ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH POOL USE RELEASE AND INDEMNIFICATION AGREEMENT
I request the right to use the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH swimming pool despite recent concerns regarding the COVID-19 Pandemic. In exchange, I agree to the following terms and conditions:
I understand and acknowledge that use of the swimming pool presents inherent risks of harm for the user, including but not limited to bodily injury, sickness, disease, and death. I understand that, while the Association will take efforts to sanitize and/or disinfect certain areas, there is a risk of contracting the virus that causes COVID-19 with use of the swimming pool. I understand that the use of the swimming pool by me and my family members is done with full knowledge and disclosure of the risks and dangers associated with such use. I agree to comply (and shall cause my family members to comply) with the Association’s rules, regulations, guidelines, policies, and restrictions and any local or federal guidance or rules governing my use and my family members’ use of the pool facilities. I certify that I and my family members have no symptoms associated with COVID-19 and no reason to believe that I or my family members have been in contact with someone who has COVID-19.
On behalf of myself and my family members, heirs, personal representatives, successors and assigns, I release and discharge the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH, and its board, officers, agents, employees, insurers, and their successors and assigns from all disputes, claims, actions, liabilities, injuries and damages of whatsoever nature, related to, resulting from, or in any way connected to the use of the swimming pool by me or my family members, including contraction of COVID-19 by me or my family members.
I will assume the cost of defense, including attorney’s fees, and defend the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH and its board, officers, agents, employees, insurers and their successors, and assigns, against any and all disputes, claims, actions, liabilities, injuries and damages of whatsoever nature, related to, resulting from, or in any way connected to the use of the swimming pool by me or my family members, including any claims related to the spread of COVID-19 at the Project caused by the use of the pool facilities by me or my family members and any citations issued to the ASSOCIATION OF APARTMENT OWNERS OF THE KAHALA BEACH by the State of Hawaii or the City and County of Honolulu officials due to my use or my family members’ use of the swimming pool.
If I fail to comply with any of the above agreements, I will reimburse the Association for all fees and costs incurred in enforcing those agreements, including attorney’s fees.
I acknowledge that this agreement expresses the entire agreement between me and the Association and that neither the Association nor anyone representing the Association is authorized to waive anything stated in this agreement or to change its terms.
Temporary Kahala Beach Apartments pool rules, June 2020, modified for social distancing during Covid-19 Pandemic. Standard pool rules are still in effect.
- Residents must NOT swim if they have any symptoms or exposure risks as listed by the CDC Guidelines.
- Individuals using the pool must comply with social distancing (6 feet separation to the greatest extent reasonable and practical) as mandated by the State of Hawaii DOH.
- All swimmers must be Kahala Beach AOAO residents. No guests.
- The pool is open for swimming seven days a week from 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 6 p.m. by individual unit. One apartment unit limited to one pool time slot per day (maximum 6 swimmers). Names of all residents must be on the electronic sign-up sheet with unit number.
- Appointments are hourly, restricted to 50-minute time slots to allow a 10-minute window for change over between pool reservation times.
- Booking privileges will be revoked from any individuals who fail to show up to their appointment without first canceling their appointment or fail to comply with pool rules. Pool times cannot be transferred or divided between units.
- Booking and pool use privileges will be denied to anyone who fails to identify themselves and their unit number when requested to do so by a Security Officer or any Association board or staff member.
- There will be no Association furniture in the pool area. Pool users may bring their own chairs and are required to remove them and all other belongings after swimming.
- Beach access remains available to all residents through the pool area.
SIGN UP FOR POOL USE BY ENTERING THE NAMES OF ALL SWIMMERS (MAXIMUM 6 PER SESSION) AND APARTMENT NUMBER ON THE ELECTRONIC SIGN-UP SHEET. FIRST APPOINTMENT IS AT 9:00 A.M., LAST APPOINTMENT IS AT 5:00 P.M.
POOL IS CLOSED FOR LUNCH FROM 1 P.M. TO 2 P.M.
POOL SIGN-UP ADDRESS: https://kahalabeachapts.com/kahala-pool-time-slot-reservations/