Clubhouse use waiver

Hello Peter:

Not only is the waiver overly broad, it is unenforceable as a matter of law. In relevant part, it requires that all signatories disclaim liability against the Board and HOA for the negligence of same. This is explicitly forbidden under NY law: GOB § 5-326 Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable.