MEMBER HEREBY RELEASES, DISCHARGES AND HOLDS HARMLESS BLACK ACRE TENNIS CLUB, LLC (THE “CLUB”) AND GOODSTOCK REALTY COMPANY, LLC, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, SPONSORS, OWNERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF MEMBER’S USE OF THE CLUB, INCLUDING IF APPLICABLE THE INDOOR POOL LOCATED AT THE CLUB, OR ANY ACTIVITY OR EVENT RELATING THERETO, AND MEMBER DOES HEREBY COVENANT AND AGREE THAT HE/SHE WILL NOT SUE OR OTHERWISE MAKE ANY CLAIM AGAINST RELEASEES FOR ANY REASON OTHER THAN GROSS NEGLIGENCE OR WILFULL MISCONDUCT.
Member hereby agrees to indemnify, defend, and hold harmless the Club from any injury, loss or liability whatsoever including reasonable attorneys' fees and/or any other associated costs, from any action, claim, or demand that Member, Member’s heirs or legal representatives, has or may have for any and all personal injuries Member may suffer or sustain, regardless of cause or fault as a result of, arising out of, associated with, or resulting directly or indirectly from Member’s voluntary participation in or decision to participate in Club activities, or travel to and from all Club activities.
Member attests that he or she is physically and mentally capable of participating in Club activities and has no known health restrictions that might jeopardize his or her safety or health or the safety or health of others during their participation in Club activities. Member hereby consents to the rendering of emergency first aid and other medical procedures, which at the time of injury or illness seems reasonably advisable. Member further understands that he or she will be responsible for payment for any such medical procedures. Member hereby agrees to abide by all applicable rules and regulations and codes of the Club as the same as may be adopted by the Club from time to time. Member understands that strength, flexibility and other exercise involve the risk of injury. Member is voluntarily using the Club with knowledge of the dangers involved. Member will not extend him or herself beyond his or her abilities, or if Member does so, it will be at his or her own risk.
Member has been informed that Member should consult with a physician concerning participation in any tennis activity and that Member should obtain advice as to how to participate in relationship to his or her state of physical condition. Member either has obtained such advice from a physician or acknowledges that Member has decided to participate in tennis activities without obtaining the advice of a physician.
Member understands that the Club is for playing and/or practicing tennis only (and swimming, if applicable to Member’s membership) and that Member will clean up the court after each use. No pets, glass, alcohol, bicycles, skateboards, basketballs, soccer balls, baseballs or other non‐tennis products or equipment are allowed on the tennis court. Member understands that the Club will not be staffed full time, and that it is Member’s responsibility to become familiar with the facility and fully understand its proper use. Member acknowledges that no employee or representative of the Club is responsible for supervising Member and/or instructing member on the use of the Club. Member acknowledges that the use of the saunas at the Club is limited to periods of time during which the Club is staffed and Member will only use the saunas during such periods.
Member understands that this liability waiver is stated in broad terms. If any portion of this liability waiver is held invalid, the remainder will continue in effect. Failure to comply with this agreement will result in forfeiture of Member’s rights to use of Club facilities. Member hereby warrants that Member has read this liability waiver in its entirety, and Member fully understands its contents and intends to be bound by the contents contained herein. This liability waiver shall be construed in accordance with, and governed by, the laws of the State of New York. The venue for any action arising out of this liability waiver or Member’s use of the Club shall be the County of Ulster, State of New York. The parties agree to submit to personal jurisdiction in Ulster County, New York.