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OAH Controlled Access Policy & Forms

In accordance with the bylaws of the Owners Association of Harmony, a membership card or other mechanism may be issued to provide access to Harmony amenities. The Corporation may, but shall not be obligated to, impose, and collect fees from persons who are not Members but who enjoy the use of certain of the OAH Amenities or services provided by the Corporation.

The following General Requirements will apply to ALL those who request OAH access cards/mobile credentials.

A copy of the land title and driver's license must be shown to establish proof of residence at time of issue:

• OAH fees must be paid up to date;
• Either OAH controlled access cards OR mobile credentials will be issued, but not both;
• Each additional cardholder applicant who is 16 years of age or older must provide government-issued photo identification to establish proof of residence;
• All applicants must fill out the Controlled Access Application Form as completely as possible, digitally sign it, and submit it electronically. (You may also download the form and submit via email, or print and mail it, as necessary.) Once submitted, you have entered into an agreement to follow all OAH Rules and Regulations;
• Guest allowance will be limited to 5 total guests, per address, per day due to the growing population of the community and the limited real estate at the beach;
• Members can “book” larger groups, provided paperwork and timing provisions allow;
• Additional OAH access cards/mobile credentials must be renewed annually, on July 1 of each calendar year (OAH fiscal year-start), for the annual fee of $50.00 + GST each (for a grandparent of a resident, this will be a one-time fee and not an annual fee);
• If replacement is required, proof of residence must be re-established (as outlined above) and OAH member access cards/mobile credentials will then be re-issued for a cost of $50.00 + GST each;
• All OAH access cards/mobile credentials remain the property of the Owners Association of Harmony, which may require such access cards/mobile credentials to be returned and access denied if that person, or anyone for whom that person is responsible, breaches the OAH Rules and Regulations.

hereby apply for OAH access for myself/my partner/my unmarried children over 12 years of age/my parents.

I agree to abide by the current OAH Rules and Regulations, as posted on the OAH website, https://harmonyowners.com/important-documents-for-residents (as same may be amended from time to time.)

I understand that OAH access cards/mobile credentials remain the property of the Owners Association of Harmony and that I may be asked to return them and be denied access if the current OAH Rules and Regulations are breached by myself or by any other access holders as noted herein, or by their guests or invitees.

I understand that if replacement is required, proof of Harmony residence and OAH access cards/mobile credentials will be re-issued for a cost of $50.00 + GST each.

I also agree to read and sign and have all others (who are not minors) with OAH access from this Harmony address, read and sign the attached OAH Release and Waiver of Liability Form.

Additional OAH Access

Additional OAH access cards/mobile credentials may be purchased for residents/tenants/co-owners/unmarried children over 12 years of age/parents (“Other Access Holders”) for an annual fee of $50.00 + GST each. This fee must be submitted with this application and is non-refundable once the application is approved.

• The registered owner/designated member must complete this form in its entirety, or we must have a copy of their completed form on file.
• Additional OAH access cards/mobile credentials will not be issued to other Harmony residents at the same Harmony address (i.e., tenants) in situations where the owner has been issued OAH access but does not reside at the Harmony address.
• The registered owner must agree to take full responsibility for the actions of the additional holder(s) of OAH access cards/mobile credentials.
• The registered owner is required to notify the lake office when the additional access holder(s) leave(s) the owners residence.
• Each additional cardholder applicant who is 16 years of age or older must provide government-issued photo identification to establish proof of residence.
• Additional access applicants must sign this application and the OAH Release and Waiver of Liability Form and agree to abide by the current OAH Rules and Regulations, as posted on the OAH website, https://harmonyowners.com/important-documents-for-residents (as same may be amended from time to time.)

Annual Renewal

• I/we understand that additional OAH access cards/mobile credentials must be renewed annually, on July 1 of each year, for the annual fee of $50.00 + GST each (with the only exception being for a grandparent of a resident, which will be a one-time fee and not an annual fee.)
• I/we understand that if replacement is required, proof of residence and OAH access cards/mobile credentials will be re-issued for a cost of $50.00 + GST each.
• I/we also agree to read and re-sign the OAH Release and Waiver of Liability Form.

All applications are subject to the approval of the Owners Association of Harmony.

Attention: All Owners, Vendors, Providers and Participants within the community of Harmony

Reference: Release, Waiver of Liability, Assumption of Risks and Waiver of Right to Sue, and Indemnity Agreement

WARNING: IN THIS AGREEMENT YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY.

TO: HARMONY DEVELOPMENTS INC., OWNERS ASSOCIATION OF HARMONY, HARMONY ADVANCED WATER SYSTEMS CORPORATION, and each of their respective affiliates, shareholders, directors, officers, employees, volunteers, contractors, agents, representatives, insurers, and assigns (collectively, the “Releasees”).

This Agreement shall apply to all activities (collectively, the “Activities) engaged in by me and any of my family and guests (whether participation is active or as an observer) or engaged in by others that have an impact upon me, my family and/or my guests, which activities have been arranged or permitted by any of the Releasees and which may be upon property owned, controlled or managed by any of the Releasees, including, but not limited to, swimming, scuba diving, stand-up paddle boarding, use of non-motorized boats such as kayaks and canoes, use of scooters, skating, bicycling, skateboarding, walking, running and climbing.

IN CONSIDERATION OF ONE OR MORE OF THE RELEASEES ALLOWING ME AND/OR MY FAMILY AND/OR GUESTS TO ENGAGE IN THE ACTIVITIES AND/OR PERMITTING USE OF THEIR EQUIPMENT OR USE OF OR PRESENCE UPON THEIR PROPERTY, I HEREBY MAKE THE FOLLOWING AGREEMENTS AND REPRESENTATIONS:

1. I am aware that there may be significant and serious risks, dangers and hazards (known and unknown) associated with being engaged in or nearby Activities (examples of which are set forth in the Schedule attached and include, but are not limited to, drowning, slipping, falling or collisions, resulting in possible death, injury, illness, property damage, economic or other losses and expenses). I am also aware that I have the choice to not participate in any of the Activities or to be upon the property of the Releasees and to instruct my minor children not to participate in any of the Activities or to be upon the property of the Releasees. ON BEHALF OF MYSELF AND ANY MINORS NOTED BELOW, I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF DEATH, INJURY, ILLNESS, PROPERTY DAMAGE AND ECONOMIC AND OTHER LOSSES ASSOCIATED WITH THE ACTIVITIES OR USE OF THE EQUIPMENT OR USING OR BEING ON THE PROPERTY OF ANY OF THE RELEASEES, NOW OR IN THE FUTURE, EVEN IF CAUSED BY THE NEGLIGENCE OR ACTS OR OMISSIONS OF OTHER PERSONS (INCLUDING ANY OF THE RELEASEES).
2. I FULLY WAIVE AND RELEASE EACH OF THE RELEASEES FROM ANY AND ALL LIABILITY, claims (including claims for contribution or indemnity), demands, actions, causes of action, complaints and rights that I may now or hereafter have or assert against any of the Releasees, whether at law or in equity, whether arising under statute or otherwise, and whether arising as a result of negligence or gross negligence or breach of contract or breach of any statutory other duty of care owing under any occupiers liability legislation or otherwise on the part of any of the Releasees or otherwise in any way relating to, arising in connection with or resulting from, directly or indirectly, my participation in the Activities or use of the equipment or property of any of the Releasees or being on the property owned, controlled or managed by any of the Releasees, now or in the future, (collectively the “Losses”), including claims due to death, injury, illness, property damage, damages, losses, expenses, costs, and legal costs that I may have suffered or incurred whether before, during or after participating in the Activities, no matter how the Losses occurred or who caused the Losses. I AGREE TO NOT SUE OR TO MAKE ANY CLAIM AGAINST ANY OF THE RELEASEES, AND I FOREVER RELEASE AND DISCHARGE THE RELEASEES FROM ANY LIABILITY FOR LOSSES, EVEN IF CAUSED BY THE NEGLIGENCE OR ACTS OR OMISSIONS OF OTHER PERSONS (INCLUDING ANY OF THE RELEASEES).
3. I HEREBY INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGEMENTS, SETTLEMENTS, INTEREST, AWARDS, COSTS (INCLUDING LEGAL COSTS ON A SOLICITOR AND CLIENT FULL INDEMNIFICATION BASIS), EXPENSES, PENALTIES, OR FINES OF WHATEVER KIND ALLEGED OR BROUGHT AGAINST ANY OF THE RELEASEES, arising in connection with claims by, or death, injury, illness, property damage, losses, expenses, costs or expenses suffered or incurred by:
   1. third parties resulting from any Activities engaged in by me or any of my family and guests; and/or

   2. any of my family or guests who engaged in any Activities or who were upon any of the property owned, controlled, or managed by any of the Releasees.

4. I represent that neither I, nor any of the minors noted below, have any physical or medical conditions which could interfere with safely participating in the Activities. I acknowledge that I have been advised that it is a requirement by law to wear a properly fitted approved life jacket at all times while in or on a body of water such as a lake.
5. I accept full responsibility for the proper use and care of the equipment and property of the Releasees, and expressly agree to pay for any damage or loss which may occur during my or my family’s or guests’ use of the equipment or property of the Releasees.
6. This document shall be interpreted in accordance with the laws of the province of Alberta and any other laws applicable in the province of Alberta. Any claim or cause of action arising in connection with any Activities or the use of equipment or property or the presence upon property owned, controlled or managed by any of the Releasees shall only be brought in the courts of the province of Alberta, and I consent to the exclusive jurisdiction of such courts. I agree that if any provision of this Agreement is held to be unenforceable, the part so unenforceable shall be severed from the remainder of this Agreement which shall remain in full force and effect.
7. This Agreement constitutes the whole agreement between me and the Releasees with respect to the matters contained in this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such matters. This Agreement shall apply to all Activities, now or hereafter, engaged in by me, my family and/or guests and to my, my family and/or guests’ presence upon or use of the property of any of the Releasees.  In entering into this Agreement, I hereby state that I AM NOT RELYING ON ANY WRITTEN OR ORAL REPRESENTATIONS OR STATEMENTS MADE BY ANY OF THE RELEASEES (which by definition includes any of their employees or representatives) with respect to the terms of this Agreement or the safety of the Activities, or use of the equipment or property of the Releasees except as to what is set forth in this Agreement.

I CONFIRM THAT I FULLY UNDERSTAND AND VOLUNTARILY AGREE TO THE TERMS SET OUT IN THIS AGREEMENT AND THAT I SIGN IT VOLUNTARILY AFTER HAVING READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT. I UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME, MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS AND I AM AWARE THAT BY EXECUTING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS MAY HAVE AGAINST THE RELEASEES, INCLUDING MY RIGHT TO SUE OR CLAIM COMPENSATION FROM ANY OF THE RELEASEES.

SCHEDULE

Examples of Risks Associated with Activities

Lake Use:  drowning; falls or slips while disembarking from the stand-up paddle board or non-motorized boat; overturning of the stand-up paddle board or non-motorized boat; loss of balance while in or on the stand-up paddle board or non-motorized boat; slipping or falling from the stand-up paddle board, or non-motorized boat; collisions with other non-motorized boats, boards, individuals or natural terrain; toxicity or poor quality of water; equipment failure; falls or slips on or off docks or natural terrain; falls from floating structures; hypothermia due to exposure to cold water; air expansion injuries and decompression sickness while scuba diving; inclement weather conditions; and negligence of other persons.

Play Structures and Pathway System: falls or slips due to uneven terrain or water or ice or debris; falls from play structures, bicycles, scooters or skateboards; collisions with using play structures or other items or others while playing, bicycling, walking, running, skateboarding or using a scooter.

Adventure Park Use: slips or falls while climbing; falls, slips or collisions while skating, skateboarding, or playing; head injury due to failure to use a proper helmet (use of helmets being acknowledged as a recommend practice).

Sincerely,
Owners Association of Harmony