Devon Country Club, Inc.
Pool & Tennis Facilities Membership Agreement

The following Agreement (“Membership Agreement”) setting forth the terms and conditions of membership in the Devon Country Club, Inc. and use of the Pool & Tennis Facilities and the surrounding adjacent common areas, including the outdoor volleyball area and parking lot which is owned by Devon Country Club, Inc. (the “Pool & Tennis Facilities”) is hereby entered into by and between the individuals listed on the attached Membership Form and Devon Country Club, Inc.(“Club”).

Rules and Regulations. I have received a copy of the Rules and Regulations included herein for the Devon Country Club, Inc. Pool & Tennis Facilities. I agree that I and all persons using the Pool & Tennis Facilities through this membership are bound by and will comply with the rules and regulations of the Pool & Tennis Facilities as they may be amended or supplemented periodically. I understand that the Club may suspend or terminate this membership at any time for violation of the Rules and Regulations.

Membership. As a dues-paying member of the Club, I understand that I will have the privilege to use the Pool & Tennis Facilities in accordance with the terms and conditions contained in the Membership Agreement. I further understand and agree: (1) this membership in the Pool & Tennis Facilities is not transferable, and (2) all members using the Pool & Tennis Facilities under this Agreement reside at the same address specified in my application or are a guest accompanied by a member at this address. Non-household family members of the member must be accompanied by the member. I understand that for safety measures, I and my guests are covered by this Agreement and may be asked, while using Tennis & Pool Facilities, to confirm membership and to identify and confirm to which member said guest(s) is connected.

Waiver of Liability. In consideration of the membership privileges granted in the Membership Agreement, I hereby accept the Pool & Tennis Facilities and services “as is” and agree that all use of the Pool & Tennis Facilities and services is undertaken at my sole risk. I understand that the activities natural to the use of the Pool & Tennis Facilities involve an inherent risk and I hereby understand and agree that Devon Country Club, Inc. shall not be liable for any injuries or damage to my person or property, or that of my family or guests, arising out of the use of the Pool & Tennis Facilities or services, whether or not resulting from acts of active or passive negligence on the part of the Club, its officers, employees, or agents. Individually, and on behalf of my executors, administrators, successors, heirs and assigns, expressly forever release and discharge the Club, its successors, assigns, officers, agents and employees from all claims, demands, actions or causes of action and all damages related thereto, including any and all claims for attorneys’ fees and costs relating to any such injuries or damages. I further understand and agree that the Club shall not be responsible for any of my property, or the property of my family or guests, which may be lost or stolen at the Pool & Tennis Facilities.

Agreement. By signing the Membership Form below, I confirm that I have read and understand this Membership Agreement in its entirety. This Membership Agreement constitutes the full agreement between me and the Club. I further agree that this Membership Agreement and any action arising from any use of the Pool & Tennis Facilities pursuant to the rights granted in this Membership Agreement shall be governed by the laws of the State of Indiana.

Pool & Tennis Facilities Fees, Rules and Regulations

DEFINITION OF MEMBERS

The Pool & Tennis Facilities are “private use” facilities and are not available for use by the general public. Its use and membership is restricted to dues paying members and their guests only.

POOL AND TENNIS FACILITY FEES

The Club dues include membership fees to the Pool. Members not in good standing will be denied access.

Each residence completing the Membership Form will be provided with one (1) digital pass to all listed members on their membership for access to the Pool. Use of the Tennis Facilities outside of normal Club operating hours will require the annual purchase of a reusable gate access fob and separate use agreement for the Tennis Facilities. The fob for Tennis Facility access outside of normal Club operating hours is $20.

The cost to the resident to replace a lost/stolen access fob for the Tennis Facilities will be $25. Upon issuing a new access fob, a lost/stolen fob will be deactivated. Any damage to the Tennis Facility that occurs during a member’s use or permitted use by a guest of said member, to the Tennis Facility beyond normal wear and tear will be borne by the member at the Club’s discretion.

POOL & TENNIS SEASON AND HOURS

The Pool & Tennis Facilities will be open from Memorial Day weekend through Labor Day weekend. Pool & Tennis Facilities operating hours are posted on the Club’s website and are subject to change to accommodate the need for regular maintenance and repair.

1. The Pool may close if the outside temperature is not forecasted to reach 70 degrees.
2. Pool will close for 1 hour if lightening is present. All pool guests are required to exit the pool and deck area.
3. Pool will close for 30 minutes if thunder is heard. All guests are required to exit the pool.
4. Club does not offer any prorates, refunds or rebates on membership fees or guest passes due to inclement weather.

GENERAL POOL & TENNIS RULES

Use of the Pool & Tennis Facilities is restricted to paid Club members and their guests. The following rules and regulations are required by the Club’s liability insurance, applicable local code, and Police recommendations, and are established, in part, by the Board of Health, for the protection and benefit of all Club Members and their guests to assure safe and sanitary operation of the facilities.

The right to use the Pool & Tennis Facilities is contingent upon the Member being current on payment of dues and assessments and in compliance with Pool and Tennis Facilities rules. Members and their guests must follow the rules, use common sense, be courteous to their neighbor, and demonstrate proper behavior. Members and/or their guests who fail to comply with these rules will lose the privilege of using Pool & Tennis Facilities and their digital access cards and access fob will be deactivated.

The pool, pool house, tennis court, and surrounding areas are monitored 24/7 by security cameras for everyone’s safety and protection. Camera footage will be used for rule enforcement and trespassing prosecution if necessary.

There is a lifeguard on duty, however, the ultimate responsibility for Members falls on their safe use of the Pool and Tennis Facilities. The lifeguards are not childcare providers. During Club operating hours, Members and their guests must enter through the guard office up front to ensure proper and accurate headcounts of persons at the facility and better ensure the safety of all users. Members may not prop open other gates to allow access to Pool and Tennis Facilities.

1. Anyone under age 13 and non-swimmers MAY NOT enter the pool area alone. They must be accompanied by a responsible member adult (18 years or older) or designated caregiver at all times. Children who cannot swim 25 meters on their own must have a supervising adult within 10 meters of them at all times. Lifeguards may require children to demonstrate swimming ability in order to use the pool without a supervising adult within 10 meters.
2. The pool is for the enjoyment of all members and limited guests. Behavior that falls below expected standards will be addressed accordingly. The Club will not tolerate vandalism, misuse, destructive, discriminatory or overtly foul behavior of any kind.
3. Guests must be accompanied at all times by the member(s) listed on the Membership Form and cannot be let in and then left unaccompanied at the Pool & Tennis Facilities by the member. It is the member’s responsibility to ensure that all guests follow all rules. Children 13+ who are active members need not be accompanied by the adult member, however, they should be prepared to state under which Membership Form’s address and owner name their use of the Pool & Tennis Facilities is covered and present a digital pass or access fob.
4. Anyone entering the Pool area must enter using the digital pass assigned to his/her membership. Users of the Tennis Facilities must use their designated fob outside of normal opearating hours. Opening the Tennis Facility door/gate for anyone without an assigned fob is not allowed.
5. Glass containers and pets are forbidden on the Pool Deck & Tennis Facilities areas. Food is to be kept on the deck and pavilion area only and all trash is to be placed in the provided trash can. Beverages in appropriate non glass are permitted on the pool deck and outside perimeter of the pool ONLY.
6. No smoking is permitted even when a member/their guest(s) may be alone. The Pool & Tennis Facilities are a smoke-free environment. Smoking of cigarettes, ecigarettes, cigars, vaping/smokeless devices such as JUUL, is prohibited inside Pool & Tennis Facilities and is allowed only outside the parking lot of the Pool & Tennis Facilities.
7. Illicit drug use, including marijuana and huffing of vapors, is prohibited with violations reported to the police.
8. Music or audio of any kind is not allowed to be broadcast in Pool & Tennis Facilities in an overtly loud or disruptive manner to other members or guests. This is to ensure a pleasant experience for all Pool & Tennis Facilities users and nearby property owners.
9. Pool furniture is not permitted in the Pool.
10. Only garments specifically designed for swimming are allowed in the Pool. Street clothes not intended for swimming are prohibited in the Pool.
11. Persons with infectious diseases are prohibited from using the Pool and bathing facilities. Persons with considerable exposed sub epidermal tissue, open blisters, cuts, etc. are likely to become infected and are not allowed use of the Pool.
12. Persons who are ill or have had diarrhea within the last 2 weeks are not allowed in the water.
13. Diving, running, horseplay, and other activities that might be injurious to persons are prohibited.
14. Children who are NOT potty-trained must put on clean swimming diapers or tight-fitting rubber or plastic pants before entering the Pool. NO disposable diapers are allowed.
15. Diaper changing is NOT allowed Pool side. Do not allow young children to “rinse off” or be “dipped” in the Pool as part of diaper changing.
16. Toys and floating devices are allowed at the discretion of the Lifeguard on duty. Full face snorkel masks are prohibited for anyone under 18 years of age. Please be considerate of all Pool & Tennis Facilities users.
17. Use of Pool & Tennis Facilities is at each individual’s risk.
18. Jumping fences revokes all Pool & Tennis Facilities privileges. Entry is allowed only with a Member’s assigned digital pass or fob. Under no circumstances are pool or tennis gates to be propped open to allow entry other than the designated entry herein.
19. Before entering the Pool, take a cleansing shower in Pool house or shower at home.
20. No spitting, spouting of water or blowing the nose into the Pool.
21. Profanity and other obnoxious behavior is not permitted.
22. While Alcohol is permitted at the Club; We ask all guests to drink responsibly. Anyone who appears overly intoxicated may be asked to leave. Repeat violations may result in termination of membership.
23. Diving Boards:
    1. Only one person is permitted on the diving board at a time.
    2. Each diver must wait until the previous diver reaches a side wall before diving.
    3. Each diver must dive straight off the board, swim directly to the SIDE closest to the diving board, and exit the pool immediately.
    4. No floats, noodles or toys of any kind are permitted in the diving well.
    5. Young swimmers with vests may use diving boards if supervised by an adult or sitter/nanny.
    6. Lifeguards reserve the right to ask swimmers to stop using the diving boards at any time.
    7. NO free swimming is allowed in diving well.
    8. NO hanging on the rope or the walls is permitted in the diving well.
24. To protect the court surface, only athletic shoes are permitted on the Tennis court. Tennis players have priority use of the tennis courts. If the courts are being used for USTA matches, children 13 and younger are not allowed on the courts without a supervising adult, and the only permitted activity is tennis match play. If the courts are not in use, the courts may be used for wallball, tennis baseball, and similar activities provided it does not impede any tennis activity on a nearby court. Members and guests shall not hang on the nets or jump the nets..
25. You will be held responsible for intentional damage to the Pool & Tennis Facilities. Violators will be prosecuted where appropriate for acts of vandalism, theft or any other criminal behavior.

It is important that Pool & Tennis facility users report all violations, noting date and time of violation, to our Management Company. Illegal or dangerous activity should be reported immediately to the police at 911.