Pool Rental Agrmt

TANTERRA HOMEOWNERS ASSOCIATION
SWIMMING POOL RENTAL REGULATIONS AND AGREEMENT

(revised 4/01)

REGULATIONS

1.      The Tanterra Swimming Pool facilities may be rented for private use between the normal closing hour (8:00 p.m.) and 12 midnight on Friday and Saturday evenings during the pool season. The following are eligible to rent the facilities:
       a. Tanterra homeowners in good standing with the Homeowners Association
       b. Associate members of the Tanterra Pool in good standing

2. The rental fee for a 4-hour period is $250.00. For less than a 4-hour period, fees are: 1 hour: $100.00; 2 hours: $150.00; 3 hours: $200.00. In addition, all rentals require a separate $100.00 security deposit. Separate checks to cover the rental fee and the security deposit shall be made payable to the Tanterra Homeowners Association.

3. All persons using the pool facilities do so at their own risk and in compliance with all pertinent rules and regulations. The list of Swim Club rules and regulations, as applicable (attached as pages 3 -6) is made a part of these Regulations and must be complied with during all private rental functions.

4. THE TANTERRA HOMEOWNERS ASSOCIATION WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO PERSONAL PROPERTY OF ANY KIND OR FOR ANY BODILY INJURY RESULTING FROM THE USE OF THESE FACILITIES.

5. Food and beverages are permitted in areas prescribed in the attached rules and regulations. No glass may be used in the pool facility, with the exception that glass dispensers may be used only in the restricted area bounded by the barbecue pits. The renter is responsible for compliance with all applicable Maryland State and Montgomery county regulations concerning service and consumption of food and beverages and for procurement of any necessary permits. Note that ONLY an appropriately licensed caterer may serve alcoholic beverages. If any alcoholic beverages are to be served or consumed at the private function, copies of the catering contract and the caterer’s current alcohol license must be provided with the signed rental agreement and payment.

6. Noise levels, measured in the surrounding residential area, must not violate the Montgomery County noise ordinance, which may be monitored using a calibrated decibel meter. Failure to comply is a “Criminal” violation of County law. The renter’s entire $100 security deposit will be forfeited if the noise ordinance is violated and renter shall be liable for any fines assessed for such violations. In addition, pool renters responsible for parties which exceed County noise limits will be barred from renting the pool for the remainder of the current year and the following year. No live, amplified instrumental music will be permitted. Any loudspeakers used must be situated to face Georgia Avenue, and away from Tanterra homes.

7. Lifeguard services are required for all private functions. The hourly fee for these services plus insurance coverage is included in the rental fee.

8. The lifeguard in charge is responsible for strict enforcement of all regulations which are a part of this contract. He/she has the authority to suspend the rental activities for violation of these regulations or for any other reason which, in his/her judgment, constitutes a hazard to persons or property. If a function must be terminated for such reasons, no portion of the rental fee is refundable, and the Homeowners Association is not liable for any other costs or damages incurred by the renter. The lifeguard in charge may consult with a member of the Tanterra Board of Directors or Pool Committee with regard to enforcement actions.

9. All private functions must end, and all guests must depart the pool facilities and parking area not later than 12:00 o’clock midnight.

10. Cleanup of the pool facilities immediately after a private function is the responsibility of the renter. This includes placement of all trash into appropriate receptacles, cleanup of food/beverage spills, removal of any decorations, and restoration of furniture items to their pre-function positions. The lifeguard in charge will inspect the pool facilities after each rental, prior to the next pool opening, for damage or lack of cleanliness. Minor damage or the need for cleanup of the facilities by pool staff will be charged against the renter’s deposit. If the cost of repair or clean up exceeds the amount provided as security deposit, the renter shall be liable. If collection proceedings are required to collect from the renter for such damages, the renter shall be liable for reasonable attorney’s fees and court costs.

11. Reservations for private rentals of the Tanterra Pool may only be made with authorized Pool Committee representatives. A reservation is confirmed upon submission of the following: a contract signed by the responsible member and an authorized member of the Pool Committee; payment of the appropriate rental fee and security; a copy of any caterer’s contract; (if alcohol is to be served) a copy of the license to serve alcohol; (if entertainment is to be provided) the name of the entertainer(s). The security deposit, or refundable portion thereof, will be returned to the renter no later than two weeks following the function.

12. Cancellation of paid reservations for private functions may be made without penalty up to 72 hours prior to the start of the function. Cancellation of paid reservation for private functions within 72 hours of the start of a function shall result in forfeiture of 50% of the rental fee. In any case, if a reservation is cancelled, the entire security deposit is refundable. A contract shall be deemed cancelled upon written confirmation of the cancellation by the Pool Manager or Assistant Manager on the renter’s copy of the contract. Such confirmation shall include the date and time of the cancellation.

Return this copy to:
Dick Bertin
18617 Tanterra Way
774-7926

COMPLIANCE AND HOLD HARMLESS AGREEMENT

I, the undersigned and all parties thereto, acknowledge receiving a copy of the Tanterra Homeowner’s Association, Inc. Swim Club Rules and Policies, have reviewed them thoroughly, and agree to comply with these regulations in full. I further agree to pay in advance the pool facilities rental fee of $________ and to place on deposit $100.00 against any cleanup charges, noise penalties, security services, or damages that may be assessed. I understand that any portion of the deposit not charged by the Tanterra Homeowners Association for the above named purposes will be returned to me in full. I further agree that all pool facilities used will be returned to their pre-function cleanliness and arrangement immediately after the function.

I further agree to indemnify and hold harmless the Tanterra Homeowners Association and its Board of Directors from any and all losses, demands, and claims of liability which arise as a result of any use of the pool for the function mentioned herein.

I understand that any person(s) I engage to provide music must not operate their equipment in violation of the County noise ordinance. I understand that violations of the County Noise Ordinance, or any other law cited violation of a law or ordinance will result forfeiture of my security deposit. Additionally, I understand that I am personally liable for payment of any fines assessed for such violations. I further understand that any consumption of alcoholic beverages must be in full compliance with Montgomery County regulations, and that only an appropriately licensed caterer may serve alcoholic beverages.

I affirm that I have read and been provided a copy of these regulations and agreement.

____________________________________________________________________________

Printed name of member: ______________________________

Signature:_____________________________

Date:__________ Telephone No.______________________

Date & Time of function:____________________________ Caterer:______________________

Music/Entertainment:____________________________________________________________ Name Address Telephone No.

Acceptance (following verification of membership in good standing and satisfaction of all requirements stated in the regulations and agreement):

______________________________________________________________________________

Signature of Tanterra Homeowners Association representative: ______________________Date:______

For Pool Committee use:
Pool Management contacted _______           Caterer’s contract & license verified ________
Security officer scheduled       _______          Music source checked    _______
Rental fee received                 _______          Deposit received        ________
Deductions from deposit      _______             Deposit returned        ________

Cancellation notice provided - Date/time_______________    Manager________________

Renter’s Copy