ARTICLE I –  SWIMMING POOL

1.1            USE OF THE SWIMMING POOL.  THE SWIMMING POOL IS AVAILABLE FOR THE GENERAL INFORMAL USE OF BCOB RESIDENTS AND THEIR GUESTS, PROVIDED THAT SUCH USE IS CONSISTENT WITH THE PLANNED USE OF THE FACILITIES.  COMMERCIAL USE OF THE SWIMMING POOL IS PROHIBITED.

1.1.1       BCOB SWIM TEAM USE.  NOTWITHSTANDING THE FOREGOING, BCOB MAY ELECT TO ESTABLISH AN ORGANIZED SWIM TEAM. IN THE EVENT THAT BCOB ESTABLISHES AN ORGANIZED SWIM TEAM, THEN THE SWIMMING POOL MAY BE RESERVED FOR USE FOR ORGANIZED SWIM TEAM EVENTS IN WHICH THE BCOB’S ORGANIZED SWIM TEAM IS PARTICIPATING. THE SWIMMING POOL MAY NOT BE RESERVED FOR USE FOR ORGANIZED SWIM TEAM EVENTS IN WHICH THE BCOB’S ORGANIZED SWIM TEAM IS NOT PARTICIPATING.

1.2            PICTURE ID REQUIRED.  ALL USERS OVER THE AGE OF 16 SHALL BE REQUIRED TO HAVE A PICTURE ID AVAILABLE AT ALL TIMES IN THE SWIMMING POOL IN ORDER TO ALLOW LIFEGUARDS TO VERIFY ELIGIBILITY AS A USER.  

1.3            HOURS OF OPERATION.  HOURS OF THE SWIMMING POOL ARE POSTED ONSITE OR ON BCOB’S WEBSITE.

1.4            SWIMMING POOL RULES.  SWIMMING POOL RULES ARE POSTED IN THE SWIMMING AREA AND MAY BE OBTAINED DIRECTLY FROM THE BCOB RECREATION DIRECTOR.

1.5            LIFEGUARDS.  LIFEGUARDS WILL BE ATTENDING THE SWIMMING POOL AREA DURING NORMAL HOURS OF OPERATION.  THE ABSENCE OF AT LEAST TWO (2) LIFEGUARDS AT THE SWIMMING POOL SHALL RESULT IN THE CLOSURE OF THE SWIMMING POOL. NOTWITHSTANDING THE PRESENCE OF LIFEGUARDS AT THE SWIMMING POOL, OR LACK THEREOF, USERS SHALL UTILIZE THE SWIMMING POOL AT THEIR SOLE RISK.  

1.6            FLOTATION DEVICES.  NO SWIMMERS DEPENDENT UPON ANY FLOTATION DEVICE SHALL BE PERMITTED IN THE SWIMMING POOL UNLESS ACCOMPANIED (IN THE WATER) AND DIRECTLY SUPERVISED BY A RESPONSIBLE ADULT OVER THE AGE OF 16. ALL PERSONS MAY BE ASKED TO DEMONSTRATE THEIR SWIMMING ABILITY.  “DIRECT SUPERVISION” (WITHIN ARM’S REACH)  AS USED HEREIN SHALL MEAN THAT THE PARENT, LEGAL GUARDIAN OR OTHER ADULT IS IN THE WATER WITH SWIMMERS REQUIRING SUCH SUPERVISION, OR WITHIN THE SWIMMING POOL FENCE, NOT MORE THAN TEN (10) FEET FROM THE WATER AND FACING THE DIRECTION OF THE SWIMMING FACILITIES.  ALL INDIVIDUALS THAT WILL BE IN WATER GREATER THAN CHEST DEEP MAY BE SUBJECT TO A SWIM TEST.

1.7            CHILDREN.  NO USER UNDER THE AGE OF 12 SHALL USE THE SWIMMING POOL UNLESS ACCOMPANIED BY A PARENT, LEGAL GUARDIAN OR OTHER ADULT OVER THE AGE OF 18, AS LISTED ON THE PROPERTY OWNER/RESIDENT INFORMATION FORM; OR A MINOR AGED SIXTEEN (16) OR OLDER, AS AUTHORIZED ON THE MINOR RELEASE FORM.  ANY USER BETWEEN THE AGES OF 12 AND 18, WHO MAY INDEPENDENTLY ACCESS THE SWIMMING POOL WITHOUT A PARENT OR LEGAL GUARDIAN AS SET FORTH IN THIS SECTION 1.5, SHALL PASS A SWIM TEST TO THE SOLE SATISFACTION OF THE BCOB RECREATION DIRECTOR OR ASSIGNED STAFF PRIOR TO ANY SUCH ACCESS.  IF ANY USER IS BETWEEN THE AGES OF TWELVE (12) AND EIGHTEEN (18) YEARS FOR ANY PORTION OF THE YEAR IN WHICH THE PROPERTY OWNER/RESIDENT FORM AND RELEASE FORM ARE SUBMITTED, SUCH USER SHALL NOT BE PERMITTED TO USE THE SWIMMING POOL WITHOUT SUPERVISION BY A PARENT OR LEGAL GUARDIAN UNLESS SUCH PARENT OR LEGAL GUARDIAN HAS SUBMITTED A MINOR RELEASE FORM, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT B-1 FOR SUCH YEAR IN QUESTION.  ALL INDIVIDUALS WHO ARE NOT YET POTTY-TRAINED OR ARE OTHERWISE UNABLE TO CONTROL THEIR BLADDER SHALL WEAR SWIM DIAPERS OR SWIMSUITS WITH BUILT IN SWIM DIAPERS WHEN UTILIZING THE SWIMMING POOL.  

1.8            POOL AND WATER TOYS.  THE ONLY PLAY BALLS ALLOWED IN THE SWIMMING POOL SHALL BE NERF™ TYPE BALLS AND INFLATABLE PLASTIC BEACH BALLS.  TENNIS BALLS, GOLF BALLS, FOOTBALLS, BASKETBALLS, ETC. WILL NOT BE ALLOWED.  DIVING TOYS AND REASONABLY SIZED FLOATATION DEVICES SHALL BE ALLOWED.  ALL USE OF POOL TOYS AND OTHER EQUIPMENT IS SUBJECT TO THE SOLE DISCRETION OF THE LIFEGUARDS ON DUTY.

1.9            EQUIPMENT.  PROPER AND APPROPRIATE ATTIRE SHOULD BE WORN BY ALL USERS AND THEIR GUESTS WHEN UTILIZING THE SWIMMING POOL. 

1.1            Smoking, Drugs and Alcohol.  Smoking and the use of marijuana or illegal drugs is not allowed and shall not be permitted on or around the Recreation Amenities. The consumption of alcohol on or around the swimming pool is prohibited.

1.1            USE OF THE VENTURE CENTER.  SUBJECT TO THE LIMITATIONS OUTLINED IN ARTICLE 1.2, THE VENTURE CENTER SHALL BE AVAILABLE TO ALL USERS UPON PAYMENT OF THE APPROPRIATE RENTAL FEE AND DEPOSIT, WHICH SHALL BE FIXED BY BCOB’S BOARD OF DIRECTORS IN ITS DISCRETION BASED UPON THE TYPE OF EVENT FOR WHICH RENTAL OF THE VENTURE CENTER IS DESIRED, THE NUMBER OF PERSONS ANTICIPATED TO BE IN ATTENDANCE AND OTHER ATTENDANT FACTORS. BCOB’S BOARD OF DIRECTORS MAY, IN ITS DISCRETION, DECLINE RENTAL OF THE VENTURE CENTER FOR ANY EVENT THAT BCOB’S BOARD OF DIRECTORS DEEMS TO JEOPARDIZE THE SAFETY, HEALTH OR WELFARE OF THE PUBLIC.  A CURRENT FORM OF AGREEMENT FOR VENTURE CENTER RESERVATIONS IS ATTACHED HERE AS EXHIBIT B-3.

1.1.1       USE OF PATIO.  THE PATIOLAWN ADJOINING THE VENTURE CENTER MAY ONLY BE USED IN CONJUNCTION WITH RENTAL OF THE VENTURE CENTER.  USERS DESIRING TO USE THE PATIO MUST SPECIFY THIS DESIRE ON THE RENTAL REQUEST FORM (EXHIBIT A-5). 

1.2            LIMITATIONS ON THE ONGOING USE OF THE VENTURE CENTER.  EXCEPT AS OTHERWISE STATED HEREIN, USERS SHALL BE PROHIBITED FROM RENTING THE VENTURE CENTER ON AN EXTENDED OR CONTINUING BASIS FOR ONGOING PURPOSES.  SUCH RENTALS HAVE THE ONGOING EFFECT OF PRECLUDING AND PREVENTING VENTURE CENTER USAGE BY OTHER PERMITTED USERS.  WHETHER A PROPOSED USE IS EXTENDED OR CONTINUING SHALL BE DETERMINED BY THE BCOB MANAGER, BUT SHALL INCLUDE AN ANALYSIS OF WHETHER SUCH USE IS PROPOSED FOR GREATER THAN A 24 HOUR PERIOD IN ANY GIVEN WEEK OR FOR MULTIPLE REGULARLY SCHEDULED USAGE ON A WEEKLY OR MONTHLY BASIS.  IN AN ATTEMPT TO FURTHER USE OF THE VENTURE CENTER ON A NON-DISCRIMINATORY AND NEUTRAL BASIS AND NOT AID ONE RELIGION/POLITICAL PARTY, OR PREFER ONE RELIGION OR POLITICAL PARTY OVER ANOTHER OR PROVIDE ANY PUBLIC FUNDING FOR THE SAME, THE VENTURE CENTER SHALL NOT BE PERMITTED FOR ANY RELIGIOUS OR POLITICAL USAGE.

1.3            EXCEPTIONS TO ONGOING USE LIMITATIONS.  NOTWITHSTANDING THE LIMITATIONS PROVIDED IN ARTICLE 1.2, THE VENTURE CENTER MAY BE UTILIZED FOR THE ONGOING PURPOSES OF MONTHLY, OR MORE FREQUENT, BCOB AND DISTRICTS MEETINGS OR SUB-ASSOCIATION MEETINGS, OR USE OTHERWISE DEEMED NECESSARY BY THE BCOB MANAGER FOR CONDUCTING BUSINESS OF THE BCOB OR DISTRICT(S).

1.4            CAPACITY OF VENTURE CENTER.  CITY OF BRIGHTON FIRE CODES MANDATE THAT LEGAL CAPACITY OF THE VENTURE CENTER BE LIMITED TO 277 PERSONS.  NO RENTALS OF THE FACILITY SHALL BE ALLOWED FOR GREATER THAN 277 PERSONS IN ATTENDANCE. 

1.5            BCOB REPRESENTATIVES.  THE BCOB’S BOARD OF DIRECTORS MAY, IN ITS DISCRETION, CONDITION RENTAL OF THE VENTURE CENTER UPON THE REQUIREMENT THAT ONE OR MORE BCOB REPRESENTATIVES BE IN ATTENDANCE FOR THE EVENT FOR WHICH THE FACILITY IS RENTED.  IN ALL SUCH CASES, THE PERSONS RENTING THE VENTURE CENTER SHALL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH ATTENDANCE BY THE BCOB REPRESENTATIVES. 

1.6            RENTAL RATES. THE RENTAL RATES AND SECURITY DEPOSIT FOR THE VENTURE CENTER AMENITIES AVAILABLE FOR RENT WILL BE ESTABLISHED BY THE BCOB FROM TIME TO TIME IN ITS SOLE DISCRETION. THE SECURITY DEPOSIT WILL BE FULLY REFUNDABLE IN ACCORDANCE WITH THE TERMS SET FORTH IN THE FORM OF AGREEMENT FOR VENTURE CENTER RESERVATIONS.

1.7            CATEGORIES OF VENTURE CENTER USERS.  USAGE SHALL NOT BE DENIED TO AN APPLICANT BASED ON RACE, RELIGION, CREED, GENDER, OR PHILOSOPHY. 

1.7.1       FEES.  FEES SHALL BE CHARGED IN ACCORDANCE WITH THE SCHEDULE PROVIDED ON THE RECREATION AMENITIES FEE SCHEDULE FOUND IN EXHIBIT A-6.  THE BCOB ALSO RESERVES THE RIGHT TO REQUIRE A DEPOSIT (THE “APPLICATION DEPOSIT”) FROM THE USER PRIOR TO GRANTING APPROVAL TO USE BCOB FACILITIES.  THE APPLICATION DEPOSIT MAY BE RETAINED IN WHOLE OR IN PART TO PAY FOR BCOB COSTS FOR CLEAN-UP, REPAIR OR REPLACEMENT OF DAMAGED PROPERTY OR EQUIPMENT, OR OTHER BCOB EXPENSES DIRECTLY RESULTING FROM APPLICANT’S USE OF BCOB FACILITIES.

1.8            APPLICATION FOR PERMIT.  A COMPLETED RENTAL REQUEST FORM (EXHIBIT A-5), VENTURE CENTER RENTAL AGREEMENT (EXHIBIT B-3), COMPLETED APPLICANT WAIVER OF LIABILITY AND RELEASE FORM, DEPOSIT, USAGE FEE, AND THE FULL SECURITY FEE (IF APPLICABLE) MUST BE SUBMITTED TO THE DISTRICT TO CONSTITUTE A COMPLETE APPLICATION FOR A PERMIT TO USE THE VENTURE CENTER.  THE BLANK APPLICANT WAIVER OF LIABILITY AND RELEASE FORM IS ATTACHED HERETO AS EXHIBIT B-2.  THE COMPLETE APPLICATION, INCLUDING THE DEPOSIT, USAGE FEE, AND THE FULL SECURITY FEE (IF APPLICABLE) MUST BE RECEIVED BY THE DISTRICT AT LEAST THIRTY (30) DAYS PRIOR TO THE RESERVATION DATE.

1.9            ADDITIONAL CONDITIONS OF USE.  THE FOLLOWING POLICIES AND PROCEDURES WILL APPLY TO THE APPLICATION FOR A PERMIT TO USE THE VENTURE CENTER:

1.9.1       THE RESIDENT MAKING THE RESERVATION (THE “RENTING RESIDENT”) MUST BE PRESENT AT THE EVENT AT ALL TIMES. THE RENTING RESIDENT’S ACCOUNT MUST BE CURRENT AND IN GOOD STANDING WITH BCOB.

1.9.2       ALL RESERVATIONS WILL BE SUBJECT TO TIME LIMITATIONS AND USE LIMITATIONS. RENTAL HOURS ARE BETWEEN 6:00 A.M. AND 10:00 P.M.  ALL ATTENDEES MUST VACATE THE AREA AT THE TIME DESIGNATED ON THE PERMIT. FAILURE TO COMPLY WITH THE TIME RESTRAINTS MAY BE CONSIDERED A FORFEITURE OF THE SECURITY DEPOSIT.

1.9.3       PERMITS FOR ORGANIZED USE WILL ONLY BE ISSUED TO THE RENTING RESIDENT.  THE RENTING RESIDENT MUST BE 18 YEARS OF AGE OR OLDER. PERMITS MAY ONLY BE USED BY THE PARTY TO WHOM THEY ARE ISSUED. PERMITS ARE NON-TRANSFERABLE.

1.9.4       PERMITS MUST BE AVAILABLE TO PRESENT FOR INSPECTION DURING ALL USE TIMES.

1.9.5       BCOB RESERVES THE RIGHT TO CANCEL AN EVENT IF IT IS DEEMED THAT THE CONDITIONS ARE POOR OR THE ACTIVITY WILL CAUSE DAMAGE. IN THE EVENT THAT AN ACTIVITY IS CANCELLED PRIOR TO COMMENCING, THE SECURITY DEPOSIT AND VENTURE CENTER USE FEE WILL BE REIMBURSED.

1.9.6       ALL REFUSE MUST BE COLLECTED AND PLACED IN TRASH RECEPTACLES BEFORE THE EVENT ENDS.

1.9.7       RESERVATIONS AND PERMIT MAY LIMIT USE TO A PARTICULAR AREA OF THE VENTURE CENTER.

1.9.8       THE ACTIVITY MAY NOT UNREASONABLY INTERFERE WITH OR DETRACT FROM THE GENERAL PUBLIC’S ENJOYMENT OF SURROUNDING AREAS.

1.9.9       THE PROPOSED ACTIVITY MAY NOT INCITE VIOLENCE, CRIME, OR DISORDERLY CONDUCT.

1.9.10    RESERVATIONS MUST BE CANCELLED 14 DAYS PRIOR TO THE DATE OF THE EVENT TO RECEIVE A FULL REFUND OF THE USE FEE AND DEPOSIT.

1.10         ALCOHOLIC BEVERAGES. ALCOHOLIC BEVERAGES MAY BE SERVED AS LONG AS THE RENTING RESIDENT ABIDES BY THE FOLLOWING CONDITIONS: (IF ALCOHOL IS TO BE PRESENT, THE RENTING RESIDENT IS REQUIRED TO HAVE OFF-DUTY POLICE OFFICER(S) OR SECURITY.)

1.10.1    NO FEE WILL BE CHARGED, EITHER DIRECTLY OR INDIRECTLY (I.E. NO CASH BAR) FOR THE CONSUMPTION OF ALCOHOLIC BEVERAGES.

1.10.2    NO ALCOHOLIC BEVERAGES, INCLUDING 3.2 BEER, WILL BE SERVED, AT ANY TIME, TO ANY PERSON WHO IS UNDER 21 YEARS OLD OR TO ANY INTOXICATED PERSON.

1.10.3    IT IS ACKNOWLEDGED THAT BCOB DOES NOT HOLD OR MAINTAIN A LIQUOR LICENSE, AND PERMISSION TO SERVE ALCOHOLIC BEVERAGES DOES NOT CONSTITUTE A LIQUOR LICENSE. THE RENTING RESIDENT SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LIQUOR LAWS OF THE STATE OF COLORADO. NO ALCOHOLIC BEVERAGES WILL BE SERVED OR CONSUMED OUTSIDE OF THE VENTURE CENTER.

1.10.4    IF ANY PERSONS UNDER THE AGE OF 21 ATTENDING THE EVENT, WHETHER INVITED OR UNINVITED, BRING ALCOHOLIC BEVERAGES ONTO THE VENTURE CENTER PREMISES, THE RENTING RESIDENT SHALL TAKE ACTION TO HAVE SUCH BEVERAGES REMOVED FROM THE PREMISES. IF NECESSARY, THE RENTING RESIDENT WILL CALL THE POLICE TO SEEK ASSISTANCE WITH THE ENFORCEMENT OF THIS POLICY. AT ANY EVENT IN WHICH THE MAJORITY OF THE ATTENDEES ARE UNDER 21 YEARS OLD, THE RENTING RESIDENT WILL ASSURE THAT THERE IS AT LEAST ONE ADULT CHAPERONE PRESENT AT ALL TIMES FOR EVERY TEN (10) PERSONS UNDER 21 YEARS OLD.

1.10.5    IF ANY ADULT (PERSONS 21 YEARS OLD OR OLDER) ATTENDING THE EVENT, WHETHER INVITED OR UNINVITED, IS ABUSING OR MISUSING ALCOHOL ON THE VENTURE CENTER PREMISES, THE RENTING RESIDENT WILL TAKE ACTION TO HAVE SUCH ACTIVITIES STOPPED, AND IF NECESSARY, NOTIFY THE POLICE TO SEEK ASSISTANCE.

1.10.6    THE RENTING RESIDENT AGREES TO ARRANGE ALTERNATE TRANSPORTATION FOR ANY ATTENDEE WHO IS UNABLE TO SAFELY AND RESPONSIBLY DRIVE AWAY FROM THE EVENT DUE TO INTOXICATION. THE RENTING RESIDENT AGREES THAT THEY ARE SOLELY RESPONSIBLE FOR ANY CLAIM OR LIABILITY THAT ARISES AS A RESULT OF THE SERVING OF ALCOHOLIC BEVERAGES AT THEIR EVENT.

1.10.7    THE RENTING RESIDENT SHALL INDEMNIFY AND HOLD HARMLESS BCOB FOR ANY CLAIMS, ACTIONS, OR SUITS BROUGHT BY THIRD-PARTIES AGAINST BCOB FOR ANY DAMAGES CAUSED AS A RESULT OF RENTING RESIDENT’S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT.

1.10.8    SECURITY PERSONNEL ARE REQUIRED FOR ALL RENTALS DURING WHICH ALCOHOL WILL BE PRESENT. NO EXCEPTIONS WILL BE GRANTED. IF SECURITY PERSONNEL ARE REQUIRED, THE RENTING RESIDENT WILL BE RESPONSIBLE FOR ALL COSTS RELATED THERETO. SECURITY PERSONNEL MUST BE APPROVED BY BCOB STAFF. IN THE EVENT THIS PROVISION IS VIOLATED BY THE RENTING RESIDENT, THE RENTING RESIDENT SHALL AUTOMATICALLY BE ASSESSED A MINIMUM OF $250 PENALTY AND SHALL BE SUSPENDED FROM ALL VENTURE CENTER RENTAL PRIVILEGES FOR TWELVE (12) MONTHS.