Member Waiver of Liability

BELOW IS A COPY OF THE MEMBER AND GUEST WAIVER OF LIABILITY AS IT IS PROVIDED TO GOOD COMPANY MEMBERS UPON JOINING AS A MEMBER. 

 

 

GOOD COMPANY SANTA BARBARA, LLC

MEMBER AND GUEST WAIVER OF LIABILITY AGREEMENT

This Member and Guest Waiver of Liability Agreement (the "Agreement") is entered into on this [Date], by and between Good Company Santa Barbara, LLC (the "Club"), a California limited liability company, and [Member's Name] (the "Member"), with respect to the following:

1. Acknowledgment of Risks

The Member acknowledges and understands that participation in the activities and use of the facilities at Good Company Santa Barbara, LLC (the "Club") involves inherent risks. These risks include but are not limited to, physical injury, emotional injury, property damage, illness, or death that may result from participation in social events, recreational activities, or any other services or offerings by the Club.

The Member further acknowledges that this waiver extends to family members, children, and guests invited by the Member to the Club’s premises or to events hosted by the Club. The Member assumes responsibility for informing all invited guests and family members of the risks associated with their participation in Club activities and the use of Club facilities. This includes Member space rentals and extends to all included guests.

The Member understands that these risks can arise from their own actions, inactions, or negligence, as well as the actions, inactions, or negligence of others, including other members, staff, contractors, guests, and family members.

2. Release of Liability

In consideration of being granted membership and the opportunity to participate in activities offered by the Club, the Member hereby voluntarily agrees to the following:

  • The Member releases and forever discharges Good Company Santa Barbara, LLC, its owners, officers, directors, employees, agents, affiliates, contractors, and other members from any and all liability, claims, demands, actions, or rights of action, whether known or unknown, anticipated or unanticipated, that arise out of or relate in any way to the Member’s participation in activities at the Club.

  • This release extends to the Member’s family members, children, and guests who are present at the Club’s premises or participating in any activities or events. The Member assumes full responsibility for the behavior, safety, and well-being of all guests and family members.

  • This waiver includes, but is not limited to, any claims for personal injury, illness (including COVID-19 or other communicable diseases), death, or property damage arising out of participation in activities or use of Club facilities by the Member, their family members, or guests.

3. Assumption of Risk

The Member fully understands, acknowledges, and voluntarily assumes all risks related to participation in activities at the Club, including risks to their family members, children, and guests. The Member acknowledges that:

  • The facilities and activities offered by the Club may involve risks that cannot be eliminated, regardless of the care taken to avoid injuries.

  • Participation is entirely voluntary, and the Member has had the opportunity to decline participation in any activity that the Member, their family members, or guests believe may present unreasonable risks.

  • The Member agrees to assume full responsibility for any injuries, damages, or losses sustained while participating in on or off site Good Company activities or when using the Club's facilities, including those incurred by family members, children, or guests.

4. Indemnification

The Member agrees to indemnify and hold harmless Good Company Santa Barbara, LLC, its owners, officers, directors, employees, agents, affiliates, contractors, and other members from any claims, demands, actions, or causes of action brought by third parties, arising out of the Member’s conduct or participation in on or off site Good Company activities, or when at the Club, or the conduct of the Member’s family members, children, or guests. This indemnification includes, but is not limited to, reasonable attorneys' fees and costs.

5. Health and Safety

The Member certifies that they, their family members, children, and guests are in good physical condition and are able to safely participate in the activities offered by the Club. The Member agrees to comply with all health and safety protocols, rules, and instructions established by the Club, including but not limited to any guidelines related to infectious diseases such as COVID-19.

6. Guests and Children

The Member acknowledges that they are fully responsible for the actions, safety, and behavior of any guests and children that they bring to the Club. The Member agrees to supervise children at all times and ensure that their guests and children comply with all Club rules and regulations.

  • Minors: The Member acknowledges that any minor children under their supervision are not permitted to use certain Club facilities or participate in certain activities without adult supervision, in accordance with the Club's policies. The Member agrees to abide by these rules and ensure that minors remain in designated safe areas.

7. Use of Alcohol and Other Substances

The Member acknowledges that alcohol and other substances may be available at certain Club events and activities. The Member agrees to exercise responsible consumption and behavior at all times and will ensure that their guests and family members do the same. The Member assumes all risks associated with the consumption of alcohol or other substances and releases the Club from any liability arising from incidents involving the Member, their family members’, or guests’ consumption of alcohol or other substances.

8. Binding Effect

This Agreement is binding upon the Member, their heirs, next of kin, executors, administrators, personal representatives, family members, children, and guests.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Santa Barbara County, California.

10. Severability

If any provision of this Agreement is found to be unenforceable or invalid, the remainder of the Agreement shall remain in full force and effect.

11. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior agreements, whether written or oral, related to the same. No amendments or modifications to this Agreement shall be effective unless in writing and signed by both parties.

 

 

Member Acknowledgment and Signature

By approving this Agreement, I acknowledge that I have carefully read, fully understand, and voluntarily agree to the terms and conditions of this Member and Guest Waiver of Liability Agreement. I understand that this Agreement extends to my family members, children, and guests. I am aware that by signing this Agreement, I am giving up certain legal rights, including the right to sue, and I voluntarily do so.