CLUBHOUSE RULES AND REGULATIONS
You agree that you have had opportunity to review this form prior to your use and to seek such legal advice as you may deem necessary or appropriate. Owner wishing to utilize Clubhouse must be in good standing with Association.
This Agreement entitles Owners to a temporary exclusive license for the use of the Clubhouse but shall not include the actual use of the pool or tennis courts. THE USE OF THE POOL BY ANY OWNER IS PERMITTED ONLY DURING REGULAR POOL HOURS PROVIDED OWNER HAS CONTACTED HOA PROPERTY MANAGER NOT LESS THAN 72 HOURS PRIOR TO YOUR EVENT TO ARRANGE FOR APPROPRIATE LIFEGUARD COVERAGE AS DETERMINED BY HOA PROPERTY MANAGER. At no times shall the use of the pool or the pool deck by exclusive. At no time shall any Owner, their families, guests or invitees use the pool or the pool deck for any event after the hour of 10:00 PM. The nonexclusive use of the tennis court shall be in accordance with all rules and regulations of Association pertaining thereto.
Association may require such evidence as it deems appropriate to verify that you are a record Owner and that you have sufficient authority and capacity to enter into this Agreement. No reservation may be made more than 60 days in advance of the date of the event except with the prior written approval of the Board of Directors. Association will not make any assurance that it will be able to complete or undertake any reservation made less than 7 days in advance of the proposed reservation date. You agree that your event shall not start before the time indicated on the front of this form nor shall your license for the use of the Clubhouse extend past the time indicated. You understand that there may be other events by other Owners prior to or immediately following your event and you agree not to interfere in any way with such other events.
No person using the Clubhouse shall be charged any fee or other expense in connection with their attendance at the event unless the fee or other charge is solely to reimburse Owners for actual direct expenses incurred in connection with the event (without a contribution for overhead or indirect expenses) and the fee or charge has been approved in advance in writing by the Board of Directors of Association, subject to such conditions as the Directors may impose. No Brierfield resident shall be charged any amount in excess of the lowest fee or charge paid by any attendee.
No unlawful, dangerous, explosive, toxic or hazardous substances of any nature whatsoever shall be used in connection with the event. No glass of any kind whatsoever shall be permitted on or about the pool or the pool deck and Association may immediately terminate any event if a violation of either of these rules occur. No smoking is permitted in the Clubhouse building, the Clubhouse porch, the tennis courts or the pool deck. Nothing herein shall be construed as consent to violate any law, order or decree applicable to the Clubhouse or the Common Amenities, including, without limitation, those laws regarding zoning, the sale and service of liquor, the consumption of intoxicating beverages by minors, sign and noise or sound ordinances, or health and safety regulations. OWNER AGREES TO INDEMNIFY AND HOLD HARMLESS ASSOCIATION FOR ANY AND ALL LIABILITIES AND CLAIMS FOR DAMAGES, INJURIES OR OTHER EXPENSES (INCLUDING ATTORNEYS FEES) ARISING FROM THE USE OF THE LIQUOR OR OTHER INTOXICATING LIQUIDS.
No signs shall be displayed at the entranceway of the subdivision, any common area or the clubhouse grounds. Parking shall be in the Clubhouse parking lot (the use of which shall be on a nonexclusive basis) and in the event that the parking lot is full, only then, along the northerly and westerly side of Briars Bend and the westerly side of Briers Creek Drive and shall not interfere unduly with the use of the community by others. No parking is permitted on any grass area. No heavy trucks or trailers are permitted in the parking lot. No vehicle shall be parked more than 12 hours in the parking lot in any 24 hour period and no parking is permitted in the lot after 3:00 AM or before 6:00 AM. Association may require the hiring of security or other services as it may deem necessary or appropriate.
Owner shall be present at all times during the event. Owner shall secure and protect the Clubhouse and any and all personal property and other equipment and furniture located at the Clubhouse amenities and shall be responsible to reimburse Association for any loss or theft incurred. Owner shall only use such utilities as are reasonably necessary for the comfort of guests during the event, and shall be responsible to reimburse Association for any abuse or “overuse” of the Clubhouse systems. Nothing herein shall be construed to create any obligation on Association.
Owner agrees to fully clean the Clubhouse (including as necessary the pool, the pool deck and the tennis courts) with appropriate cleaners. No tapes or other decoration shall be affixed to the walls of the Clubhouse or in any manner which could damage or injure any portion of the Clubhouse. All rubbish, cigarette butts, trash, litter and other material shall be disposed of only in proper receptacles located in the parking lot. No materials, equipment, products, stock or other materials shall be stored in the Clubhouse. The Clubhouse shall not be used as sleeping or lodging quarters or as a residence. Except for Seeing Eye dogs or other animals assisting a person suffering a disability, no animals of any kind are permitted in the Clubhouse. No persons shall block or obstruct any entry, passage, door, hallway and stairway.