may consume alcohol may involve risk, including property damage, economic loss, personal injury health, disabilities, or death, and I willfully and voluntarily assume those risks even though some risks are apparent and other are not identifiable.

 

_____  I accept personal responsibility to always act in a safe manner and abide by the rules and regulations of the Association and The Commons whenever I participate in these activities. I agree to immediately inform a representative of the event or Harmony Master Homeowners Association, Inc., and stop participation in the activities, if I observe any unsafe condition or broken equipment, or if I experience any pain, discomfort, or other symptoms that I may suffer during or after participating in the activities. I understand that I may stop or delay my participation in any activity or program if I so desire and that I may also be requested to stop drinking or leave the facility by any event representative or employee who observes that my consumption of alcohol is disrupting the event or causing harm to myself and/or other around me, and I agree to comply with such directions. I understand that should I be asked to leave an event my participation at other events will be temporarily revoked and could possibly be permanently revoked by the Board of Directors after a hearing.

 

_____  I understand that I am responsible for obtaining the appropriate insurance coverage when participating in the activities and that the Harmony Master Homeowners Association Inc. will not provide me any insurance coverage.

 

_____  I understand that the Colorado Liquor Code states it is unlawful

 

1. For any person (which includes natural persons as well as entities such as the Association) to serve, or permit the serving, or giving of any alcohol beverage to a visibly intoxicated person or to a known habitual drunkard
2. To serve or to permit the serving, or giving or procuring of any alcohol beverage to or for any person under the age of twenty-one;
3. To regularly provide premises, together with soft drinks or other mix, glasses, or containers at a direct or indirect cost or charge to any person who brings alcohol beverages upon such premises for the purpose of consuming such beverages on the premises.

 

_____  By signing this document, I acknowledge that I have voluntarily and willingly chosen to participate in the activities where alcohol is being consumed. I assume all risk for my health and on behalf of myself, my heirs, beneficiaries, dependents, and personal representatives, release and hold harmless the Harmony Master Homeowners Association, Inc. and Capital Consultants Management Corporation (CCMC), and each of their respective directors, officers, employees and agents from any responsibilities, liabilities, damages, or claims related to my participation in the activities or consumption of alcohol at the events or during the activities.

 

_____  I agree to unconditionally waive and release the Harmony Master Homeowners Association, Inc. and CCMC, and each of their respective directors, officers, employees and agents from any and all injuries, claims, causes of action and liabilities of any nature and kind that I may sustain, or any damage that may be caused to my property in connection with said activities or such use of such facilities, including injuries sustained or property damage caused by my participation in the activities, or consumption of alcohol at the events or during the activities, to the extent allowed by law.

 

I declare that the terms of this informed Consent Agreement have been completely read and are fully understood by me and that if desired I have had the opportunity to consult with an attorney prior to executing it. I am freely and voluntarily executing this Informed Consent, Release, and Waiver for the purpose of making a full and final compromise and settlement of any and all claims, disputed or otherwise, related to the facilities and programs described above. 

Discipline Policy

Harmony Master Homeowners Association, Inc.

 

The Guidelines are established by the Board for the Association under the authority described in the Association’s governing documents. These Guidelines are designed to ensure that the Association serves the best interests of the greatest number of Facility Users. These Guidelines are established to preserve the recreation facilities of the Association for the convenience and enjoyment of Facility Users and apply to and are enforced equitably amongst all Facility Users. While all Facility Users are entitled to enjoy The Commons, they must do so while respecting the rights of others, displaying courtesy to others, and applying common sense to the use of all recreational equipment and facilities in and around The Commons.

 

The Declaration provides the Board means to ensure compliance of these Guidelines and allows for the imposition of sanctions for violations or abuse of these Guidelines in Section 7.4 of the Declaration. Violation sanctions could include but are not limited to:

 

                                                              i.      The right of the Association to suspend voting rights of any Member.

 

                                                            ii.      The right of the Association to levy reasonable monetary fines.

 

                                                          iii.      The right to suspend a Facility User’s right to use any or all Association amenities.

 

All sanctions other than for actions constituting an emergency or an immediate threat to health or safety are subject to the notice and hearing requirements created by the Declaration. To preserve the health, safety, security, integrity, and value of The Commons and all Facility Users, the Board through this Discipline Policy delegates its authority to impose sanctions for violations of these Guidelines that constitute an emergency or an immediate threat to health or safety to The Commons managing agent. All such sanctions are subject to review by the Board.

 

Minor violations or major violations that constitute an emergency or an immediate threat to health or safety will be handled by The Commons managing agent who is authorized to ask the party to leave The Commons for the day. Major or continuing cumulative minor offenses will be forwarded to the Board or its designee. The Board may appoint a Committee to conduct hearings and sanction violators. After the initial hearing is held and sanction determined, if an appeal is requested, the Board will review the appeal and provide a final determination.

 

All aspects of this Discipline Policy shall be implemented utilizing the Association’s governing Documents, including but not limited to the Bylaws, Declaration and adopted policies

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