Terms and Conditions

2018 Pool Usage Waiver

Valley Forge Mountain Swim Club

IN CONSIDERATION OF the covenants and agreements contained in this 2018 Pool Usage Waiver of the Valley Forge Mountain Swim Club (the “Waiver”), and for other good and valuable consideration, and with the intent to be legally bound hereby, I , an adult individual of lawful age, agree to the following:

I hereby acknowledge receipt of the Valley Forge Mountain Swim Club Rules and Regulations (the “Rules”) governing the use of the swimming pool (the “Pool”) at Valley Forge Mountain Swim Club (“VFMSC”). All terms capitalized herein and not defined shall have the meaning ascribed to such terms in the Rules. I have read the Rules (which are incorporated herein by reference as if fully set forth), I understand them, and I agree to comply with them.

ASSUMPTION OF RISK: I fully understand that in utilizing the Pool and/or VFMSC property, and swimming in general may subject me to certain risks, including but not limited to the risks of drowning, injury or death to myself or others, whether or not I swim alone or with others present. Further, I understand and acknowledge that if I swim at the VFMSC during the Unguarded Hours I WILL BE SWIMMING WITHOUT THE BENEFIT OF A LIFEGUARD AND ON A “SWIM AT MY OWN RISK BASIS”. I knowingly and voluntarily use the Pool and the VFMSC property with full knowledge of the potential dangers involved, fully assuming all risks.

WAIVER AND RELEASE: I understand and agree that the VFMSC members, the VFMSC Volunteer Board members, the Pool management company, including its and their, employees, managers, officers and agents (collectively, the “Released Parties”) are not responsible for any injury, death, damage or loss of property which I may suffer as a result of my use of the Pool or use of the VFMSC property. I expressly release the Released Parties, jointly and severally, from any and all liability, claims, demands, actions, and causes of action whatsoever (collectively “Claims”) arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, arising from my use of the Pool or the VFMSC property, irrespective of whether any such damages are a result of the acts, omissions, or negligence or the Released Parties in whole or part. I hereby waive any Claims that I may have against the Released Parties. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I EXPRESSLY WAIVE ANY CLAIMS AND RELEASE THE RELEASED PARTIES FROM ANY LIABILITY ASSOCIATED WITH MY SWIMMING DURING THE UNGUARDED HOURS WITHOUT BENEFIT OF A LIFEGUARD. This waiver and release shall be binding upon by my heirs, assigns and estate representatives.

INDEMNITY: I hereby indemnify and hold harmless the Released Parties from any and all Claims and liabilities (including attorneys’ fees) whatsoever in any way relating to my use of the Pool or VFMSC property by me or my guests.

WAIVER AND RELEASE OF GUESTS: Further, to the extent permitted under the Rules, in the event that I allow or bring a guest, invitee or my child or children (or child or children of any invitee) into the pool area, I shall cause such guests to agree to the terms included in this Waiver.

THIS WAIVER WILL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA.

I hereby acknowledge and agree that I have carefully read and fully understand this Waiver, and that I am freely and voluntarily executing the same.

 

VALLEY FORGE MOUNTAIN SWIM CLUB

RULES and REGULATIONS

  • Valley Forge Mountain Swim Club (hereinafter, “VFMSC” or the “Swim

Club”) is a member-run Swim Club with a volunteer board (the “Board”)

made up of a portion of the Swim Club’s members.

  • It is the responsibility of each Swim Club member and member family to

enforce the rules of the pool and ensure that it is a safe, fun, and clean

environment for everyone.

  • The Board does not police its members or the pool itself; the Board’s

sole role is to manage the required day-to-day operations of the pool

while adhering to the governing bylaws of the Swim Club.

  • If you are a member and see THE POOL, THE LIFEGAURD, or any of its

MEMBERS being mistreated, you have the authority, and are obligated and

expected, to take action to remedy the situation in a calm, safe, and

professional manner.

  •  Should you need assistance please call:
  • Progressive Pool Management (the ”Pool Management”):
  • Main: 302-798-5144
  • Club President: 610-608-6770
  • Emergency: Dial 911

RULES AND REGULATIONS

The following Valley Forge Mountain Swim Club Rules and Regulations (the “Rules”)

have been established for the protection and benefit of all members of the Swim Club.

ALL SWIM CLUB MEMBERS, INCLUDING CHILDREN, SHALL USE THE POOL AT

THEIR OWN RISK. The Valley Forge Mountain Swim Club, its Board, the Pool Management,

and their employees and assigns, are not responsible for any accidents, injury, theft, loss or

damage to personal property on the premises of the Swim Club.

 

It is expected that all Swim Club members become very familiar with these Rules and explain

them to their dependents and guests. The Rules are designed to provide for the safety of all Swim

Club members and the protection of your privileges. The Rules may be amended at any time by

the Board in its sole discretion. YOUR USE OF THE POOL IS CONTINGENT UPON YOUR

ACCEPTANCE AND ADHERENCE TO THESE RULES.

1. NO GLASS OF ANY KIND ON SWIM CLUB PROPERTY.

2. GENERAL AUTHORITY: The BOARD and LIFEGUARDS have authority to:

A. Enforce the Rules and any and all rules and regulations,

B. Suspend privileges, suspend and/or revoke Swim Club membership, and/or remove

individuals from Swim Club property for violations of these Rules,

C. Restrict use of audio devices, squirt guns, and other water toys,

D. Close the Swim Club due to weather, safety or sanitation reasons,

E. Dispose of articles left at the Swim Club, and

F. Determine if children, who are without direct supervision from a responsible adult

member, parent or sitter, are qualified swimmers, or if these children display the

necessary maturity to obey Swim Club Rules, and restrict or refuse use of the Swim Club

if it is determined that said children are not qualified swimmers or do not display

necessary maturity to obey Swim Club Rules.

3. CHILDREN:

A. Children under the age of 12 MUST be under the direct supervision of a responsible

adult member, parent or sitter. Parents/caregivers must be poolside when children are

in/around the pool.

B. Any child under the age of 18 (a “Minor”) that conducts himself or herself in an

inappropriate manner as deemed by a staff member shall be asked to leave the Swim

Club, and will only be able to return with adult supervision for the remainder of the

season.

4. SWIM CLUB PROCESSES:

A. All members and their guests must check-in daily at kitchen desk when entering the

Swim Club. Members must sign-in including name, arrival time, and if bringing any

guests.

B. Members or guests whose actions create additional expense for the operation of the

Swim Club are expressly liable for any and all costs and expenses associated with such

actions. (Example: Swim Club closure and associated clean up due to unsanitary

conditions or broken glass.)

5. WEATHER:

A. All members must exit the pool if thunder is heard. No one may enter the pool for a

period of 30 minutes after thunder is heard.

B. All members and guests must exit the pool if lightening is seen and the pool deck must

be cleared. No one may enter the pool for a period of 30 minutes after lightning is seen.

C. In the event of heavy rain where the bottom of the pool is not visible, then all members

and guests must exit the pool until the heavy rainfall has ceased.

D. The pool can be closed on cloudy days when the air temperature is 69 degrees or

lower at the discretion of the Lifeguard or Board.

6. COURTESY:

A. When a member is using the pool, that member may reserve a chair and table.

Otherwise, unoccupied furniture may not be reserved and is available for use by any

member.

B. If members choose to move furniture such as chairs and loungers they should return

them to their original positions before they leave. It is NOT the responsibility of the

lifeguards to return deck furniture to its original position

C. The use of profanity will not be permitted.

D. Skateboards, rollerblades, “Heelies”, or other wheeled and/or motorized devices are

not permitted to be used on the pool deck or tennis courts.

E. Pedestrians have the right-of-way in the parking lot.

7. SANITARY RESTRICTIONS/RULES:

A. Only children who are potty trained are allowed in the main pool.

B. Cloth and regular disposable diapers are NOT allowed in either pool. Disposable

diapers approved for use in pools, (such as “Swimmies”) or rubber swim diapers must be

worn by those requiring diapers in the Kiddie Pool.

C. No food or drink may be consumed while in the pool. This includes all areas of the

pool including the stairwell and shallow end.

D. Trash must be disposed of in the trash containers. Adults are responsible for their

children and guests.

E. Bathing suits must be worn in the pool. “Cut-offs” are not acceptable.

F. Only clean “water shoes” are allowed in the pool.

G. Spitting is not allowed.

H. Gum is not allowed in the fenced pool and tennis areas.

I. Pets are not allowed in the fenced pool.

J. Persons with open sores, bandages, inflamed eyes, pink eye, colds, nasal or ear

discharges, or communicable diseases may not use the pool.

8. SAFETY RELATED RULES/RESTRICTIONS:

A. NO GLASS OF ANY KIND (EX. BOTTLES, FOOD DISHES) IS PERMITTED ON

SWIM CLUB PROPERTY, including inside the fenced pool areas, kitchenette,

bathrooms and breezeway.

IMPORTANT: if any Minor from your household is caught using the pool without a

parent or guardian present during Unguarded Hours, ALL SWIM CLUB

PRIVILEGES WILL BE REVOKED for the entire household for the remainder of the

season without refund, and future requests to join the Swim Club will be determined by

the Board.

B. Smoking, and use of tobacco and/or vaping products, is prohibited on Swim Club

premises.

C. No running, dunking, pushing, “chicken-fighting” or horse-play will be permitted.

D. Only United States Coast Guard approved life preservers are allowed, and are

restricted to the pool’s shallow end for use by children under adult supervision. Children

with floatation devices, per the manufacturer’s warnings printed on the float, MUST be

within arm’s reach of their parents at all times.

E. At the discretion of the Lifeguard masks, fins, snorkels, rafts and recreational floats, or

any large floating objects that could restrict the view of the guards will not be permitted in

the pool. Toys, including balls, dive sticks, water games with balls and squirt guns may be

used at the discretion of the Lifeguard based upon pool conditions. Permission must be

obtained before toys and balls are allowed in the large pool.

F. A strap shall secure eyeglasses worn in the pool.

G. Weak swimmers shall stay in areas of the pool where the depth does not exceed their

shoulder level. The Lifeguard has the authority to remove swimmers from any pool if the

Lifeguard is not comfortable with any person’s swimming competency.

H. Intoxicated persons will not be allowed on Swim Club premises.

I. Unauthorized persons may not enter the pump and filter room.

J. The kiddie pool is for the use of children 5 and under. Older children are not permitted

in the kiddie pool.

K. Lifeguards provide NO supervision over the kiddie pool. Children in this area must be

guarded by a member or babysitter who is 18 years of age or older.

L. Persons who are not pool management employees or Board members may not enter

the pool area when the pool is closed.

M. Lifeguards are entitled to call periods of Adult Swim (typically 10 – 15 minutes) upon

which all children must exit the main pool, and adults may swim at their own risk. The

Lifeguards shall call out the start and end of such breaks to members, with no more than

one break each hour. In addition, thirty (30) minutes prior to the start of the Guarded

Hours, the Lifeguard may request that all persons exit the pool so that the Lifeguard can

clean and perform any necessary pool maintenance.

9. CAREGIVER / NANNY PASS: A caregiver pass (the “Caregiver Pass”) is a season-long pass

designed for one person to allow a caregiver access to the Swim Club.

A. Members can purchase a Caregiver Pass for $50 per caregiver subject to the following

restrictions:

1. The fee for the Caregiver Pass cannot be pro-rated.

2. Each family membership must purchase a separate Caregiver Pass.

3. The Caregiver Pass is not transferable among caregiver or family memberships.

4. The Caregiver Pass is valid ONLY when the caregiver is performing child care

duties for the member(s) who purchased the Caregiver Pass and when

accompanied by a child member.

5. Caregiver may not bring non-members into the facility.

6. Caregiver must be at least 18 years old.

B. Refer to the Section on GUESTS for additional information.

10. GUESTS:

A. Residents of Valley Forge Mountain who are not Swim Club members may be

admitted as guests, but are restricted to no more than (3) visits per season. Guests are

encouraged to join the Swim Club.

B. The hosting member must be at the Swim Club when their guests arrive.

C. Guests shall be accompanied at all times by a member. The member may not leave

guests at the Swim Club unaccompanied.

D. A guest fee or pass is required of all non-members, regardless of age, who enter the

Swim Club, even if they do not use the pool.

E. Members between the ages of 12 and 18 may bring only one guest at a time to the

Swim Club.

F. No more than six (6) guests will be permitted per day, per membership. Groups of over

six (6) guests will need to fill out a party form in advance, per the party form instructions.

G. The Lifeguard and Board are authorized to deny admission to guests when the Swim

Club is at capacity.

H. Members may purchase non-refundable guest passes at a cost of $25.00 for ten (10)

passes. The Swim Club has the right to restrict the sale of guest passes for any reason.

Purchased guest passes MAY NOT carry over from one season to the next.

I. Daily guest fees are $5.00 per person per day when no guest pass is use.

J. Guests must register under the Swim Club member’s name and provide an address

during sign-in.

K. Guest passes are non-refundable.

L. The cost of any property damage caused by a guest at the Swim Club shall be charged

to the member.

11. LOST & FOUND:

A. Lost items will be stored, however, Swim Club is not responsible for property that is

left, lost, damaged or stolen in or on the grounds. All items in the Swim Club’s lost and

found will be donated to charity or discarded at the end of the Swim Club season.

12. USE OF FACILITIES: The Swim Club grounds, swim area, and pool are the private

property of Valley Forge Mountain Swim Club and intended for use by its members in good

standing. Persons using the facilities will be asked to identify themselves, so that names can be

checked against the membership roster. All persons who reside in the member’s household, and

who belong to the member’s immediate family are entitled to the rights of membership based on

what they have paid for.

13. VIZPIN/POOL ACCESS:

A. Each VFMSC member will be granted a VIZPIN code to gain entry to the pool.

VFMSC members are not permitted to share the VIZPIN code with any other person and

must notify the Board of any compromised VIZPIN code. The member is responsible for

any loss or damage caused by persons who have accessed the VFMSC property with a

member’s VIZPIN code.

B. The pool gate must remain locked at all times. Each member must lock the gate by

pulling the door closed behind them after entering/exiting the pool.