STATE OF GEORGIA
COUNTY OF OCONEE
RECREATIONAL FACILITY USE AGREEMENT
This Agreement entered into by and between Summer Hill Recreation Club, Inc., hereinafter "Summer Hill"
and ______________________________, hereinafter, "User", and being as follows:
WHEREAS, Summer Hill is the owner and operator of two recreational properties, each of which include a
swimming pool and other facilities (“the Property”); and
WHEREAS, the Undersigned User desires to enjoy the beneficial use of the facilities and amenities located on
the property; and
WHEREAS, the Parties desire to specifically set forth their respective rights and duties in regard to the use of
the Property;
For and in consideration of the mutual promises and covenants contained herein,
IT IS HEREBY Agreed as follows:
FACILITIES AVAILABLE AND TERM OF AGREEMENT
Summer Hill shall provide the facilities and amenities at each property described in Exhibit A for the use and
enjoyment of User for a term of one (1) year from the date of this Agreement, subject to the conditions set forth herein.
User, upon application, chooses either Plan 1 (Year Around) , Plan 2 (6 months: Spring- Summer; April 1 through
September 30), Plan 3 (6 months: Winter-Spring; October 1 through March 31), or Plan 4 (Memorial Day to Labor Day).
RULES AND REGULATIONS
User shall abide by the Rules and Regulations promulgated by Summer Hill. User acknowledges receiving a
copy of the Rules and Regulations by signing this Agreement. It is specifically understood by User that Summer Hill may
alter or amend these Rules and Regulations at its discretion, to enhance the safety and/or maintenance of the Facilities, or
to promote the general welfare of User and all other persons using and enjoying the Facilities described herein. Summer
Hill shall deliver any such changes to User and shall post the same at the Facilities.
MINOR CHILDREN
User acknowledges the minor children named below will use the Facilities. When the minor children use the
Facilities, the children will at all times be supervised by User or another adult designated by User and approved by
Summer Hill. User’s minor children are described below:
Name Birth Date
_____________________________________ ______________________
_____________________________________ ______________________
_____________________________________ ______________________
_____________________________________ ______________________
List babysitter(s) here:________________________________________
LIFEGUARDS
Summer Hill may elect, in its discretion, to retain the services of lifeguards or other safety or security personnel
for the Facilities. Whether or not lifeguards or other security or safety personnel are on duty, User is obligated to
supervise his/her minor children and is responsible for their conduct and safety. User agrees and acknowledges that
Summer Hill has no duty to provide a lifeguard. The policy is “Swim at Your Own Risk” and the absence of a lifeguard
shall not be deemed as negligence nor be attributable to Summer Hill as negligence.
HOLD HARMLESS
User agrees that use of the Facilities by User, User’s minor children, and User’s guests shall be undertaken at
the User’s own risk and that Summer Hill and/or affiliated entities and/or their respective agents and employees shall not
be liable for any claims, demands, injuries, damages, actions or causes of action which arise due to the negligence of User,
User’s children, or other Users or their minor children arising out of or connected with the use of any of the services
and/or Facilities of Summer Hill and the User does hereby expressly forever release and discharge Summer Hill and any
affiliated entities and their respective agents and employees, from all such claims, demands, injuries, damages, actions or
causes of action.
User hereby indemnifies and holds Summer Hill harmless from any claim, demand, injury, damage, action or
cause of action arising out of the negligence of User, User’s minor children, or User’s guests which results in damage or
injury to the Facilities or to any other User of the Facilities.
PARKING
User shall park in the parking lot provided by Summer Hill. User shall not park parallel to the curb on the
street where facility is located. User’s privileges shall be suspended or revoked if User parks on the street.
WEATHER INFORMATION AND POOL CLOSING
On heavily overcast days, the outdoor pool will not open until the temperature is at least 70 degrees. On rainy
days, if the pool is not opened at the regular time due to rain, attempts will be made to open at 2 hour intervals on the
even hours (12 noon, 2 p.m., etc.).
The pool manager reserves the right to temporarily close the pool to protect the health and safety of the
members due to unexpected equipment failure, water quality control problems, weather, or other factors which affect the
safe operation of the pool. In the case of a fecal accident, the pool will be closed for a period of eight (8) hours .
Maintenance Closings: The Twelve Oaks Facility is closed at 6 p.m. on Mondays until noon on Tuesdays. The Chestnut
Hill Facility pools are closed at 6 p.m. on Wednesdays until noon on Thursdays. The other areas of the Chestnut Hill
Facility will be open at 7 a.m. on Thursdays.
The Twelve Oaks Facility opens for operation each year on the Saturday before Memorial Day and closes the day after
Labor Day.
Holiday Closings for the Chestnut Hill Facility: The pool will be closed on Thanksgiving Day and from December 24
through January 1 of each year.
The Banquet Room of the Chestnut Hill Facility can be reserved for private parties on Wednesday nights after 6 p.m.
upon request for a charge.
SUSPENSION AND REVOCATION OF RIGHTS AND PRIVILEGES
User agrees to abide by all of the Rules and Regulations described in Exhibit B, and upon failure to do so,
Summer Hill shall have the right to suspend or revoke any privileges of User and/or User’s children to use the Facilities.
This Agreement shall constitute a license and upon suspension or revocation of same, User shall have no right to
use the Facilities or come on the premises during the term of any suspension or revocation. In the event User comes on to
the premises or uses the Facilities during such period of suspension or after revocation, such act shall constitute criminal
trespass. User agrees and acknowledges in the event of such trespass he may be removed from the Facilities without
further notice.
In the event Summer Hill elects to revoke the privileges and rights of User, then this Agreement shall be
terminated and User shall receive a refund of 100.00 except that if User or User’s minor children’s privileges or rights are
suspended for a period of no longer than one (1) month, User shall not be entitled to any refund or other compensation
for loss of use of the Facilities.
PAYMENT TO SUMMER HILL
As consideration for the use and enjoyment of facilities described herein for the term described herein, Summer
Hill shall be paid according to the following schedule upon execution of this Agreement:
$75 per person ($300 maximum fee) one time non-refundable application fee applies to all plans
Initial Check box below
1. Year-around Membership $1200 per year for four or more ($300/quarter)
(Billed quarterly) $1050 per year for three ($262.50/quarter)
$900 per year for two ($225/quareter)
$750 per year for one ($187.50/quarter)
2. 6 months-Spring to Summer $650 yearly fee per family
(April 1 through September 30)
Extended Tennis Time (October 1- March 31) $75 yearly fee per family
(Billed one-time not quarterly)
3. 6 months- Winter to Spring $650 yearly fee per family
(October1 through March 31)
Extended Tennis Time (April 1-September 30) $75 yearly fee per family
(Billed one-time not quarterly)
4. Memorial Day to Labor Day $500 yearly fee per family
(Billed one-time not quarterly)
Extended Tennis Time (Labor Day to Memorial Day) $100 yearly fee per family
Payment Deadline
All payments are due by the first day of the first month of the quarter.
A 10% late fee will be assessed if the payment is not received by the
fifteenth (15) day of the first month.
RENEWAL
User may renew this contract annually by paying in advance to Summer Hill the current fee for the year in
which such renewal is made. Such renewal must be made within the (30) days prior to the start date specified
above. Summer Hill reserves the right not to renew this agreement to any User whose rights or privileges
have been suspended or revoked in the previous year. Summer Hill reserves the right to set the yearly fee
each year. Such fees shall be posted on the Summer Hill web site www.summerhillrecreation.com. If User
chooses not to renew one year and then reapplies in another year, another $300 application will have to
accompany a new application.
PROPERTY DAMAGE
The cost of any property damage to the Facilities or any furniture or fixtures provided by Summer H
ill will be charged to the responsible User. The club will not be responsible for loss or damage to personal
property of User, User’s minor children, or User’s guests. It is suggested that contacts not be worn.
SWIM TEAM USE OF POOL
The Facilities will be temporarily unavailable to User and User’s minor children during scheduled swim
team practices and meets. Pool hours or operation and swim team practice and meet schedules are posted
at the pool and/or the pool web site (www.summerhillrecreation.com). District and state swim meet practice
schedules are posted one week in advance at the pool.
RECREATIONAL FACILITY USE AGREEMENT
EXHIBIT A
FACILITIES AVAILABLE
The facility located at Twelve Oaks has the following amenities:
Swimming Pool Playground
Showers Parking lot
Hot Tub Tennis Courts
Kiddie Pool
The aforementioned facility is open from Memorial Day to Labor Day (with the exception of the two tennis courts which
are open year-around).
The facility located on Chestnut Hill Road has the following amenities:
Outdoor Swimming Pool Exercise Room
2 Hot Tubs Meeting Room
Kiddie Pool Showers
Indoor Lap Pool Parking lot
Lockers
See Summer Hill Recreational Facility Use Agreement for use of these facilities and rules.
This Exhibit is to be made a part of Summer Hill Recreational Facility Use Agreement.
RECREATIONAL FACILITY USE AGREEMENT
EXHIBIT B
POOL REGULATIONS
All persons using Summer Hill Recreation Club will observe the following rules and regulations. Please read them
carefully. They will be strictly enforced.
1. Pool hours shall be: Twelve Oaks Facility
10 a.m. until 6 p.m. Monday
12 noon until 9 p.m. Tuesday
10 a.m. until 9 p.m. Wednesday - Saturday
1 p.m. until 9 p.m. on Sunday
Chestnut Hill Facility
Outdoor Pool (Open April 1 – September 30)
Monday, Tuesday, Friday, Saturday 10 a.m. until 9 p.m. (May 22- September 30)
Monday through Thursday 10 a.m. until 6 p.m. (April 1 – May 21)
Wednesday 10 a.m. until 6 p.m.
Thursday 12 p.m. until 9 p.m.
Sunday 1 p.m. until 9 p.m.
Indoor Pool
(April 1 – September 30)
Sunday 1 p.m. until 9 p.m.
Monday and Friday 6 a.m. until 9 p.m.
Tuesday and Thursday 7 a.m. until 9 p.m.
Wednesday 6a.m. until 6 p.m.
Saturday 10 a.m. until 9 p.m.
(October 1- March 31)
Sunday 1 p.m. until 6 p.m.
Monday and Friday 6 a.m. until 8 p.m.
Tuesday and Thursday 7 a.m. until 8 p.m.
Wednesday 6a.m. until 6 p.m.
Saturday 10 a.m. until 8 p.m.
*Exercise Room follows the indoor pool hours.
2. Swimming at all times will be at your own risk.
3. If your child cannot swim, they must wear an approved lifesaving device such as a life jacket. Noodles, kick boards,
etc. are not acceptable.
4. Public Health Standards require each person to shower before entering the pool. Please wash feet before entering
pool from the play and picnic areas.
5. No pets inside the pool gate.
6. No alcoholic beverages are allowed.
7. No child 13 or under will be admitted without an adult. No Exceptions!
8. No glass containers allowed inside pool area.
9. No disposable diapers in the pool except swimmer diapers.
10. Do not hang or sit on lap lane rope.
11. No food permitted within (10) ten feet of the pool or spa.
12. No smoking inside the pool facility.
13. The lifeguard is authorized to clear the pool at any time by blowing the whistle. Those children repeatedly ignoring
the lifeguard's instruction and any pool rules will be asked to leave the swimming area.
14. No swimming is allowed during heavy rain or when thunder and lightning can be seen or heard. Swimming cannot
resume until no thunder has been heard for at least 15 minutes.
15. Hot tub is for 18 years old and older only. With parental supervision, exercise room can be used by 15 to 18 years of
age. Exercise room can be used by 18 years old and older without parental supervision.
16. Tubes, floats and balls are not permitted in the diving area of pool. Floats are not allowed in pool during heavy
swim load. Floats and balls will be allowed only at the discretion of the lifeguards. Lifeguards will monitor this. When
diving is in progress from the diving board, swimming is not allowed in the diving area. Only one on the diving board at
any time. Dive only from end of diving board when using board. Do not dive until area under board is clear, and swim
directly to ladder after diving.
17. No running, dunking or other dangerous horseplay allowed in pool (including chicken fighting)..
18. Guests will be allowed on a limited basis. Each family may have 10 guests. Families of 5 or more may have 2
additional guests. Only adult members can sign in guests. Guest brought over 10 will be $5 per guest. Guest
restrictions are for the protection of club members and are applicable at all times. The same guest cannot be brought
more than once in a two week period. The exception is out of town guests. The bringing of an unqualified guest to club
premises to swim is a basis for a fine of $25.00 and/or suspension of the member. The member is responsible for all of
his or her guests, their actions, conduct, and adherence to all of the rules.
19. There will be a 15 minute rest period every hour at the outdoor pool. It will begin on each hour. This time is for
adults to swim and lifeguards to rest.
20. Members should drive slowly and carefully in the parking area.
21. Children using the wading pool must be 6 years old or under and must be with a parent or baby-sitter.
22. A non-member may accompany a member child as a baby-sitter. A completed permission slip provided by Summer
Hill Recreation Club must first be completed by the adult member. The babysitter must sign in. The pool management
reserves the right to deny access to the pool to baby-sitters who are not assisting the guards in the supervision of their
children.
23. The pool phone is intended for important calls only and for conducting pool business. It is not available for social
calls to friends. A one minute limit will be enforced for those using the phone.
24. Adults have priority in use of pool chairs.
25. It is very important to sign the registration book every time (day or night) that you come to the pool. We must have
accurate numbers to adjust chlorine levels.
26. Help keep Summer Hill clean and beautiful by using trash cans and remember to put your chairs away and take all
your personal belongings home. Absolutely no CHEWING GUM will be allowed in the pool area. No BOBBY PINS or
HAIR PINS or CURLERS of any sort will be allowed to be worn in the pool. No hard balls, such as baseballs, softballs
or golf balls are permitted in the pool area. No water guns allowed.
27. When child reaches the age of 21, he or she cannot be carried under parents' membership.
28. In order for members to gain use of the kitchen for any reason, they must consult a staff member and get approval.
29. Do not throw pennies or other small objects into the pool. Small objects could clog the filters.
30. Pool rules apply at all times and are for your safety and protection.
ENTIRE AGREEMENT
This Agreement including Exhibits A & B constitutes the sole and entire Agreement between the
parties hereto and no modification of this Agreement shall be binding unless signed by all parties to this
Agreement. No representation, promise, or inducement not included in this Agreement shall be binding
upon any party hereto.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and affixed their seals, this the
__________ day of ____________________, 2009.
SUMMER HILL RECREATION CLUB, INC. USER:
BY: ___________________________________ __________________________________
Summer Hill Representative Signature
_____________________________________
Printed Name
______________________________________
Street Address
______________________________________
City, State, Zip
______________________________________
Telephone Number
______________________________________
Email Address