RULES AND REGULATIONS
The purpose of Traveler Surf Club, LLC (Traveler Surf Club or TSC) is to provide facilities for all Members to share and enjoy.
1. Usage. TSC is available to anyone with a passion for the ocean who will respect, appreciate, and help take care of TSC facilities, it’s Members, and the community at large. Guests agree to abide by all the Membership rules, regulations and schedules of the Club, which may be posted at the Club or issued orally, and which may be amended from time to time, at Management’s sole discretion.
2. Responsibilities. Guests entering the TSC will be personally responsible and liable for the actions, behavior and adherence to the Rules and Regulations. Video security cameras on premises record 24 hour activity. Guests will be solely responsible for the costs of any damage that they cause directly.
3. Indoor Lockers. Digital Lockers are provided inside solely for the benefit and convenience of Guests to store personal items while using TSC facilities. Management will remove any articles left in a locker overnight. TSC is not responsible for lost or stolen items or articles left in indoor lockers beyond the expiration date of such rental. In signing this document, you release TSC of any and all claims, demands, suits, complaints, cause of action or any liability for loss, stolen or damage to personal property while using a locker on the premises. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.
4.Surfboard Lockers. Surfboard lockers are located outside and are available to monthly members to store one surfboard per member. Members may choose to leave personal items such as wetsuit, booties and or a towel at their own risk, however, by choosing to leave a surfboard or personal belongings in a surfboard locker at TSC, you release TSC of any and all claims, demands, suits, complaints, cause of action or any liability for loss, stolen or damage to personal property while using a locker on the premises. If a member is over due on membership dues, personal property, including surfboards, will be considered abandoned after 30 days. On the 31st day of abandonment, member belongings become TSC property.
5. Valuables and Personal Property. Guests are urged to avoid bringing valuables onto club premises. TSC shall not be liable for the loss of or theft of, or damage to, the personal property of Guests, including items left in lockers, or elsewhere in the Club.
6. Children. Children twelve years of age and under are not permitted access or use of any TSC facilities. Children aged 13-17 must be accompanied by an adult Member. All children must also have a paid Membership or guest pass to use facilities. Adult Members are solely responsible for the supervision, conduct, behavior, safety and well-being of accompanying children. Children who do not follow rules and regulations, as well as posted guidelines may cause accompanying adult Memberships to be suspended or cancelled.
7. Usage at Own Risk. Use of club entrance doors, gates, saunas, showers and all other facilities are at member’s own risk.
8. Linda Mar Beach Rules. Linda Mar Beach is a Public Access Beach maintained and operated by the City of Pacifica Parks Department. No lifeguard is on duty. Members and guests understand that any activity, surfing, swimming or otherwise, is done at their own risk. Members agree to abide by City of Pacifica Park/ Beach rules including: Packing out trash, no glass bottles, no beach bonfires.
9. Quiet Enjoyment. Every Member and Guest is entitled to quiet, peaceful enjoyment of the TSC. Discourteous behavior, screaming and yelling, and loud music offensive to other Members is not allowed. Guests who incur complaints about behavior may be asked to leave.
10. Pets. No pets are allowed in TSC property at any time. Sorry!
11. Smoking. TSC is a non-smoking facility.
12. Clean Up. All Guests are responsible for cleaning up after themselves and should not leave trash or personal items unattended in common areas.
13. TSC is not responsible for any injury including death during a surf lesson or during rental of any surf equipment (wetsuits, boards, leashes).
WAIVER OF LIABILITY OF ENTIRE AGREEMENT:
Except for the rules, regulations and schedules posted at the Club or issued orally by TSC from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of TSC. Employees are not authorized to make any independent agreements with any Member.
By signing this agreement, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Traveler Surf Club, LLC., their subsidiaries/affiliates, respective agents, directors, officers, owners, contractors, and employees (hereinafter referred to as “RELEASEES”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, or medical expenses or related costs that may be sustained by any guests or related to any activity or to any property belonging to Traveler Surf Club LLC. Additionally, I agree to indemnify the Released Parties for any and all claims whatsoever brought by a third party for any damage which I may cause or which any other person may cause while engaged in the Activity.
WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, while we are on or using any portion of the Traveler Surf Club, LLC. property and its amenities, while participating in any activities on the property, and/or on or upon the premises where any activities are being conducted, including during ingress and egress to the to/from the Traveler Surf Club.
I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by us or any of our guests while using the Traveler Surf Club, LLC., or any loss or damage to property owned by us or any of our guests, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney¹s fees, that may incur due to our use, or our guests use of the Traveler Surf Club, LLC., I further agree to return any and all items and/or equipment provided by RELEASEES in the same condition as I received it, with normal wear and tear accepted.
I understand and agree that I am responsible for the board and any equipment provided. If I am signing this liability release on behalf of a minor, less than 18 years of age (“the child), I represent that I am the parent and/or legal guardian of the child; I accept responsibility for all the child’s medical expenses incurred in connection with the Activity; I agree to indemnify the Released Parties for any and all claims brought by the child; and I agree to indemnify the Released Parties for any and all claims brought by a third party arising in connection with the child. WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
The undersigned(s) by signing this agreement understand(s) and consent(s) that this agreement fully RELEASES and all owners, officers, directors, Members, agents and employees of the Traveler Surf Club from any and all legal liability, property damage and or medical expenses or costs that may be claimed by any party resulting from my use of any portion of the Traveler Surf Club, LLC., and any of its amenities, and personally assume all risk including but not limited to negligence, strict liability, breach of contract, or any other act or omissions, or any other participants, including myself or from any other cause. It is our express intent that this Release and Hold Harmless Agreement shall bind the Members of our family and spouses, if we are alive, and our heirs, assigns and personal representative, if we are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASES. We hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California, and if any portion of this release is found invalid or unenforceable, then the remaining provisions will be fully enforceable to the fullest extent allowed by law.
IN SIGNING THIS WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT, WE ACKNOWLEDGE AND REPRESENT THAT we have read and understand the foregoing provisions; that we sign this AGREEMENT voluntarily as our own free act and deed; no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made; and we execute this Release for full, adequate and complete consideration fully intending to be bound by same.