This waiver is required by all guests attending the Brooklyn Beach Club. One waiver is required of each person over the age of 18. Please list each child under the age of 18. This waiver & release is valid for today only.
1. Member & Guest Risk:
· a. Medical Recommendation & Conduct: Guests shall hold the Sea Gate Association and Brooklyn 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 guest 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 guests 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. 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. Guests shall be responsible for any property damage or personal injury caused by them. Guests engaging in lewd or belligerent conduct will not be permitted on the Sea Gate Association beach, or within the Brooklyn Beach club, and daily guest pass(s) will be revoked without refund or credit of any kind. Guests 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 a breach of this Agreement. Guests that are abusive to staff members will have all privileges revoked with no refund or credit.
· b. Medical Disclaimer: Each guest 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. Guests 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 guest in writing, each guest 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 guest further represents that 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 guest seeking other types of advice should consult with a healthcare professional. The SGA will be held harmless from any guest(s) refusing emergency or first-aid care. In addition, the SGA will not be liable for actions by family members or third party affiliates of those receiving first-aid that in any way interfere with SGA Staff giving first-aid or care.
· c. Activity Risk: Being a guest of the Brooklyn Beach Club may include strenuous athletic or physical activity that involves certain risk. 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. Daily guest pass at the Brooklyn Beach Club requires all 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 guest(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. SGA is not responsible for placing any chairs or umbrellas at the beach for guests. Guests 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. Guests are solely responsible for any personal property, or other types of property, they bring into Sea Gate.
Risks include, without limitation, swimming pool related risks such as injury from slippery surfaces, drowning, physical injury and death, as well as beach and ocean use risk such as injury from sharp objects in the sand, currents, ripe-tides, and wildlife attacks.
2. General Provisions
· a. Guest Rules: 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. All guests of members must always wear a wristband. 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, skimboards, 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.
· e. 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.
· f. 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.
· g. Failure to abide by all provisions included in this Agreement, will result in the guest and their entire party being removed and, at the discretion of the Sea Gate Association, their guest pass(s) being revoked. In the event guest pass(s) are revoked, Brooklyn Beach Club will not issue any refunds or credits for any unused portion of the membership fee.
· h. Management reserves the right to make any changes to any portion of this Agreement without any notice or consent.
· i. Parking is allowed on a first come, first serve basis. We ask that all guests please park in the Parking Lot if you can. Guests agree that they will not, block any driveway, fire hydrant, or crosswalk. I understand that if I do, my 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 losses to my vehicle due to road conditions or my vehicle(s), and my guests’ vehicle(s), being ticketed and towed.
· j. The Guest 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 guest is also representing that they have the authority to sign on behalf of all people in their ‘family’.
· k. The guest 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.
· l. All photos, videos, testimonials, recordings, etc. may be used by the Club for promotional or advertising purposes. Additionally, all photos, videos, testimonials, recordings, etc. made at the Club will become the immediate property of the Club.
· m. Management reserves the right to enter and inspect any cabana, cabanette or locker at any time and remove any club property or items that are not allowed in the club contained therein.
· n. Beach and Pool: Guest 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. Guests 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. Management of the Brooklyn Beach Club reserves the right to close the pool at any time to ensure proper health and safety standards. Guest understands, acknowledges and agrees to that NO RAINCHECK, REFUNDS OR CREDITS WILL BE ISSUED DUE TO ANY TYPE OF CLOSURE.
· o. This Agreement is subject to any and all COVID restrictions and guidelines that are imposed by Federal, State, and Local governments. Brooklyn 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. Brooklyn 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.
3. Acknowledgement Release and Waiver: BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. READ CAREFULLY BEFORE SIGNING!
In consideration of being allowed to enter utilize the Brooklyn Beach Club located within the Sea Gate Community, the undersigned acknowledges, appreciates, and agrees that:
a. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY ASSUME ALL OF THE RISKS OF ATTENDING THE BROOKLYN BEACH CLUB INCLUDING THOSE EXPRESSLY LISTED HEREIN, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (defined below), including without limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I further acknowledge and assume the risks of any and all injury and illness (including exposure to COVID-19) from the activities involved in my participation in this activity, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist.
b. I acknowledge that activities I may participate it at the Brooklyn Beach Club may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, condition of participants, equipment, inclement weather, vehicular traffic, actions of other people including, but not limited to, participants, spectators, residents, and wildlife, without limitation, swimming pool related risks such as injury from slippery surfaces, drowning, physical injury and death, as well as beach and ocean use risk such as injury from sharp objects in the sand, currents, ripe-tides, and wildlife attacks.
c. I certify that I am physically fit, and have not been advised to not swim or engage in related activities by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
d. I acknowledge that this Waiver and Release of Liability Form is being used by The Sea Gate Association, and that it will govern my actions and responsibilities at the Brooklyn Beach Club.
e. I understand that swimming is a HAZARDOUS activity and I understand and agree to only swim when a lifeguard is present.
f. I understand that the Association may further regulate my participation in activities at the Brooklyn Beach Club at its discretion.
g. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard while at the Brooklyn Beach Club, I will remove myself from participation and bring such to the attention of the nearest Association representative immediately. I further agree to comply with any rules and regulations and/or directives of the Association concerning the Brooklyn Beach Club.
h. The fullest extent permitted by law, on behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns, I WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from the Brooklyn Beach Club location, THE FOLLOWING ENTITIES OR PERSONS: The Sea Gate Association, its affiliates, officers, employees, agents, representatives and volunteers, (the “Releasees”).
i. The fullest extent permitted by law, I AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Releasees from any and all liabilities, claims, demands, causes of action, illness, damages, losses, costs, expenses (including reasonable attorneys’ fees) of any kind or nature which may arise out of, result from, or relate in any way to my activities at the Brooklyn Beach Club or utilization of the any facilitates or equipment, including claims caused in whole or in part by negligence, omission, breach of contract or wrongful conduct of the Releasees.
j. I AGREE, UNDERSTAND AND ACKNOWLEDGE THAT NO RAIN CHECKS, REFUNDS OR CREDITS WILL BE ISSUED DUE TO ANY TYPE INCLEMENT WEATHER CONDITIONS INCLUDING CLOSURES TO THE POOLS OR OCEAN. ALL SALES ARE FINAL.
k. I agree that the purpose of this Waiver and Release is that it shall be an enforceable as broad and inclusive as is permitted by New York law. I agree that if any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Release.
l. Applicable Law and Forum. This Release shall be construed in accordance with the laws of the State of New York, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with this activity shall be brought only in a Court of competent jurisdiction within Kings County, New York, and I agree to the jurisdiction and venue of those courts for any such dispute.