Application

Sea Gate Association Beach Club
3700 Surf Avenue
Brooklyn, NY 11224

*Please complete attached member list for your cabana.

CONSUMER’S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN TWO (2) DAYS FROM THE DATE OF THIS AGREEMENT PRIOR TO MAY 15, 2021, BY WRITTEN NOTIFICATION TO: THE SEA GATE ASSOCIATION, 3700 SURF AVENUE, BROOKLYN, NY 11224 BY CERTIFIED OR REGISTERED MAIL.

*No refunds will be issued after MAY 15, 2021.

1. Membership: The undersigned hereby elects to following membership and agrees to pay the fee set forth for that category of membership. This fee is non-refundable. Resignation, expulsion, and suspension, etc. from the Sea Gate Association beach will not terminate the fees paid.

A. Cabana Membership (4 Memberships) - $ 5999

B. Additional Memberships (up to 2 additional) $499 each membership

C. Lockers Single Occopancy $ 799

Please List each Member

2. Prices: Total cost for a Full Cabana is $5,999. This includes four (4) memberships. Two (2) additional memberships are available at $499 per membership. Maximum capacity for a Full Cabana is 6 members. Children under the age of two (2) years old are free, however, they do still count toward the maximum capacity of 6 members per cabana. Locker pricing is $799 for a single capacity locker, and you must be at least 18 years old to qualify for a locker membership. 50% of the contract price is due March 26, 2021, and the balance before May 15, 2021. If the entire balance is paid for a Full Cabana on or before March 26, 2021, the total membership will include five (5) members rather than four (4).

2(a). DEADLINE: The 50% deposit of the contract price is NONREFUNDABLE after May 15, 2021. It will not be applied as a credit, assigned to anyone, or used as prepayment for the any other season. The final deadline to pay the remainder of the contract price is JUNE 11, 2021. Deadlines will be adjusted accordingly, at SGA Beach Club discretion, to any memberships after the June 11th.

3. Guest Pricing: One member (not each) of a Full Cabana may be accompanied by no more than four (4) guests on any day and the cost per guest will be $25 during the weekday, and $35 per guest during the weekend (including Friday, Saturday, or Sunday), and holiday. Due to any Federal, State, or Local restrictions or ordinances or rules due to COVID, the Sea Gate Association Beach Club (“SGA Beach Club” or “SGA”) reserves the right to limit the number of guests and/or refuse admission.

4. Period of Operation: The membership fee shall entitle the member to utilize the equipment and facilities of the SGA Beach Club to the extent available and pursuant to the rules and regulations hereinafter promulgated by the SGA Beach Club from the period commencing May 29, 2021 through and including September 6, 2021. The SGA Beach Club will open on a limited basis until June 25, 2021. Management reserves the right to close the club at any given time at its sole discretion. SGA Beach Club will be open on weekdays from 11am to 8pm; and, 10am to 9pm on holidays and weekends including Fridays.

5. Transfer or Cancellation of Membership: A member may not transfer his or her membership to another person at any time. Membership rights may not be assigned or transferred. Cancellation or revocation of a membership for any reason will not entitle the member to any credit whatsoever.

6. Revocation of Membership: At the discretion of the Sea Gate Association and/or SGA Beach Club, a membership may be revoked at any time – if in the exclusive judgement of the Association – the member consistently fails to observe the rules and regulations or has otherwise behaved in a manner contrary to the best interests of the Sea Gate Association or its members/residents. If a membership is revoked there will be no refund or credit. No member or guest(s) having any pending litigation or legal action against the Sea Gate Association will be permitted onto Beach 1 or within the Beach Club area. Any member of guest(s) of a member attempting to evade Association Staff and/or gain entry to Beach 1 without paying the appropriate guest fee or showing proper Member ID(s) will be asked to leave the Association property and/or have their membership revoked. Revocation of membership will be at the sole discretion of the Sea Gate Association. Revocation of one membership will extend to ALL members at the Full Cabana #.

7. Member Risk: a. Medical Recommendation & Member Conduct: Members and Members’ guests shall hold the Sea Gate Association and SGA Beach Club harmless for any loss, theft, cost claim, injury, damage, or liability incurred with the Sea Gate Association. All members to this agreement represent that they are in good health and that there are no medical or exercise facilities. All members represent that they have not been instructed by any physician to refrain from using such or similar facilities. Physical examinations are recommended for all members and especially for members who are elderly, pregnant, unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems, or other chronic illness. Members and their guests shall not use the Sea Gate Associations facilities in such a way so as to endanger the health and safety of themselves or others. Members shall be responsible for any property damage or personal injury caused by them, their family, or their guests. Members or guests engaging in lewd or belligerent conduct will not be permitted on the Sea Gate Association beach, or within the Sea Gate Surf Club, and membership(s) will be revoked without refund or credit of any kind. All members are responsible for the conduct and actions of their children, relatives and/or guests. The abuse of the Sea Gate Association staff will be considered breach of this Agreement. Members and guests that are abusive to staff members will have all privileges revoked with no refund or credit.

b. Medical Disclaimer: Each member has been informed and acknowledges that the Association has not nor will suggest any medical treatment to members. Only licensed professionals are qualified to give medical advice. Members are instructed not to act on the advice given by any unlicensed employee until such advice has been verified with a licensed professional or their own physician. Unless presented by each member in writing, each member represents that there is no medical or physical condition which would prevent him or her from using any or all of the Sea Gate Association’s facilities, and each member further represents the he/she has not been instructed by any physician to do so. Any suggestions or advice that may be offered by SGA Staff are not to be construed as medical advice or substitution for professional medical advice. Some SGA Staff may be familiar with minor first-aid training. Any member or guest seeking other types of advice should consult with a health care professional. The SGA will be held harmless from any member(s) or guest(s) refusing emergency or first-aid care. In addition, the SGA will not be liable for actions by family members or third party affiliated of those receiving first-aid that in any way interfere with SGA Staff giving first-aid or care.

c. Activity Risk: Being a member or guest of the SGA Beach Club may include strenuous athletic or physical activity that involves certain risk. Members and members’ guests assume the risk of all accidents or injuries of any kind which may be sustained by reason of or in connection with the Sea Gate Association. Membership at the SGA Beach Club requires all members and guests to act responsibly both as it relates to themselves and the supervision of their children, relatives, and guests. All persons under the age of eighteen (18) must always be supervised by an adult. The SGA will be held harmless if injury or accident occurs to a minor that is not supervised. The member(s) in this Agreement represent that they are physically fit and are in good health. The SGA will be held harmless from any physical injury or accident that occurs because of the member not disclosing any mental, physical, or other previous and/or pre-existing condition that might lead to physical injury or accident.

d. Loss or Property Damage: The SGA shall not be liable for disappearance, loss theft, or damage to personal property. This includes, but is not limited to money, jewelry, clothing, radios, toys, furniture, food, or anything. The SGA will allow members to store their chairs, at their own discretion, within some empty cabanas overnight. SGA is not responsible for placing any chairs or umbrellas at the beach for members. Members will be responsible to bring and set up any items themselves. SGA does not take responsibility for or be liable for anything stored overnight. SGA is not responsible for theft or damages due to high tides, inclement weather, or for any reason whatsoever. Members are solely responsible for any personal property, or other types of property, they bring into Sea Gate.

8. General Provisions a. Members and Guest Rules: Members and guests shall abide by the rules and regulations of SGA and/or any amendments or modifications subsequently made by the SGA management. Management reserves the right to change any rule(s) without notice and/or modify the hour of beach operations or reduce any service at its sole discretion. Any member bringing a guest to the beach will be responsible for the guest and must ensure that the guest(s) follow the rules of SGA. No guest is permitted to use the SG Beach without a member being present. Members who bring guests will be held responsible for any property damage because of their guest(s) behavior or conduct.

b. Parental Supervision: Parents and adults are responsible for the supervision of the children accompanying them at all times. The SGA assumes no responsibility for the supervision or monitoring of any child at any time. Parents and adults are responsible for the supervising and monitoring of the accompanied children for as long as they are within the Sea Gate Association. No children (under the age of 18) will be permitted to use the beach without being accompanied by an adult.

c. Membership Cards and Security Policies: Members must present their own valid membership cards to the reception desk personnel upon entering the SGA Beach Club. Lost membership cards will be replaced for a fee of $50.00. Lost or stolen membership cards MUST be replaced. Membership privileges are limited to the person in whose name the membership is issued. Fraudulent or improper use of the membership card will result in confiscation of card and immediate cancellation of membership without refund or credit. There will be no substitutions or switching of names on membership cards. All membership cards must be picked up prior to May 25, 2021. All guests of members must always wear a wristband. Members and guests must fully comply with all security policies of SGA. Failure to comply with any security policy will result in members and their guests not being granted access to the SGA beach until they are deemed in compliance.

d. Pets, Bicycles, and other equipment: NO PETS ALLOWED. Additionally, any devices, equipment, or objects that the SGA, at its sole discretion, deems dangerous will not be permitted onto the beach. This includes, but is not limited to, skateboards, skim boards, rollerblades, scooters, water guns/water pistols. Any weapons or firearms of any kind are always prohibited regardless of whether the member or guest has a legal permit.

d(1). Danger posed by Service, Guide, or Hearing Dog: If the service, guide, or hearing dog poses a direct threat to the health and safety of others, SGA Beach Club staff will require that the dog be removed from the premises immediately. The direct threat may be growling and/or lunging at other patrons and you are unable to stop the behavior.

e. Restrictions: The following items and/or conduct are never permitted to be brought in or utilized within the Sea Gate Community or on the Beach:

• There are no fires of any kind allowed. 
•  There is no cooking and no BBQs allowed. 
• There is no smoking allowed. 
•  There is NO climbing on the rocks. 
•  There is No Fishing allowed. 
•  There are No glass containers or bottles of any kind allowed. 
• All CDC, Federal, State, and Local COVID guidelines and recommendations must be obeyed and observed. 

f. Failure to abide by all provisions included in this Agreement, and specifically Paragraph 8, will result in the member and their entire party being removed and, at the discretion of the Sea Gate Association, their membership(s) being revoked. In the event membership is revoked, SGA Beach Club will not issue any refunds or credits for any unused portion of the membership fee.

g. Management reserves the right to make any changes to any portion of this Agreement without any notice or consent.

9. Parking: Parking is allowed on a first come, first serve basis. We ask that all members and guests please park in the Parking Lot if you can.

I agree that I will not, and my guests will not, block any driveway, fire hydrant, or crosswalk. I understand that if I do, my vehicle, and my guest’s vehicles(s), will be subject to ticketing and towing at my expense.

I agree to park, and have my guests park, in the parking lot at the proper angle and not block any lane. I understand that failure to do so will result in my vehicle(s), or guests’ vehicle(s), being ticketed and towed at my expense.

I understand that Sea Gate is not responsible for any damages or loses to my vehicle due to road conditions or my vehicle(s), and my guests’ vehicle(s), being ticketed and towed.

10. The member signing this Agreement represents that he/she has informed all people in the respective ‘family’ of all the rules and regulations of the Sea Gate Association. This member is also representing that they have the authority to sign on behalf of all people in their ‘family’.

11. The member signing this Agreement represents that he / she has informed all people in their respective cabana of all rules and regulations of the SGA Beach Club. The undersigned also represents that they have authority to sign on behalf of all people in their cabana or locker share.

12. All photos, videos, testimonials, recordings, etc. may be used by the Club for promotional or advertisement purposes. Additionally, all photos, videos, testimonials, recordings, etc. made at the Club will become the immediate property of the Club. Anyone that receives a membership card is subject to this Agreement and all rules and polices of the Club.

13. Management reserves the right to enter and inspect any cabana or locker at any time and remove any club property or items that are not allowed in the club contained therein.

14. Beach and Pool a. Beach: Member acknowledges that NYC COVID Regulations, weather conditions, storms, etc. may cause the beach to close and/or erode the Sea Gate Beach. SGA is not responsible for any delay or inconvenience that is caused by the NYC Regulations, weather conditions or erosion. Members also agree to hold the Sea Gate Association harmless for any delays or periods of time that the beach may be closed. This hold harmless agreement includes any delays, interruptions, or cancellations at any time.

b. Pool: Management of the Sea Gate Association Beach Club reserves the right to close the pool at any time to ensure proper health and safety standards.

15. This Agreement is subject to any and all COVID restrictions and guidelines that are imposed by Federal, State, and Local governments. SGA Beach Club reserves the right, without any penalty or liability, to close the beach club, pool, specific areas, or the beach at its sole discretion due COVID restrictions and/or guidelines. SGA Beach Club staff may also restrict access to the beach club to any member(s) and/or their guest(s) due to COVID restrictions and/or guidelines.