Membership Application

Pool Access

The Cabana Club utilizes an electronic entry access system. Each member household will receive one key fob with their membership. Please note that if your key fob is lost a charge of $10 will be assessed for each replacement.

**If you were a member last year, your existing key fob will be activated for 2024. If you have lost or misplaced your key fob, please email bishopestatescabanaclub@gmail.com for a replacement. 

Adults in Membership Household

Every adult within the membership household must sign the Membership Agreement at the end of this form. 

Children living in the Membership Household

Under the age of 18.

• The pool and grounds are for members of the Cabana Club.
• Please refer to our website for pool hours and dates of opening.
• Check our events calendar on our website to find out when we are hosting social events and when the pool is closed or limited for swim team practices and events.

THE IMPORTANT STUFF:

• If lifeguards are not present, "Family Swim" is in effect, and children under 18 must be accompanied at all times by an adult member or caregiver designated on this form. 
• Only if lifeguards are present, children 14 years of age and older who can swim the length of the pool and tread water for at least one minute, may enter the Cabana Club grounds and swim without a parent or caregiver present.
• A child who cannot swim or has to use a flotation device MUST BE under the direct supervision of a parent, sitter, or responsible adult while in the water (and must stay in the shallow end of Pool).
• Please, no glass allowed on the property.
• Pool floaties are allowed! (Just not on the diving board)
• NO swimming if under the influence of alcohol or drugs. Intoxicated or disorderly conduct is not allowed on Cabana Club property. 
• NO head-first diving from the Pool Deck. All entries into the Pool must be feet first, facing Pool.
• NO running on the Pool Deck or pushing another person into the Pool.
• NO swearing or abusive language.
• NO roller blades, scooters, bikes, roller shoes, skateboards, etc.
  NO food, drink, or gum allowed in the Pool or within 5 feet of the edge of the Pool.
• NO glass objects are allowed on the Cabana Club premises.
• NO pets in the Pool or Cabana Club grounds.
• NO persons with diarrhea, open wounds, or communicable diseases allowed in the Pool.
• There will be a rest period for ALL children (15 years and younger) every hour for 10 minutes when a lifeguard is on duty. When a lifeguard is not on duty, it is recommended and parents and caregivers enforce this same rule for safety purposes.
   

DIVING BOARD RULES:

• NO multiple or running jumps.
• All divers MUST be facing the Pool and dive forward away from the Diving Board.
• Divers are to swim directly to the ladder and exit the Diving Area.
• One diver on the Board at a time.
• NO flotation devices or balls on the Diving Board or in the Diving Area.
• The Diving area is not deep enough for large persons to do more skilled or complex dives.
   

SWIM TEAM:

Swim Team schedule can be found on our website. The pool will be restricted or closed during swim team clinics, events, and practices.  
https://bishopestates.swimtopia.com/
 

YOUR BOARD OF DIRECTORS & COMMUNITY:

All board positions and committee positions are nonpaid. Board Members are volunteers – please respect that they work very hard to keep Bishop Estates at its best. Please help, join committees, and be a part of a great community!

PURPOSE:

This policy serves as guidance for the admittance of non-members to the cabana club property and events. Not all scenarios are covered by this policy, and exceptions can be granted by request to the board.

The board may deem guest pass usage inappropriate if, at the board’s determination, guest passes are being used to circumvent membership purchase (generally more than 5 guest visits by same person/family during a season). Determination will result in a notice to the host member with an invitation to discuss the specifics and any follow-up actions.

FEE & EXPIRATION:

Every member household receives ten (10) guest passes per year, where there is no charge for bringing an individual guest. Additional guest passes can be purchased by members at a price of $3.00 each.

LIMITATIONS:

Up to 9 guests can be hosted by a member at any one time. The Party Policy applies if more than 9 guests are brought to the property at the same time.

MEMBER & GUEST RESPONSIBILITIES:

• All guests are subject to the same policies as members.
• Members are responsible for ensuring that their guests understand and behave in accordance with Cabana Club policies.
• Members may not leave guests unattended on Cabana Club property, or at a Cabana Club event.
• All guests must be accompanied by an adult member.

Guests Must Sign Liability Waiver:

Members must ensure that each guest signs in and completes a guest liability waiver prior to entering Cabana Club grounds. Paper waivers will be available at the pool entrance and can also be accessed on our website to be printed and signed or completed digitally. Thank you for your cooperation with our Guest Policy.

Members of the Bishop Estates Cabana Club can reserve either the covered area or the grass area at the pool to host their own parties! It's perfect for any occasion including Birthday Parties, BBQ's, Baby Showers, etc.  

Fees & Deposits:

• Party Fee: $200.00
• Refundable Cleaning Deposit: $50.00 (Your deposit will be refunded if your party leaves the pool, reserved area in substantially the same condition as it was prior to the party)
• Additional Lifeguard: One lifeguard is required for every 10 minor swimmers. The first lifeguard is included in your initial party fee.  (Actual cost will be available when reservation is made. Current cost ranges between $20 -$25 per hour)
• Additional Person Fee: $10.00  (If an exception is granted to the maximum participants.)

Reservations:

• Party availability is first paid, first reserved. No informal reservations are accepted.
• A two-week notice is requested to ensure the availability of space and staffing.

Party Guidelines:

• Parties may not exceed 3 hours unless an exception is given by the Cabana Club Board.
• The number of guests may not exceed 25 people unless an exception is given by the Cabana Club Board.
• One lifeguard is required for every 10 minor swimmers. The party fee covers the first 10 swimmers.
• City noise ordinances should be followed.
• Consumption of alcohol or drugs on Cabana Club premises is strictly prohibited and may result in the immediate revocation of membership.
• All guests must sign a liability waiver.
• Members are responsible for ensuring that their guests understand and behave in accordance with Cabana Club policies.

As a member of the Bishop Estates Cabana Club located at 1812 Jefferson Street, Concord, CA 94521 (hereinafter referred to as the “Premises”), I acknowledge and agree that my membership is conditioned upon my acceptance, without modification, of the terms, conditions and agreements contained herein (herein referred to as the “Agreement”). My acceptance of membership constitutes my full agreement to all terms and conditions of this Agreement and agree that the terms and conditions of this Agreement remain in full force and effect during the term of this Agreement and thereafter as applicable.

 

1. Assumption of Risks.  I acknowledge that I am aware that swimming is an inherently dangerous activity, including inherent risks which cannot be eliminated, and agree to assume all risks, known or unknown; that there is NO LIFEGUARD on duty at most times at the Premises; that I am physically and mentally fit for swimming and like activities; and that I agree not to swim under the influence of any alcohol or drug.

 

I understand that the Premises may contain defects such as uneven footing, raised concrete, tree roots, holes and depressions, cracks in concrete surfaces, and other obvious or not obvious conditions, both inside and outside the pool, which may result in injury or death to myself, to my minor children, and to others who I may invite to the Premises.  I understand that the Premises may not be ADA compliant.

 

I further expressly understand that my other activities, such as, but not limited to, swimming, water sports, picnicking, walking, running (strictly prohibited), playing sports, horseplay, viewing of activities, or any kind of activity done on the Premises also carry certain risks.

 

Specific risks related to all of the above include, but are not limited to, minor injuries such as scratches, bruises and sprains, and major injuries such as broken limbs, joint and back injuries, loss of sight, heart attacks, concussions and catastrophic injuries, including paralysis, brain injury and death. 

 

Therefore, I hereby ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY OR DEATH arising out of use of the pool, the Premises, and all events at the Premises, whether caused by the negligence of Bishop Estates Cabana Club or any of its agents, officers, directors, board of directors, shareholders, employees, independent contractors, members and owners (collectively “BECC”) or otherwise, including specifically (but not exclusively) the danger of being injured or dying by swimming, diving, other swimmers and her or his actions, the absence of a lifeguard on duty, injury despite an on-duty lifeguard, water (including chemicals or the absence of them in the water), slipping, falling, danger warnings and the absence of  such warnings, safety equipment (including its presence or absence or quality), the lack of safety and fencing or alarms, and rescue operations undertaken or not.

 

I also understand and expressly ASSUME FULL RESPONSIBILITY FOR ANY RISK OF DAMAGE to or loss of my personal property, including but not limited to, clothing, towels, coolers, telephones, radios, music players or any other personal property brought to the Premises are subject to damage and loss and l agree to hold BECC harmless for such loss and/or damage.

 

2.         Waive All Claims and Ability to Sue.  As a member, I RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE BECC from any and all liability to me, my estates, trusts, beneficiaries, representatives, executors, administrators, personal representatives, trustors, trustees, predecessor and successor trustees, attorneys, insurers, predecessors, successors and assigns, spouse, issue, heirs, and all minors and wards who accompany me to  or are on the Premises for any and all loss or damage, and any claims or demands for injury to the person or property, or death or disability, arising out of my use of the Premises, whether caused by the negligence of BECC or otherwise.

 

3.         Hold Harmless: I agree that I will DEFEND, INDEMNIFY AND SAVE AND HOLD HARMLESS BECC against all losses, claims, demands, liabilities, damages, and causes of action including court costs, expenses and attorney's fees, directly or indirectly arising from any action or other proceeding brought by me, or brought for my benefit or for the benefit of my spouse, issue estate, heirs, trust, beneficiaries, guardians, successors and assigns, against BECC in connection with or arising out of my use of or being on the Premises or any activities on the Premises, whether caused by the negligence of BECC or otherwise. This extends to all claims of every kind and nature whatsoever, whether known or unknown. I expressly waive any benefit I may have under Section 1542 of the California Civil Code relating to the release of unknown claims and I understand that this law contains provisions designed to prevent me from waiving unknown claims that existed at the time of waiver, and I expressly agree to waive all rights that I might have under related sections and this law, which reads as follows:

 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

4.         Broadest interpretation. I agree that this LIABILITY WAIVER AND RELEASE AND INDEMNITY AGREEMENT extends to all acts of negligence by BECC, and is intended to be as broad and inclusive as is permitted by California law, and that if any portion thereof is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.

 

5.         Rules: I agree to follow any and all rules of BECC, including, without limitation, those posted on Premises. I also agree to follow any instructions given by BECC board members, association members, agents, assistants, employees (including lifeguards) and independent contractors working on behalf of BECC. If BECC personnel observe violations of this section, I understand that I must immediately follow the rules and instructions.  If I do not, I will be asked to leave the Premises and I shall leave the Premises.  As a member, I further agree and expressly understand that the Premises are private and my guests are to be on the Premises by invitation or permission only and that I will require them to sign a Guest Release and also follow all of BECC’s rules and instructions.

 

6.         Medical Authorization: In the event of injury, I give BECC the authority to make decisions regarding medical care, including administration of medical care, and will defend, indemnify and hold BECC harmless for any injury or death that occurs as a result of this care.

 

7.         Minors, Wards: If my minor child or ward is also a member, I agree that I am entering into this Agreement on their behalf and on behalf of myself and all other parents and/or legal guardians, and that I have the legal authority to do so and that all terms and conditions of this Agreement apply to my minor child(ren) and ward(s).

 

8.         Entire Agreement: This Agreement constitutes an integration of the entire understanding and agreement of BECC and me with respect to the subject matter herein. Any representations, warranties, promises, or conditions, whether written or oral, not specifically incorporated into this Agreement shall not be binding on BECC or me, and BECC and I each acknowledge that neither BECC nor I has relied, in entering into this Agreement, on any representation, warranty, promises, or conditions not specifically and expressly set forth in this Agreement. All prior discussions and writings have been, and are, merged and integrated into, and are superseded by, this Agreement.

 

9.         Severability of Agreement: In the event that any provision of this Agreement is determined to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect.

 

10.       Governing Law: This Agreement shall be interpreted in accordance with the laws of the State of California and any dispute concerning this Agreement, or any indemnification hereunder, shall also be interpreted in accordance with the laws of the State of California.

 

I HAVE READ THIS MEMBERSHIP LIABILITY WAIVER AND RELEASE AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

IN CONSIDERATION for being permitted to use the Bishop Estates Cabana Club pool and facilities (described sometimes herein collectively as the “Club”) and/or to attend events at the Club, each of the undersigned, for himself (herself), his (her) estates, trusts, beneficiaries, representatives, executors, administrators, personal representatives, trustors, trustees, predecessor and successor trustees, attorneys, insurers, predecessors, successors and assigns, next of kin, and all the minors who accompany him (her), and each of them, and any of those claiming by, through, under or in concert with them or any of them (collectively the “Undersigned”), acknowledge and agree to the following terms and conditions:

The Undersigned acknowledge that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known cure for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. 

The Undersigned hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Bishop Estates Cabana Club or any of its and its agents, officers, directors, board of directors, shareholders, employees, independent contractors, members and owners ("Releasees") from any and all liability to the Undersigned, his or her estates, trusts, beneficiaries, representatives, executors, administrators, personal representatives, trustors, trustees, predecessor and successor trustees, attorneys, insurers, predecessors, successors and assigns, next of kin, and all the minors who accompany him (her) for any and all loss or damage, and any claims or demands for injury to the person or property, or death or disability, arising out of the undersigned becoming exposed to, contracting, or spreading COVID-19 while utilizing the Club’s services or premises, whether caused by the negligence of the Releasees or otherwise.

 

The Undersigned hereby AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage or cost they may incur arising out of the Undersigned becoming exposed to, contracting, or spreading COVID-19 while utilizing the Club’s services or premises, ' whether caused by the negligence of the Releasees or otherwise.

 

The Undersigned hereby ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of use of the pool, facilities and all events at Club, whether caused by negligence of the Releasees or otherwise, including specifically (but not exclusively) the danger of becoming exposed to, contracting, or spreading COVID-19 while utilizing the Club’s services or premises.

.

The Undersigned hereby agree that this LIABILITY WAIVER AND RELEASE AND INDEMNITY AGREEMENT extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT failure to prevent one from  becoming exposed to, contracting, or spreading COVID-19 while utilizing the Club’s services or premises, and is intended to be as broad and inclusive as is permitted by California law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

I HAVE READ THIS LIABILITY WAIVER AND RELEASE AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW FOR MYSELF, MY CHILDREN AND MY HOUSEHOLD MEMBERS WHO ARE UNDER 18 YEARS OF AGE.

Due to COVID-19 protection measures, Bishop Estates Cabana Club (the “Club”) is open to our members-only on a limited basis and only in accordance with the Contra Costa County Health Department orders and appendices (the “Current Order”) until further notice.

Any person entering the Club’s facilities, including the pool, concrete deck area, lawns, bathrooms, and other space enclosed by the fence surrounding those facilities (collectively the “Club’s Facilities”) shall be subject to rules as follows:

YOU ARE NOT PERMITTED TO ENTER THE CLUB’S FACILITIES IF

· YOU ARE ANY AGE AND HAVE TESTED POSITIVE FOR COVID-19 AND YOU HAVE NOT YET RECOVERED (per your primary care physician)

· YOU HAVE IN THE PAST 14 DAYS BEEN IN CONTACT WITH SOMEONE WHO HAS COVID-19.

· YOU ARE EXPERIENCING ANY OF THE FOLLOWING:

a. Fever or chills

b. Cough

c. Shortness of breath or difficulty breathing or Respiratory Illness

d. Fatigue

e. Muscle or body aches

f. Headache

g. New loss of taste or smell

h. Sore throat
i. Congestion or runny nose

j. Nausea or vomiting or abdominal pain

k. Diarrhea

l. Persistent pain or pressure in the chest

m. New confusion

n. Inability to wake or stay awake

o. Bluish lips or face
Under the Current Order, all persons shall follow rules for use of the Club’s facilities as follows:

· Lap swimming must be limited to one swimmer per lane, except that members of the same household or living unit may occupy a single lane. 

The Club has instituted these rules to ensure the safety of all persons who use the Club’s facilities. As compliance with the Current Order is mandatory for the Club to open the Club’s facilities to its members, any person who is found to be violating any of the above rules will be subject to ejection and removal from the Club’s facilities.

I HAVE READ THE CLUB’S COVID-19 PROTECTION MEASURES, FULLY UNDERSTAND THEM, AND AGREE TO FOLLOW THEM AND TO ENSURE THAT MY MINOR CHILDREN ALSO FOLLOW THEM.

Each adult in membership household must sign below in agreement to the 1) MEMBERSHIP LIABILITY WAIVER AND RELEASE AND INDEMNITY AGREEMENT, 2) LIABILITY WAIVER AND RELEASE AND INDEMNITY AGREEMENT RELATING TO CORONA VIRUS/COVID-19, AND 3) COVID-19 PROTECTION MEASURES and print their name and date. If more space is needed for adult signatures, please fill out additional waivers. Please list and sign for all minors (younger than 18) or wards:

*****1/2 Season Prices Below*****

 

1)  Family membership ($295 via credit card or $280 via check, Venmo, or cash payment) - Full access membership, includes all adults and children living at the same address. 

2)  Individual membership ($175 annually) - All rights, rules, and privileges as full access family membership, but for one person.  

 

Please note that all paid membership dues are non-refundable.

 

 

**** PLEASE NOTE! YOUR RECIEPT OR PROOF OF PURCHASE WILL BE AN AUTOMATED EMAIL OR IN YOUR VENMO ACCOUNT. PLEASE DO NOT REQUEST A RECIEPT AS WE WILL NOT HAVE ONE ****

 

**** NO INVOICE WILL BE SENT REQUESTING PAYMENT. PLEASE SIMPLY SUBMIT PAYMENT ****

 

**** KEYFOBS ARE ACTIVATED WEEKLY ON WEDNESDAYS PLEASE DO NOT EMAIL ASKING FOR ACTIVATION UNTIL A WEDENSDAY HAS LAPSED****

 

 

                   

Thank you! We look forward to seeing you at the pool this year!