This Club Royal Pool Rental Agreement is being entered into between Dallas Swim Club Royal LLC (d/b/a Club Royal Pool), a Texas limited liability company together with all of its successors and assigns (collectively, the “Pool Company”) and the member listed below (the “member”), as of the date listed above, with respect to the member’s right to use the pool (the “pool” or “Club Royal Pool”).
Club Royal Pool is available for rental by members that have executed the 2024 Membership Agreement only.
1. The member contracting for rental for personal or private use is fully responsible for ensuring that the party or function is in good taste and meets the moral standards of the community and all rules and regulations set forth in the 2024 Membership Agreement and this Club Royal Pool Rental Agreement.
2. All requests for rentals are subject to the approval of the Board of Directors.
3. Upon approval by the Board, rental, and deposit fees shall be paid by check or through the website clubroyalpool.org in advance of the event. The rental fee shall not be refundable unless this contract is terminated by the Board prior to the occurrence of the applicable event. Notwithstanding the foregoing, the rental and deposit fees will be returned to the member contracting for rental if such member cancels the rental by email to [email protected] at least 14 days prior to the rental. The full deposit fee shall be refunded upon successful completion of the requirements of cleaning and leaving the facilities in an undamaged condition as specified in this agreement. All refunds will be made by check regardless of the method of payment for rental and deposits.
4. A member cannot contract to rent the Club Royal Pool for public meetings or money-making affairs. The Board of Directors may approve rental to a member for fundraising events for non-profit organizations. Such use must be approved in advance of the event.
5. Rental of the Club Royal Pool cannot interfere with scheduled or planned Club Royal Pool activities. The pool will remain open for other members' use during rentals.
6. If the Club is found to be used for any function other than listed in this agreement, the member contracting for rental under this agreement shall have all member privileges suspended indefinitely without refund of membership fees. The member contracting for rental shall forfeit the entire deposit amount together with all other amounts paid in connection with the rental.
7. The member contracting for rental shall be financially responsible for all damages to the Club Royal Pool, fixtures, and furniture occurring from such use. Repairs and any extra or unusual costs shall be the responsibility of the member contracting for rental.
8. The member contracting for rental shall be responsible for leaving the Club Royal Pool as clean as it was before rental, placing any items back in their proper places, and removing trash according to the attached “Check List for Leaving the Club Royal Pool in Original Condition.” Inspection of the Club Royal Pool shall be made by a board member or designee after each rental. The cleaning/damage deposit is $50, and will not be returned unless the attached checklist is complete.
9. Rental of the Club Royal Pool includes the use of the pavilion and picnic tables, pool, tables, chairs, umbrellas, refrigerator, and all fixed equipment which shall be cleaned, turned off, left undamaged, and returned to the proper location as required, provided, that such use shall not be exclusive unless the additional fees set forth below are paid.
10. Smoking is permitted. Cigarettes thrown into the landscaping or on the pool ground and/or parking lot will result in a $50.00 fee.
11. For youth parties ages 14 to 18, the adult-youth ratio shall be one adult chaperone for every ten youth. For children’s parties under age 14, the adult-child ratio shall be two adult chaperones for every ten children. Names of adult chaperones shall be listed on this contract. No alcohol shall be served to anyone under the age of twenty-one and the Member shall be fully liable for any distribution of alcohol at the Club Royal Pool and shall reimburse the Pool Company for any fines, fees, costs, penalties or other damages suffered by the Pool Company as a result of any distribution of alcohol. Member contracting for rental shall not permit any activities which are unlawful, or which violate any federal, state, or local law or regulation.
12. Decorations shall be installed in such a way as to prevent damage to any fixtures or structures. Water balloons are not allowed. Piñatas are not allowed.
13. The rental period shall not exceed 5 hours including set-up & clean-up time.
14. The member contracting for rental assumes full responsibility for the character, acts, and conduct of all persons admitted to the premises by the contracting member or their guests.
15. Live music or amplified music may not be played after 10 pm on Friday or Saturday – and not after 8 pm Sunday – Thursday.
16. I agree to observe and obey, and cause all of my guests to observe and obey, all posted rules and warnings, including those stated in this 2024 Membership Agreement, and further agree to follow any oral instructions or directions given by the Pool Company, or the employees, representatives or agents of the Pool Company.
17. I further certify that each member attending the event and each of my guests are good health and have no physical or other impediment which would endanger any of us while participating in the activities permitted at the pool. No one will be under the influence of drugs or alcohol, which would impair any of our ability. I acknowledge and agree this activity has inherent risks. I have full knowledge of the nature and extent of all the risks associated with this activity.
In consideration of our participation in this activity, I agree (on behalf of myself, my heirs, executors, administrators, and guests) to release, discharge, waive and relinquish the Pool Company and its officers, board members, agents, employees, owners, members, managers, successors and assigns from any and all liabilities, claims, or actions for personal injury, property damage, or wrongful death which may arise out of my participation.
My and my guests’ use of the pool facilities during my stay involves certain risks, including but not limited to:
1. The risk of injury resulting from possible malfunction of the pool equipment;
2. The risk of injuries resulting from tripping or falling over obstacles in the pool area;
3. The risk of injuries resulting from unsupervised divers and swimmers colliding;
4. The risk of other injuries resulting from participating in any action in the pool.
I recognize and fully understand, and have instructed my guests that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming.
18. In exchange for the Pool Company allowing me and my guests to utilize the pool and associated areas during my visit, I agree on behalf of myself and each of my guests to the additional conditions set forth below:
I agree to waive any and all claims that I have or may have in the future against the Pool Company and its officers, board members, agents, employees, owners, members, managers, successors and assigns relating to my use of the pool and the facilities of the Pool Company.
I agree to release the Pool Company and its officers, board members, agents, employees, owners, members, managers, successors and assigns from any and all liability for any loss, damage, injury, expense or other cost that we may suffer or that any Child or any guest may suffer in connection with our use of the pool or facilities to any cause whatsoever, including negligence or willful misconduct of any member or guest.
I agree to indemnify, defend and hold harmless the Pool Company and its officers, board members, agents, employees, owners, members, managers, successors and assigns against all claims, cause of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or the members’ or any of my guests’ use of or presence upon the facilities of the Pool Company.
These provisions are fully effective and shall be effective and binding upon me, my heirs, next of kin, executors and administrators or anyone else authorized to act on my behalf or on behalf of my estate.
19. Counterparts and Electronic Signatures. This Agreement may be executed in any manner of counterparts, all of which shall constitute in any number of counterparts, all of which shall constitute one and the same instrument, and any party hereto may execute this Agreement, by signing and delivering one or more counterparts. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
