If accepted, I understand that I have the use of the appropriate facilities for my type of membership as determined by the Club from time to time, as long as I am a member in good standing. I further understand that all memberships may be terminated for violation of the By Laws or Rules and Regulations of the Club.
The Member understands and agrees that rights, privileges, duties and obligations of members of the Club are described and governed by the Rules and Regulations of the Club and by all revisions thereof duly made by or under the authority of the Membership Committee of the Club, and by the provisions of this MEMBERSHIP AGREEMENT. It is understood that a membership is a contractual right; it is non-equity and non-participatory except as provided for in the By-Laws.
I hereby agree to pay, when due, all dues and fees assessed by the Club as a condition to my continuation as a member, and I acknowledge that certain late charges may, from time to time, accrue if I am thirty (30) days in arrears in paying said dues and fees. I am aware that all delinquent members’ names may be posted in the clubhouse or on Notice Boards after thirty (30) days. A member may resign from the Club at any time a by giving written notice to the Club. Notice in writing of intent to resign from the Club must be presented at least thirty (30) days prior to the date the resignation is to take effect. All outstanding charges must be paid at the time of notification.
I understand that all memberships offered by the Club are mere licenses, which permit their holders and certain additional persons (as provided for in the Rules and Regulations) to use and enjoy the facilities of the club. The holders of memberships in the club shall neither individually nor collectively have any proprietary rights, title or interest in or to any participation in the corporation management or control of the finances, assets, activities, or Rules and Regulations of the Club.
The applicant for this membership must be approved by the Membership Committee of the Club. Approval of this application by the Membership Committee will be signified by the execution of the Membership Application and Membership Agreement by the Membership Committee, which reserves the right to reject the application of any person.
I have read this agreement, the Rules and Regulations, and the By-Laws of the Club. I agree to accept and abide by this agreement, the Rules and Regulations, Articles and By-Laws and agree that I shall not engage in any conduct which shall be in violation thereof or detrimental to the interest and purposes of the Santa Barbara Polo & Racquet Club Management Company, Inc. I understand that if I do so, I may forfeit all my rights and privileges of membership. I also understand that the Rules and Regulations are amended from time to time.
BY THIS AGREEMENT, YOU ASSUME RISKS, RELEASE YOUR RIGHT TO SUE, AND AGREE TO PAY FOR INJURIES AND DAMAGE TO OTHERS. Please read carefully before signing.
As a condition of enjoying the benefits offered by Santa Barbara Polo & Racquet Club Management Company, Inc., as a member, guest, sports participant, or otherwise, and entering onto SBPRC Property, the undersigned agrees:
1. Understanding and Assuming Risks. I understand that there are significant risks of engaging in any and all of the various activities sponsored by Santa Barbara Polo & Racquet Club Management Company, Inc. (referred to as "SBPRC") or that take place at 3300 Via Real, Carpinteria, California, or property leased or controlled by SBPRC, including polo fields, swimming pool, spa, gym, showers, dressing rooms, club houses, walkways, exercise equipment, locker rooms, parking lots, stairs, tennis courts, lobby (collectively, “SBPRC Property”) including risks from unauthorized activities, collectively called the "Activities." The Activities include, without limitation, polo, arena polo, horse riding, other horse or equestrian related activities, swimming, tennis, exercising, weight training, golf cart riding, and any training related to any such Activities, whether any of the Activities are supervised or unsupervised. Further, I understand that engaging in Activities and being in close proximity to horses involves substantial risks of bodily injury and death, emotional injury, injury to reputation, and other personal injury, to me and to other persons (whether or not participating in the Activities) and damage to personal property, from hazards including, without limitation: falls; collision with other participants, horses or objects; being kicked or thrown off by horses; hit by mallets, racquets or balls; slipping, falling, drowning; being injured by other participants, onlookers or horses, or by defects in equipment, grounds or facilities, whether the hazards are inherent in the Activity, or caused by the negligence of others, SBPRC or its employees, contractors, managers, staff, others, or not. I also understand that some Activities are physically strenuous and that I may be exerting myself, and could be injured or die as a result of Activities resulting from a known or unknown medical condition. I expressly assume all risks and release and will not sue or hold the Released Parties (defined below) responsible for bodily injury, emotional injury, death, property damage or any other injury or damages resulting from these risks, including any Claims (defined below). I choose to proceed with Activities in spite of these risks and assume the risk of any personal injuries, property damage, death, or any other injury or damages that result from participation in the Activities.
I also understand and agree that under no circumstances whatsoever, existing now or in the future, shall SBPRC have a duty to provide lifeguards or medical support to me or any other person participating in or observing the Activities or at SBPRC Property, including ambulances, doctors, EMTs, defibrillators, urgent care, or any other type of medical support. I understand and agree to this despite such medical support being present, or having been present, or which may be present in the future, for the Activities or at SBPRC Property. If I desire medical support, I will be responsible for providing my own medical support at my own cost and expense. I further understand and agree that any medical support present during, or in connection with, any Activities or otherwise present at SBPRC Property is not provided by SBPRC, but is provided by a third party contractor or other service unrelated to and not connected to SBPRC, for which SBPRC is not responsible.
2. Waiver and Release from Liability. The “Released Parties” are: (1) Santa Barbara Polo and Racquet Club Management Company, Inc. and Santa Barbara Polo Club, Inc., and each of their assigns, employees, agents, managers, officers, trustees, directors, members, guests, instructors, contractors, independent contractors, volunteers, interns, subcontractors, trainers, coaches, and any persons providing emergency life or medical support, including EMTs, doctors, veterinarians, lifeguards, and others); (2) the owners, lessees, lessors, and persons or entities in possession or control of any property where SBPRC Activities, training or events are held, including SBPRC Property; and (3) each of their and SBRPC’s respective event participants, spectators, referees, members, guests, umpires or other officials.
In consideration of being permitted to enter SBPRC’s facilities for any purpose, including, but not limited to, participating in or observing any Activities, use of facilities, SBPRC Property, or services or equipment, I and my assignees, heirs, distributees, guardians, children, estate, executors, and legal and personal representatives (collectively, “Releasing Parties”) agree to the following: I am authorized to and on behalf of Releasing Parties do hereby release, waive, and hold harmless Released Parties from any and all present, past, or future liability, claim, demand, lawsuit, loss, cause of action, damages, costs, or attorneys fees (collectively “Claims”), including, but not limited to, those Claims brought or suffered by me, my family, my employees, my guests, or my estate, heirs, or assigns, or any Releasing Parties, and I am authorized and do hereby waive on behalf of the Releasing Parties any Claims, including any past, present, or future Claims arising from any injury to person or property,
including death, whether caused by the active or passive negligence of Released Parties or otherwise, while in, upon or about SBPRC Property, or arising from use or presence upon SBPRC’s facilities, services or equipment, or observing or participating in Activities.
3. Indemnity and Hold Harmless Agreement. I and the Releasing Parties agree not to make a Claim against or attach the property of the Released Parties, and further agree to defend, save and hold harmless, and indemnify Released Parties from any Claims (including, but not limited to, those Claims brought or suffered by me, my family, my employees, my guests, or my estate, heirs, or assigns, or any Releasing Parties) that Released Parties may incur due to Releasing Parties presence in, upon or about SBPRC’s Property or by observing or using any of SBPRC’s facilities, services or equipment, or observing or participating in any Activities, whether caused by the negligence of Released Parties or otherwise. I further expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the Sate of California, and that if any portion of the foregoing release and waiver is held invalid, then it is agreed that the remainder of this agreement shall continue in full force and effect. This agreement, to the extent permitted by California law, includes Claims based on negligence of a Released Party and whether or not based on a risk inherent in the Activity. This agreement and its interpretation and enforceability shall be governed by the laws of the State of California. The provisions of this agreement shall survive any of the Releasing Parties’ death, incapacity, or incompetence, and shall survive and remain in full force and effect after my or any Releasing Parties’ membership at SBPRC has been terminated or expired.
BY THIS AGREEMENT, I FREELY AND VOLUNTARILY ASSUME RISKS, AGREE TO PAY FOR INJURIES AND DAMAGE, TO DEFEND OTHERS, AND RELEASE MY RIGHT TO SUE, INCLUDING, BUT NOT LIMITED TO, ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND HOLD HARMLESS AGREEMENT BY READING IT BEFORE I SIGNED IT. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE TO ME.
I am 18 years or older and legally competent to sign this liability release, unless the written consent of a parent or guardian has been given in writing. I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free act.
I HAVE RECEIVED AND READ A CURRENT COPY OF THE RULES AND REGULATIONS OF SBPRC.