Our Policies
Definitions
The term "CPCT", "Chelsea Piers" and/or "Chelsea Piers Connecticut" shall mean Chelsea Piers Connecticut LLC and Chelsea Piers Management II, and shall include their respective subsidiaries, divisions, and affiliates, and the respective officers, directors, shareholders, agents, employees, representatives, third party vendors, successors and assigns of each such person or entity. The term "Patron" or "you" shall mean the Contract Holder and all guests, attendees, vendors and invitees, both individually and as parent and/or legal guardian of any child who participates in and/or to whom Activities & Facilities are provided. The term "Activities & Facilities" shall mean Splash Zone Birthday Parties, Pool Open Sessions for Nonmembers, Pool Open Sessions for Members, Camp Recreation Sessions, Learn to Swim Sessions, Member Family day/night sessions, Adventure Center, Splash Zone and all other pool sessions and events together with the respective equipment, locker rooms, showers, pool, whirlpool, sauna, steam room, party rooms, parking area, or sidewalks, and Patrons' participation in any activity, event, session, coaching, class, competition, program, training or instruction, and such other activities and services now or in the future made available.
Medical Disclaimer
Patron represents that he or she (and any minor children for whom the Patron is responsible) is in good health with no disability, impairment or ailment preventing Patron from engaging in active or passive activity, and that Patron has no health condition or communicable disease that would make the Patron's use of CPCT facilities injurious to Patron or to other Patrons or users of the Activities & Facilities.
Right to Revoke Patron
Patron agrees to abide by all the rules, regulations and schedules of CPCT, contained herein or which may be posted at the club or issued orally, and which may be amended from time to time, at CPCT's sole discretion. CPCT may remove Patron in the event the Patron violates the provisions of the Contract, Rules and Regulations or for behavior deemed by CPCT, in its sole discretion, as detrimental to the well-being of CPCT's and/or its Members.
Photo Release
By signing this Agreement, the Patron grants CPCT the right to use their photographic likeness for promotional purposes, including, without limitation, for online usage and marketing materials.
Dispute Resolution
Any claim, dispute or controversy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Claim") by either Patron or CPCT against the other, arising from or relating in any way to (i) this Agreement, (ii) Patron's use of the Activities & Facilities, shall be resolved exclusively and finally by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") in effect on the date a demand for arbitration is made. A copy of the AAA rules may be obtained from the AAA website at www.adr.org (https://sports.chelseapiers.com/connecticut/stamford/www.adr.org) or by contacting CPCT. The above notwithstanding, any Claim required to be filed in a court by state or federal law shall be outside the scope of this arbitration provision. All such Claims shall be filed solely and exclusively in the Superior Court for the State of Connecticut, Judicial District of Stamford or the United States District Court for the District of Connecticut, and the substantive law of Connecticut shall apply without regard to the conflict of law rules of that state. Judgment upon any arbitration award may be entered in any court having jurisdiction.
No Class Action
Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term "class action") are subject to arbitration on an individual basis, not on a class or representative basis. The arbitration will not be consolidated with any other arbitration proceedings. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to address that party's individual Claims.
Survival
If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. The terms herein survive the termination of the Contract.
Locker Policy
Day Lockers are provided for the benefit and convenience of the Patron. Patron shall provide their own locks. CPCT reserves the right to remove all locks and any articles left in Day lockers overnight. CPCT is not responsible for any items stored in the lockers, and Patron agrees that any personal property or valuables left in CPCT lockers is at his or her own risk. Cell phone usage is not permitted in the locker room areas.
Lost and Found
CPCT is not responsible for any lost or stolen items, and Patron agrees that he/she brings personal property or valuables to the CPCT facility, including the bike racks and parking lot at his/her own risk.
Repairs And Damages
Patron agrees to take good care of the premises and its fixtures, and to be responsible for all damage or breakage caused by Patron, its agents, third party vendors, employees, invitees, or guests, ordinary wear and tear excepted. If the premises are not restored to the condition such premises were in at time of delivery, CPCT will promptly notify Patron of the cost of repair or cleaning for which Patron is responsible and will immediately commence with uh cleaning and/or repairs. CPCT will issue an invoice for payment.
Acts of God
In the event that an act of war (declared or otherwise), strike or work stoppage, hurricane, earthquake, other natural disaster or reasons beyond the control of CPCT (each such activity is referred to as an "Act of God,"), disrupts or forces the cancellation of a Patron's Event because the Venue is no longer usable, neither Patron, nor CPCT, shall be responsible or liable for any loss or damage of any kind inflicted on the other party (which, in the case Patron, includes Patron's guests, invitees, agents or employees) from the occurrence of such Acts of God, except that CPCT and the Patron agree to reschedule the interrupted Event at a mutually convenient date and time.’
ASSUMPTION OF RISK:
WAIVER AND / OR RELEASE: Patron hereby releases and discharges CPCT from any and all liabilities, suits, claims and demand actions or damages incurred by Patron or are in any way related to or arising out of the use or intended use of the Activities & Facilities whether supervised or not, including without limitation, all claims for property damage, emotional distress, personal injuries or wrongful death INCLUDING ANY SUCH CLAIMS ARISING FROM THE INHERENT RISKS OF PARTICIPATION, DISCUSSED BELOW, AND / OR WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF CPCT.
Patron hereby acknowledges and accepts that participation and/or use of Activities & Facilities on or off-site involves inherent risks. Patron received full information regarding the Activities & Facilities and had the opportunity to ask any questions. PATRON IS AWARE THAT THESE ACTIVITIES & FACILITIES ARE HAZARDOUS AND THAT PATRON COULD BE SERIOUSLY INJURED OR EVEN KILLED. FOR EXAMPLE, PATRON UNDERSTANDS THERE IS AN INHERENT RISK OF DROWNING IN A POOL. PATRON IS VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES & FACILITIES WITH KNOWLEDGE OF THE INHERENT DANGER INVOLVED, AND AGREES TO ASSUME ANY AND ALL INHERENT RISKS OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN AND RELEASES AND DISCHARGES CPCT FROM AN. Patron has examined the Activities & Facilities and has full knowledge of the nature and extent of all the risks associated therewith, including, but not limited to (a) all manner of personal injury and fatality occurring to Patron resulting from participation and/or use from the Activities & Facilities; (b) known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to Patron to property or to third parties. (c) Injuries resulting from the actions or omission of others, (d) failure to ask for information or assistance. Patron further acknowledges that the above list is not inclusive of all possible risks associated with Activities & Facilities and PATRON AGREES THAT SUCH LIST IN NO WAY LIMITS THE EXTENT OR REACH OF THIS ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION. If Patron sees or hears anything that is questionable or dangerous, it is Patron's responsibility to ask or inform CPCT employees until corrected or satisfactorily answered. Patron further agrees that 1) participation in Activities & Facilities is not essential and 2) Patron has the option to participate in other recreational facilities, public or private, in the community or surrounding towns within Connecticut, and 3) Patron voluntarily chooses to participate and use CPCT Activities & Facilities.
Patron understands that this provision is a release of liability that will legally PREVENT Patron or any other person from filing suit or making any other legal claim arising out of or related to Patron's use of the Activities & Facilities.
INDEMNIFICATION
Patron hereby agrees to indemnify and hold harmless CPCT, from any and all causes of action, claims, demands, losses and costs (including reasonable attorney's fees) of any nature whatever arising out of or in any way relating to Patron's participation and/or use of the Activities & Facilities, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF CPCT.