The Waterline Club - Membership Agreement
1. This Agreement
This Agreement is a license granted by the Owner of The Waterline Club (‘’The Licensor’’) to the above named Member, who represents that they are a tenant or registered occupant of Waterline Square New York, New York 10023 (the ‘’Building’’). This Agreement is not a lease. This is the complete agreement of the parties relating to The Waterline Club membership. All prior representations by either party are irrelevant unless in writing in this Agreement. This Agreement may not be modified except by a writing signed by bother parties to this Agreement. The captions in this Agreement are for convenience only and have no legal meaning. This Agreement will be construed in accordance with the laws of the State of New York.
2. Risks
a. It is the Member’s responsibility to make sure the Member is in good enough health to use the Facilities covered by this Agreement.
b. The member understands that exercise and the use of the pool or other facilities of the Club are potentially hazardous and involve increased risk of injury and even death, and that the Member’s participation in such activities is with knowledge of such risks.
c. The Licensor provides no supervision.
d. The use of the Facilities covered by this Agreement is at the Member’s risk.
e. The Licensor is not liable for injury caused by damage to the facilities covered by this Agreement where such damage was caused by any Member or Guest, whether the Member who signs this Agreement or some other Member or Guest.
f. The Licensor is not responsible for any personal property the Member may bring to the facilities.
3. The Facilities
The facilities covered by this Agreement (the ‘’Facilities’’) currently include but are not limited to the following: tennis court, basketball court, athletic field, squash court, rock climbing wall, skate park, golf simulator, fitness center, Pilates studio, boxing/MMA studio, yoga studio, pool, hot tub, locker rooms, steam rooms, saunas, treatment rooms, spa area, Nexus great room and work stations, Club room, catering kitchen, game lounge, bowling alley, card parlor, screening room, business suite, gardening studio, art studio, music studio, audio/visual studio, kids adventure club, kids party room. The Licensor may at will add to, subtract from, substitute, rearrange, or reconfigure the facilities included in this Agreement with no diminished fees charged to the Member for the period covered by this Agreement. The Licensor may at reasonable times and for reasonable durations close or close off all or part of the Facilities for purpose of maintenance to, repair of, private events and functions, addition to, subtraction of, substitution of, rearrangement of, or reconfiguration of the Facilities with no diminished fees charged to the Member for the period covered by this agreement. Licensor reserves the right from time to time to close the Facilities for private events. No Member shall use the Facilities during such times except by invitation. The Facilities, equipment, class offerings, amenities, and schedules for the Club are subject to change at any time without prior notice.
4. Persons Eligible to be Members
The only persons who may be ‘’Members’’, as such term is used in this Agreement, are Tenants of the Building and to others named as Registered Occupants. Where a tenant in the Building fails to continue to meet any of these criteria, this Agreement shall automatically terminate without notice to the Member. Grounds for such automatic terminations all include but not limited to:
a. The issuance of a warrant of eviction regarding the apartment where the Member is the tenant, family member of tenant or occupant of the apartment (‘’Registered Occupants’’).
b. Surrender, termination, and/or vacatur by the Member of the apartment in the Building.
c. Failure of Member to be a Tenant of the Building in good standing, i.e. Member’s failure to timely pay rent of the apartment, if Member becomes a nuisance, etc., and/or violates any terms or provisions of their apartment lease.
d. For safety and security reasons, Licensor has zero-tolerance for violations of any of the rules and regulations set forth herein. Licensor will immediately revoke this Agreement if Member or any Registered Occupant or Guest violates any of the rules or regulations set forth herein or if the Member or their Guests behave in a manner determined by Management to be inconsistent with the following:
5. Policies and Regulations
a. Use of any cameras, cellular telephone cameras, or video recording devices are strictly prohibited within the fitness center, pool, and locker rooms.
b. No personal audio systems or speakers are permitted in any of the Facilities except those that can be used with personal headphones.
c. All Members using any of the Facilities are responsible for returning the equipment and/or furnishings to its proper location and for cleaning the machines, equipment, supplies, and/or furnishings they have been using.
d. No personal belongings are to be left overnight, and, if any belongings are left overnight, Member acknowledges that Licensor has no responsibility or liability for the loss or damage of said belongings. No equipment and/or furnishings shall be removed from any of the Facilities.
e. Members may be denied access to a group exercise class or event if they are late. Members are given priority over Guests on all classes and events.
f. Members are not permitted to bring into the Facilities any persons who are not members themselves, their Guests, or their Independent Service Provider unless approved by the Licensor.
g. All members including children of any age are required to have their own individual membership. Members under the age of 16 are required to also have a parent/guardian as a member.
h. Membership is non-transferable. Membership has no holds, only cancelations and/or rejoins.
i. Cancellation Policy: Member may cancel their membership agreement without any penalty or further obligation with at least forty-five (45) days prior written notice to Licensor. Cancellation notices may be sent via email to: thewaterlineclub@waterlinesquare.com. The membership cancellation will become effective (45) days from the date the cancellation request is received.
j. Guest Policy: Each Member has three (3) complimentary Guest passes per month. Each additional Guest is $20 per visit. Guests will not be allowed in the Club without member present and signing the guest waiver. No more than three (3) guests are allowed entry at one time. If a member wishes to bring in more than three (3) guests at a time they are required to make a paid private amenity reservation and occupy only the designated amenity space for the duration of the reservation.
k. Independent Service Providers: Members may bring their own Independent Service Providers (i.e. personal trainers, massage therapists, etc.) into The Waterline Club provided that the Member’s desired Independent Service Provider meets the requirements set forth in The Waterline Club rules and the Independent Service Provider agreement form including insurance and certificates, and pay a fee of $20 per visit.
l. Age Requirements: Anyone under the age of 13 must always be accompanied by an adult throughout The Waterline Club. No one under the age of 16 is permitted to use the Fitness Center or strength training areas. The Golf Simulator is 16+ and anyone under 16 must be accompanied by an adult. The Card Parlor is 18+ only.
m. Room Reservations: All amenity spaces are first come first served with the option to reserve for private exclusive use, excluding the Business Suite, Pilates Studio, and Fitness Center. Reservations have hourly rates. Members may reserve most rooms at any time up to 30 days in advance, 1 hour minimum, 4 hours maximum, with a 12-hour cancellation policy. Guest fees are included in all amenity reservations. The following rooms have separate agreement policies and security deposit requirements: Rock Climbing Wall, Card Parlor, Club Room, Game Lounge, Gardening Studio, Kids Adventure Club, Kids Party Room, Pool, Salon, and Nexus.
n. Any Member suffering from any contagious condition, disease, open cuts, sores, abrasions, infections, or ailment making it unsafe or medically imprudent to use the Facilities should not do so. Any Member or Guest suffering from any condition or disease that may harm the health of another Member or Guest should not use the Facilities.
o. Signs: All members and guests must abide by all signs posted throughout the Club as if they were part of the Club rules.
p. Smoking including vaping is prohibited in The Waterline Club.
q. Proper attire is required throughout the Club including shirts and shoes on at all times.
Non-marking closed toed athletic shoes are required in the basketball court, tennis court, squash court, and fitness areas. Street wear or thong style swim wear are prohibited inside the pool, hot tub, steam room, and sauna.
r. Club participants must shower before entering the pool and/or hot tub. Club participants are required to follow posted signs in the pool and lifeguard directions.
s. Club participants must leave the Club promptly at closing.
6. Fees
a. Membership fees will be charged to rental Tenants on the monthly rent bill and will be a line item on the Tenant’s rent statement. Nonpayment of membership fees may lead to termination of membership.
b. Member Caused Damage: Upon the Licensor’s demand, the Member shall pay to the Licensor the cost of replacement or repair of any equipment or facilities belonging to the Licensor and damaged or destroyed by the Member or any person using the Facilities with the Member’s consent, regardless of whether the Licensor has consented to the damaging person’s use of the Facilities.
c. Additional Fees: If a Member wishes to reserve for private use any of the spaces available for reservation, a private amenity reservation is required along with associated hourly reservation fees.
7. Representations by Member
The member represents to the Licensor, with the knowledge that the Licensor is relying on this representation as an inducement to enter this Agreement and the facility of any of which will cause this Agreement to be automatically terminated, in addition to whatever other legal remedies the Licensor may have:
a. The Member is the Tenant, or Registered Occupant of an apartment in Waterline Square.
b. The Member does not have health conditions that could pose any health risk to the Member or another person.
c. The Member has been examined by a physical of the Member’s choice if needed, and such physician has pronounced that physician’s approval of the Member’s use of the Facilities.
8. Notifications by Member
The Member shall immediately notify the Licensor as soon as the Member or any of the Registered Occupants acquires a health condition that could pose any health risk to the Member or another person.
9. RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
Member hereby acknowledges and agrees that use of the Facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and Member assumes full responsibility for such risks. In consideration of being permitted to enter the Facilities for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees to the following: Member hereby releases and holds Licensor and LIVunLtd. LLC and any of its partners, member affiliates, subsidiaries, parent companies, stockholders, directors, trustees, officers, employees, contractors, invitees, agents, attorneys and their respective predecessors, heirs, successors, and assigns and the supplier of any of the equipment in the Facility (individually and collectively, “Releasee”) harmless from all liability to Member and Member’s personal representatives, assigns, heirs and next of kin for any loss or damage, and Member forever gives up any claims or demands, therefore on account of injury to Member’s person or property, including injury leading to Member’s death, whether caused by the active or passive negligence or gross negligence of Releasee or otherwise to the fullest extent permitted by law while Member is in, upon or about the Facilities or using the services or equipment. Member also hereby agrees to indemnify, defend and hold harmless Releasee from any loss, liability, damage, or cost Releasee may incur due to Member’s presence in, upon, or about the Facilities or in any way observing or using any facilities or equipment of Licensor whether caused by Member’s own negligence or otherwise. Member represents (a) that Member is in good physical condition and has no disability, illness, or other condition that could prevent Member from exercising without injury or impairment of Member’s health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impair Member’s health. Such risk of injury includes (but is not limited to): injuries arising from Member’s use or the use of others of exercise equipment and machines; injuries arising from Member’s participation or the participation of others in supervised or unsupervised activities or programs at, in or about the Facilities; injuries and medical disorders arising from exercising at, in or about the Facility such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere at, in or about the dressing rooms, showers and other facilities associated with the Facility. Member further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause, and agrees that no oral representations, statements or inducement apart from this agreement have been made. The terms and provisions of this Release shall be binding upon and benefit the respective successors and assignees, heirs, distributees, guardians, and legal representatives of the undersigned and Licensor.
10. Training
The Licensor makes no representations whether or not the Licensor or the company servicing/programming The Waterline Club will provide full-time personal trainers, full-time lifeguards, swimming instructors, or supervisors (“Staff”) at the Facilities, whether or not any so provided will or may be continued, and whether or not such trainers will have access or any or all elements of the Facilities. In no event shall the provision or failure to provide such Staff constitute part of the consideration of this Agreement. The Member is solely responsible to acquire on the Member’s own proper training or instruction regarding the use, operation, and safety procedures of any and all equipment at the Facilities, whether provided by the Licensor or provided by another person. Such training or instruction must be acquired by the Member prior to using the Facilities. If the Licensor permits a personal trainer or instructor access to any or all elements of the Facilities, the Licensor reserves the right as a prerequisite to such access to require of the personal trainer or instructor proof of insurance satisfactory in form to the Licensor insuring both the personal trainer or instructor and the Licensor as an additional insured for any and all liability arising out of the Member’s use of the Facilities.
a. Any Independent Service Provider permitted by the Licensor must satisfy the Licensor’s rules, regulations, policies, and /or requirements.
11. Representations and Warranties by the Licensor
The Licensor neither makes nor implies any representations or warranties as to the adequacy, safety, or use of any of the equipment at the Facilities. With respect to such equipment, the Licensor neither makes nor implies any representations or warranties that such equipment is suited or fit for any particular purpose except its intended purpose.
12. Use of the Facilities
The Licensor may at any time promulgate or amend any rules and/or policies regarding the usage of the Facilities. Such rules and/or policies shall be in the Licensor’s sole discretion and shall not be subject to question in any forum.
13. Member Caused Damage
Upon the Licensor’s demand, the Member shall pay to the Licensor the cost of replacement or repair of any equipment or facilities belonging to the Licensor and damaged or destroyed by the Member or any person using the Facilities with the Member’s consent, regardless of whether the Licensor has consented to the damaging person’s use of the Facilities.
14. Assignment
The Member may not assign the Member’s rights under this Agreement.
15. Termination and Suspension
The Licensor may terminate or suspend this License without any refund to the Member for any of the following reasons:
a. Nonpayment of membership fees.
b. Any misrepresentation by the Member to the Licensor made in this Agreement.
c. Failure of the Member to abide by the Member’s obligations under this Agreement.
d. Failure of the Member to abide by rules, regulations, and policies posted in the Facilities as such may be promulgated or amended by the Licensor from time to time.
e. The Member engaging in or permitting another person to engage in objectionable behavior as the Licensor, the Licensor’s agent, or the Licensor’s employee reasonably determines to be objectionable in their sole discretion.
f. The Member is the tenant of record of the apartment where another Member resides, and such other person engages in any conduct which permits the Licensor to terminate or suspend this license.
g. The Member uses a cellular telephone camera or video recording device in any of the areas of this facility where cameras are restricted (i.e., locker rooms, pool, fitness center).
Member acknowledges that Member’s use of the Facilities is subject to the rules, regulations, and policies of the Building and the Facilities and that such rules, regulations, and policies are subject to change from time to time in Licensor’s sole discretion.
Member further acknowledges that the rules, regulations, and policies of the Building and the Facilities have been made available to them and that the failure to comply with such rules, regulations, and policies may result in Licensor’s termination of the Member’s use and access to the Facilities.