SHANNAMARA HOMEOWNERS ASSOCIATION Clubhouse/Pool Rental Agreement

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1 REQUIRED PAYMENTS: Reservations: Reservations shall be placed by calling Braesael Management at Your application and rental fee check must be submitted within three (3) business days as the rental fee secures your reservation date and time. If your rental fee is not submitted you could lose your reservation. Rental Fee: It is understood that the rental fee shall be $ for any event up to 10 hours. Rentals beyond 10 hours are not permitted. Renter: Shall be defined as a legal homeowner who is current with all fiscal obligations to the Shannamara Homeowners Association. Renter Resident and Resident Renter shall all mean one and the same. Security Deposit: A check for your security deposit in the amount of $ is required to be submitted five (5) business days in advance of your rental. If your deposit is not received your reservation will be cancelled and you will not have access to the clubhouse. This check WILL BE DEPOSITED upon receipt and will be refunded seven (7) business days after your rental date provided all terms, conditions, rules and regulations of this agreement are satisfied and the facility is left in the same condition as before the event. Pool Wrist Band Fee (if applicable): If using the pool deck during the swimming season, homeowners must provide all party guests with a special guest band (red) to those attending the event. The guest bands shall cost $25 for up to 25 bands and $50 for up to 50 bands. Events in excess of 50 guests are not permitted during the pool hours. Guest bands must be purchased for all event guests, even if the guests attending the party are Shannamara residents. GUEST BANDS must be worn at all times. Guests will not be permitted onto the pool deck without the wristband. This fee must be included and submitted with your rental application and rental fee check. IMPORTANT INFORMATION: All appropriate checks for fees should be made payable to Shannamara Homeowners Association and submitted with your completed rental agreement no later than three (3) business days after your request. All checks must be from renting resident s personal bank account. Checks from businesses or people from outside the community will not be accepted. No reservation will be accepted within five (5) business days of a rental date without Board approval. If approved, the application, fees and deposit in the form of a money order shall be are hand delivered to Braesael Management s office. Page 1 of 9

2 CLUBHOUSE RULES AND REGULATIONS: Aqua Tech lifeguards are responsible to ensure the safety of all residents and their guest. Therefore, the requests of any lifeguard for residents and guests to vacate the clubhouse for violation of any rules contained herein or posted on or inside the clubhouse including unacceptable and inappropriate behavior is sanctioned by the Board of Directors and shall be accepted when such a request or direction is presented. If a resident or guest does not comply the lifeguard has the full authority of the Board of Directors to ask the homeowner and or guest to leave the pool / clubhouse area for the rest of the day. If the resident ignores or challenges the lifeguard in anyway, the resident may lose all pool privileges for the rest of the season. 1. The Clubhouse is available to all residents and guests eighteen (18) years of age and older. Residents and guests under the age of eighteen (18) must be accompanied by an adult who shall be responsible for the resident or guest under their supervision. 2. Clubhouse doors will remain locked at all times during the day. A Resident key fob will open any of the four (4) entry doors to the building. NO ADULT RESIDENT SHOULD ALLOW ANYONE UNDER THE AGE OF EIGHTEEN (18) TO USE THEIR A KEY FOB TO GAIN ACCESS TO THE CLUBHOUSE. A RESIDENT VIOLATING THIS RULE MAY LOSE CLUBHOUSE PRIVELAGES AT THE SOLE DISCRETION OF THE BOARD AND BE FISCIALLY RESPONSIBLE FOR ANY DAMAGE OR BREAKAGE CAUSED BY THE MINOR ALLOWED TO ENTER. Rental of the Clubhouse is restricted to the listed owner of the Shannamara property and who is current in financial matters with Shannamara Homeowners Association. Reservations are on a first come basis. 3. Renters will have exclusive use of the Clubhouse. 4. Renters are responsible for all damage, breakage and conduct of his/her guests occurring during the reservation. In case of damage or breakage by residents or guests, it must be reported immediately by telephone to one of the Pool / Clubhouse Committee members posted on the board at the front of the clubhouse. 5. Rental of the Clubhouse DOES NOT include the tennis courts, picnic tables or the pool. 6. Pool Rental can take place after normal pool hours. Lifeguards will be required without exception and any and all fee s shall be charged to the renter and must be paid for in advance along with the rental fee. The fees for lifeguards are as follows are identified below under the pool rules and regulations. 7. The kitchen appliances are to be used for community events or rentals only. Residents are not allowed to use appliances for everyday use. I.e. Storing food or drinks in the refrigerator or cooking lunch while at the pool. Page 2 of 9

3 8. * Start Time must represent the earliest time you will need access to the clubhouse. End Time must represent when you will be finished using the facilities and locking up. This will affect how your key fob is programmed to grant you access to the clubhouse. 9. Renters are required to be present during the entire period of the reservation including making themselves known to the lifeguard on duty at the beginning of the event if using the pool during normal pool hours or renting the pool after hours. 10. No event is to extend beyond 12:50 AM and all event activities are to be confined to the Clubhouse unless otherwise agreed upon in writing. If the pool has not been rented then the pool is not to be used during the Renter s event. (initials) 11. No excessive noise is allowed at any time during the event that would be in violation of the Town of Stallings noise ordinance or which will disturb other residents. 12. Any Board member or Clubhouse Committee member shall have the right to stop, in part or in whole, any event which violates this rule or in the case of any significant disturbance. If this action is taken by a Board member or committee member the Renter forfeits their rental fee inclusive of any lifeguard fees. The security deposit will be refunded in accordance with the requirements of this Agreement. 13. Renter shall comply with all North Carolina Alcohol Beverage Control Commission laws. Renters shall not provide alcohol to any minor during the event. Renter shall defend, indemnify and hold harmless Shannamara Homeowners Association from any violation, thereof, including any Dram Shop liability. 14. The Clubhouse is NOT to be used for fundraisers, income-making or commercial purposes unless approved in writing by the Board prior to the reservation being placed. 15. All furniture must be put back to its original location if moved. 16. Cleaning must be completed as follows: carpeted floors are to be vacuumed. Tiled floors are to be vacuumed/swept and mopped as needed (vacuum, broom and mop are inside the closet on the parking lot side). All furniture, tables and appliances and countertops are to be cleaned. All personal items are to be removed from the refrigerator. All trash is to be placed in the outside containers. The renter must provide the necessary cleaning supplies and garbage bags to facilitate the cleaning process. 17. Absolutely NO LOOSE GARBAGE is to be placed in the outside containers all garbage must be bagged. 18. NO SMOKING OR PETS ALLOWED IN THE CLUBHOUSE. Please contact the Board or Braesael Management for special circumstances. 19. NO TAPE IS PERMITTED ON THE WALLS OR CEILING. Any damage to the painted surfaces will come out of the renter s security deposit. Page 3 of 9

4 20. When leaving the Clubhouse, set the thermostat at a temperature corresponding with the season (i.e. 75 degrees in summer and 65 degrees in winter). Instructions for using the thermostat will be located in the kitchen and will be shown to you during your pre-event walkthrough. 21. Turn off the lights and securely close all doors (including locking internal bathroom doors). Failure to do so could result in alarm activation and a portion of your deposit WILL BE withheld. 22. The maximum capacity for the rental of the clubhouse is 150 people. 23. The exercise / workout room will be available to other residents during a rental event. The door can be locked from the common area side to keep non-event guests from entering during an event. This door must be unlocked before renter leaves the clubhouse. 24. Wet clothing is restricted to the lounge and kitchen area. No wet clothes or individuals shall enter the carpeted area at any time. All wet individuals must use the pool bathrooms located adjacent to the kiddy pool. If the pool is rented after regular pool hours then the outside clubhouse bathroom doors will be unlocked for access to the bathrooms from the pool deck. POOL RULES AND REGULATIONS Aqua Tech lifeguards are responsible to ensure the safety of all residents and their guest. Therefore, the requests of any lifeguard for residents and guests to vacate the pool for safety reasons, violation of any rules contained herein or posted on or around the pool deck / clubhouse including unacceptable and inappropriate behavior is sanctioned by the Board of Directors and shall be accepted when such a request or direction is presented. If a resident or guest does not comply the lifeguard has the full authority of the Board of Directors to ask the homeowner and or guest to leave the pool / clubhouse area for the rest of the day. If the resident ignores or challenges the lifeguard in anyway, the resident may lose all pool privileges for the rest of the season. 1. The Pool / Pool Deck is available to all residents and guests twelve (12) years of age and older without the need for adult supervision. Anyone watching a child under the age of twelve (12) must be fourteen (14) years of age or older. 2. POOL RENTALS: If rental is being made for the use of the pool/pool deck in conjunction with the clubhouse it is the Renter s responsibility to ensure there are sufficient lifeguards on duty. This is required whether swimming or not during normal pool operating hours as well as for after-hour rentals. The Renter must obtain and complete a pool rental form from the lifeguards or Braesael Management at least one (1) week prior to the event. All payments for the lifeguards and wristbands must be submitted in order to secure your reservation date. Page 4 of 9

5 3. The guest wrist bands must be obtained by submitting the payment as outlined above. At least one (1) additional lifeguard will be required for all parties having up to twenty-five (25) guests during normal operating hours. For events after normal pool operating hours, lifeguards will be required as follows: a. 1 to 25 swimmers 1 lifeguard b. 26 to 50 swimmers 2 lifeguards 4. Aqua Tech lifeguards are $15.00 per hour per lifeguard. 5. If the pool is used during an event without making the appropriate arrangements pertaining to the pool and lifeguards shall result in the suspension of the responsible renters future privileges. 6. If additional information is needed regarding pool rental please contact Aqua Tech Pool Management at Use of the pool itself is prohibited after dark unless it has been properly rented and the appropriate number of lifeguards is on duty. Failure to comply shall result in loss of Renter s future privileges. 8. Additional cost for lifeguard(s) is the Renter s responsibility and must be coordinated directly with Aqua Tech Pool Management or through Braesael Management. 9. The rental of the pool/pool deck during normal pool operating hours will not result in the pool being closed for use by a private party. 10. Rentals on Fridays, Saturdays or Sundays during the first three (3) weeks of the pool season and any Holiday weekend will not be granted access to the pool deck until 5 PM and must stay confined to the clubhouse itself. The guards will not distribute wristbands until then. 11. Refunds for pool / pool deck rentals will not be granted for anything that would require the pool to close (weather, water contamination, etc.) or if the party or members of the party are directed by the guards to leave the pool. (initials) Page 5 of 9

6 CANCELLATION OF RESERVATION: If the cancellation is received in writing, at least five (5) business days prior to the scheduled use date the rental can be cancelled without Charge. However, any fees associated with additional lifeguards shall be forfeited unless Aqua Tech agrees to issue a refund. If the cancellation is received less than five (5) business days prior to the use date a $25.00 cancellation fee will be taken from your rental fee. The remaining rental fee and the full security deposit will be refunded in accordance with the terms of this Agreement. The undersigned, hereby agrees to (1) Release and waive all claims against the Shannamara Homeowners Association, its members, Board members, committee members, employees, attorneys and successors to the full extent permitted by law, for death, personal injury or damage to property sustained directly or indirectly by the undersigned or anyone in any way related to or affiliated with the resident renter; and, (2) Assume complete financial responsibility for the event and agree to defend, indemnify and hold harmless, the Shannamara Homeowners Association, its members and the Board to the full extent permitted by law, against any and all claims, damages, suits, expenses (including attorney s fees) brought by any third party for death, personal injury or damage to property resulting from the use of the facility, (3) Agrees to adhere to all sections of this Agreement or at the sole discretion of the Board of Directors forfeit all or part of the Security Deposit, (4) Agrees that in the event of damage or breakage in excess of the Security Deposit, restitution shall be made for any and all additional necessary repairs and associated costs as retribution for said damage or breakage. I HAVE READ THIS AGREEMENT AND ACKNOWLEDGE THAT I FULLY UNDERSTAND THE TERMS, CONDITIONS, RULES AND REGULATIONS AS SET FORTH HEREIN Renter: Residents Name Residents Signature Date Page 6 of 9

7 Facility to be rented: Initial the appropriate selection(s) below: Yes, I want to rent the Clubhouse only. This does not include the use of the pool deck or pool. Yes, I want to rent the pool/pool deck in addition to the clubhouse and understand I must make arrangements with Aqua Tech, the pool management company or get assistance from Braesael Management. I have included $25.00/$50.00 for pool wrist bands. PLEASE CIRCLE AMOUNT FILL IN THE NUMBER OF BANDS If using pool or pool deck during event rental, I will be responsible for notifying the Pool Management Company (as noted herein and in # 2 above - Pool Rentals) at least one week in advance so that the appropriate lifeguard staffing may be provided. I understand that an additional expense will be incurred and due upon submission of rental fee. (initials) No, I will not be using the pool/pool deck. Date of Event: Type of Event: No. of guests: Start Time *: End Time*: Request for front door to remain unlocked during rental times *: * Please reference #8 above under Clubhouse Rules and Regulations. RENTAL CANNOT EXCEED 10 HOURS Rental Fee Paid: Deposit Paid: Lifeguard Fee Paid: Print Shannamara Property Owner Name Signature of Responsible Party and Date (Shannamara Homeowner) Shannamara Property Address & Phone Number Date Signature of Braesael Management Representative Pool / Clubhouse Committee Contact (Printed Name) Phone Number/ Address Rental Agreement must signed and initialed in all required locations and submitted to Braesael Management with all appropriated fees in accordance with the terms and conditions of this agreement for your reservation to be secured. The comprises of all nine (9) pages. Applications and Payments can be mailed to the following address: Shannamara Homeowners Association PO Box 1041 Matthews, NC A copy of this agreement will be returned to the Renter Page 7 of 9

8 **Keep for your records** Clubhouse Rental Entry Instructions 1. Your Key Fob will be programmed to allow you entry during the event times established above 2. All other resident key fobs with the exception of the Board and Pool/Clubhouse committee will be locked out during the rental period. 3. If you continue to experience difficulties, you may contact your Pool/Clubhouse committee representative as listed on your rental agreement or Braesael Management Company during normal business hours ( ). 4. DO NOT LEAVE THE DOORS PROPPED OPEN DURING THE RENTAL. This will cause an alarm signal to be sent to the security company and the police may be dispatched. 5. The front door will be scheduled to remain unlocked from the event start time and event end time listed on your rental agreement by homeowner request only. If not requested specifically by the rental request, the front door will remain locked during the rental. Your key fob will allow access through the front door during the designated times listed on the rental agreement. The front door can be programmed to remain unlocked during the rental if requested. If the front door is requested to be unlocked during the rental; Signage stating private rental in progress is located in the clubhouse closet. All other doors shall remain locked and will require a resident key fob to open. EXITING: 1. Ensure temperature has been repositioned to its original setting. Instructions are located in the kitchen and will be shown to you on the pre-event walkthrough. 2. All furniture has been returned to its original position. Furniture plan is located in the kitchen and will be shown to you on the pre-event walkthrough. 3. Cleaning has been completed (furniture, tables and countertops washed, floors swept and vacuumed, trash removed from the building, plus any additional cleaning needed). 4. Confirm rear doors are locked. 5. All interior lights turned off (don t forget the bathrooms). 6. Everyone has exited the building. 7. Ensure all doors including the bathroom doors are closed. 8. Press and briefly hold the arm/disarm button on the alarm panel. Press enter. It will beep and start a countdown from 60 seconds. You may now exit the building. The door will lock and the security system will rearm after 60 seconds. Do not attempt to enter the building during this 60-second time frame. 9. If you are present in the building after your allotted rental time, your key fob will deactivate and the doors will lock. You will be able to exit the building, but will not be able to reenter. Please ensure a swift exit if this occurs. 10. The alarm system automatically rearms at 1AM. If any people are still present in the building at that time, the Police WILL be dispatched. Page 8 of 9

9 USE OF THE SHANNAMARA CLUBHOUSE Renter s Name: Date of Usage: We hope you enjoy your use of this wonderful community facility and that your event is a total success. Because the club house is an asset for all who live in Shannamara, we want to take extra special care of it. We want it to last a long time and be something that other residents can be proud of. Thus, we ask that you adhere to the rules and regulations you agreed to in the rental agreement and have also provided a checklist to aid you in complying with these rules. CHECKLIST (Please initial each item after it s been completed) ITEM COMPLETED 1. Remove decorations carefully; do not put tape on walls 2. All furniture, tables, rugs, etc. returned to where they belong. Do not take any furniture or tables outside. Lift the legs of the couches when moving them to avoid breakage. 3. All furniture, tables, rugs, etc. are checked for spills, food items or damage/tears (including legs). Report any damage that needs to be repaired in the space below 4. Clean Floors of all trash. Clean up spills and vacuum / mop entire area. 5. Walls, baseboards & floors are checked for spills and are cleaned up, if necessary. 6. Clean kitchen sinks and counters. 7. Clean door windows 8. Clean floors of all trash. Vacuum all carpet areas 9. Empty refrigerator of all your items 10. Check bathrooms and leave them no worse than when you arrive. Make sure all toilets are flushed. Leave a note below if more TP is needed. 11. Turn off all lights and fans and be sure all doors are locked. 12. Removal of all trash from the facility 13. Adjust thermostat to as stated in the rental agreement 14. Double check for any damage or items needing our attention. Make notes below: 15. Note: Roll out garbage bins are not to be utilized for rentals, please ensure all trash is removed from the facility. Cleaning equipment can be found in the storage closet located in clubhouse. 16. Questions, concerns or problems: Leave this completed checklist on the kitchen counter before leaving. Clubhouse will be checked prior to return of damage deposit. Page 9 of 9