OAH Controlled Access Form
Rev. August 4, 2024

Please note that this is a long notice which contains important and necessary information, along with a form which you must fill out completely and Submit.

Who should fill out the form?

• The first person on the Certificate of Title for a lot in Harmony. If you are not that person, and if you would like access to the amenities in Harmony, you should contact that person to fill out this form.

What is this about?

• The Owners Association of Harmony (OAH) is owned by all property owners in Harmony, and is governed by a set of bylaws and a board of directors.
• The OAH bylaws state that access cards or mobile credentials may be implemented to provide access to Harmony amenities and that the OAH is entitled to impose and collect fees from persons who wish to enjoy the use of certain amenities or services provided by the OAH.
• Controlled Access is necessary to enhance the experience of those who reside in the community and to mitigate risk and liability.
• Controlled Access will benefit all members in good standing and the Harmony community at large.
• The OAH requires information from each Harmony property to grant residents access cards/mobile credentials to gain access to the Harmony amenities. This is being done for both legal and safety reasons, and for your convenience.

When should this done?

• The following form should be filled out and submitted as soon as possible to secure your Controlled Access Cards/Mobile Credentials.

Where do I get my Controlled Access Cards/Mobile Credentials?

• You will be contacted via email with instructions to either download the Mobile Credentials to your phone, or where to pick up your Controlled Access Cards from the South Beach Building.

Why should I care? I don’t access the amenities.

• This new system to control access to the OAH amenities will eventually be used for all OAH communications and fee payments.

Section 5: Rules and Regulations

I/We the undersigned, herby apply for OAH access cards/mobile credentials. I/we agree to abide by the current OAH Rules and Regulations, as posted on the OAH website, https://harmonyowners.com/important-documents-for-residents.

I/We understand that OAH access cards/mobile credentials remain the property of the Owners Association of Harmony, who may require such OAH access cards/mobile credentials to be returned to the OAH and that access will be denied if the holder breaches the current OAH Rules and Regulations.

I/we also agree to read and sign the OAH Release and Waiver of Liability Form.

Section 6: Release, Waiver of Liability, Assumption of Risks and Waiver of Right to Sue, and Indemnity Agreement

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

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.

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).

Section 7: Fire Pit Waiver Form

A community fire pit has been installed on OAH property next to the Pond for the enjoyment of OAH members (in good standing) and their guests.

• Those using the fire pit are required to fill out, sign and submit the Fire Pit Waiver prior to using the amenity.
• Users are also required to clean up the fire pit and surrounding area after each use so that no debris or waste of any kind remains.
• In cases where residents, visitors, guests, or renters fail to clean up after themselves, the sponsoring homeowners are responsible for that clean-up.
• You are responsible for any fire, smoke, or odours created from open burning, and for any damage that may result from your fire.

Use of the fire pit amenity will be prohibited at times when municipal fire bans are in place.

General Guidelines for Use:

• Use of the fire pit is restricted to OAH members and guests;
• Activities at the fire pit are required to be supervised by an adult (18+);
• Every person who builds, ignites or allows a fire must ensure that the fire is not left unsupervised at any time;
• Activities are in keeping with a family friendly oriented space;
• Please be courteous of your neighbours and refrain from excessive noise and coarse language while on the premises;
• Only non-alcoholic beverages are permitted within the fire pit area;
• Users are required to bring their own fire wood;
• Users are required to take reasonable precautions to ensure that smoke, embers or other airborne matter does not impact surrounding neighbors or man-made structures;
• Only clean dry firewood may be burned; no treated or painted lumber, lumber containing glue or resin, wet or unseasoned wood, yard waste, garbage, rubber or plastic;
• Fire must be contained within the defined borders of the fire pit and flames may not exceed one metre in height;
• The fire pit must be covered at all times with a non-combustible mesh screen with openings no greater than 1.24 cm across.
• Please bring a means of extinguishing the fire with you; such as a pail
• Fire pits may not be used between 9:00 PM and 10:00AM; and
• After use, the fire must be completely extinguished, the area cleaned of debris and all personal items removed from the fire pit area.
• I/we acknowledge that the OAH and its employees may inspect all containers, bags, coolers, etc. and may request a member to leave the Fire Pit for infractions to the Regulations and Guidelines.
• I/we acknowledge that the OAH and its employees have the right to suspend access to the OAH managed private facilities and amenities of the community for non-compliance with any Regulations or Guidelines of the OAH.
• I/we acknowledge receipt of and agree to adhere to the Fire Pit Use regulations provided with the fire pit waiver. Failure to comply with these requirements may result in suspended access to OAH managed private facilities and amenities of the community.
• I/we realize that when using the Owners Association of Harmony fire pit, serious physical injury and personal property damage may accidentally occur.
• Knowing the risks, I/we agree to assume those risks and agree to release, hold harmless and indemnify the Owners Association of Harmony (OAH) and Harmony Developments Inc. and any officer or member thereof, from any and all legal responsibility for injuries or accidents incurred by myself or my guests during, or as a result of, using the fire pit.

Thank you for your time and attention to this matter.
Sincerely,
Owners Association of Harmony