RELEASE OF LIABILITY AND COVENANT NOT TO SUE AGREEMENT

For and in consideration of 609 Padel LLC, a New York limited liability company, providing me with access to and use of Kith Ivy, I, each of the undersigned (whether one or more), do hereby waive and release any and all rights, claims, interests, causes of action, and the like, of any nature, that I may have against 609 Padel LLC, Kith Ivy, and any of their parents, subsidiaries, affiliates, licensors, licensees, directors, officers, members, sponsors, agents, employees, volunteers, representatives, heirs, executors, administrators, successors and assigns (each a “Released Party") arising out of or resulting from any and all injuries or damages of any nature or kind (including death) that I may suffer while taking part in any activities at or related to, or otherwise on premises owned, leased, operated, provided or used by 609 Padel LLC, and/or Kith Ivy and/or use of equipment, services, or any other item, owned, leased, operated, provided or used by 609 Padel LLC, and/or Kith Ivy.

This release extends, to the maximum extent permitted by law, to any and all claims that I may have against any Released Party, whether such claims result (i) in whole or part from negligence or other fault of any kind on my part; (ii) in whole or part from negligence or other fault of any kind on the part of any third party, including but not limited to personal trainers or coaches not employed or provided by 609 Padel LLC, and/or Kith Ivy or others using any facility or participating in any activity; or (iii) in whole or part from negligence or other fault of any kind on my part on the part of 609 Padel LLC and/or Kith Ivy; and/or (iv) in whole or part from negligence or other fault of any kind on the part of any other Released Party. 

I acknowledge that I am familiar with the activities at or related to, or otherwise on premises owned, leased, operated, provided or used by Kith Ivy and/or use of equipment or any other item owned or leased, operated, provided or used by Kith Ivy, and the risks associated therewith. 

I do, to the maximum extent permitted by law, hereby further covenant, to the maximum extent permitted by law, not to sue 609 Padel LLC, Kith Ivy or any other Released Party, for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused (i) in whole or part from negligence or other fault of any kind on my part; (ii) in whole or part from negligence or other fault of any kind on the part of any third party; or (iii) in whole or part from negligence or other fault of any kind on my part on the part of 609 Padel LLC and/or Kith Ivy; and/or (iv) in whole or part from negligence or other fault of any kind on the part of any other Released Party. 

I acknowledge that I have read this release, covenant not to sue, and agreement and I further agree, to the maximum extent permitted by law, to (i) assume all risk and (ii) hold harmless, discharge, and indemnify 609 Padel LLC, Kith Ivy and/or each other Released Party, for any and all claims, demands, liability, loss or damage (including property damage or loss, personal injury, permanent disability and/or death) in any way resulting from or arising in connection with activities at or related to, or otherwise on premises owned, leased, operated, provided or used by Kith Ivy and/or use of equipment or any other item owned or leased, operated, provided or used by Kith Ivy.

If any provision or any portion of any provision of this release shall be held to be void or unenforceable, the remaining provisions of this release and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.

KITH IVY CLUB ETIQUETTE.

Guest Policy

Only Members of Kith Ivy may enter the Gym, Spa, and Padel Courts. These areas are locked and may only be accessed via digital key cards that are sent to all Members.

Guests may enjoy the Kith Ivy experience while accompanied by a member. If a member is not present,guests will be asked to wait in the lobby until the member arrives.

Guest Policy:

● Members are allowed to bring up to three guests at any one time to enjoy Mogador, Erewhon and the Living Room.

● Those enrolled in a Couple Membership may bring up to four guests when enjoying Mogador, Erewhon and the Living Room.

● Members are responsible for their own guests’ conduct and expenditure. Should a guest fail to comply with the Club’s rules while on the premises, the member shall be deemed to have committed the breach of the rules themselves.

● Members must be present at the Club at the same time as their guest(s) and are not permitted to leave their guest(s) at the Club upon their departure.

● Members may be allowed to host private events at the Club with the permission of the Club.

Restaurant Access & Allowances

Members will be able to make reservations for Mogador through the Kith Ivy app. Tables are not guaranteed, and as such, Members are highly encouraged to book reservations in advance.

Signature Members, Founding Members, Ambassador Members and Social Members are allowed to bring up to three (3) guests at any one time to enjoy Mogador, Erewhon and the Living Room.

Those enrolled in a Couple Membership may bring up to four (4) guests when enjoying Mogador,Erewhon and the Living Room.

Members may make Monday through Thursday dinner reservations for guests up to two weeks in advance, however these spots are limited and reservations cannot be guaranteed. Reservations can be viewed in the Kith Ivy app.

Members may book dinner reservations for guests on Fridays and Saturdays only, 48 hours in advance.Reservations will be viewable in the Kith Ivy app on Wednesday (for Friday) and Thursday (for Saturday).These reservations are pending table availability.

Following any wellness activity, including use of the spa or padel and gym sessions, members must change into proper Living Room attire. Members wishing to use the Living Room without changing may only be seated at the Erewhon bar.

Dress Code

Mogador at Kith Ivy is a fine dining restaurant in the evening. Members and guests are encouraged to dress for the occasion. Any guest who does not appear sufficiently well-presented may be refused entry. We ask that our Members and guests refrain from wearing the following items at all times:

• Distressed or dirty shoes
• Ripped denim pants or shorts
• Athletic shorts or gym wear
• Flip flops
• Sweatpants and sweatshirts

Guests may wear shorts and during lunch service.

Following any wellness activity, including use of the spa or padel and gym sessions, members must change into proper Living Room attire. Members wishing to use the Living Room without changing may only be seated at the Erewhon bar.

Padel Court Access & Allowances

The Padel courts are exclusive to Members during on-peak hours. If a court is available 12 hours prior to the session time, the Kith Ivy app will automatically allow Members to add a +1 (guest or coach) to their reservation and reserve a half-court.

During off-peak hours, 10 am - 5:30 pm from Monday - Friday, Members are able to add one guest to their padel reservation.

Spa Access & Allowances

The spa is exclusive to Signature, Founding, and Ambassador Members during on-peak hours. Signature, Founding and Ambassador Members may bring their Social Member, if applicable, or one guest with them to enjoy the Spa.

During off-peak hours, 11 am - 4 pm Monday through Friday, Social Members are able use the Spa without their nominating Member present. Social Members may not bring guests to the Spa.

Gym Access & Allowances

The gym is exclusive to Signature, Founding, and Ambassador Members during on-peak hours.

Ambassador and Founding Members may bring their Social Member or one guest with them to the gym.

Social Members may access the gym during off peak hours, from 11 am to 4 pm Monday through Friday.

Padel Court Dress Code

Members are kindly reminded that proper athletic attire is required on the padel courts. Sports clothing, shorts, and athletic shoes (sneakers) must be worn at all times. Please keep sports attire on while on the courts; playing shirtless or in tank tops is not permitted.

Court Reservation Grace Period

Members are kindly reminded to respect a grace period, allowing the previous game to conclude before starting their reserved time.

Food & Beverages on Courts

No food or beverages are allowed on the padel courts, except for water and sports drinks.

Locker Room Policy

Ambassador Members may choose to leave items in their permanent lockers for paid dry cleaning service. Dry cleaning will be charged automatically to the member’s card on file.

Signature Members, Founding Members, Social Members and guests are kindly reminded not to leave personal belongings overnight in the locker rooms.

Animals

No pets are permitted on Kith Ivy premises.

Age

All guests visiting the Club must be at least 21 years old.

Photography

Photography and videography on the club floor is strictly prohibited.

Computers and Phones

Members may use computers in the Living Room space until 4 pm.

Phone calls and video calls are strictly prohibited.

Children

Children are not permitted in any areas of the Club.

General Conduct and Standards of Behavior

Members and their guests shall always conduct themselves in a courteous and respectful manner towards all persons present at the Club, including, without limitation, the Club’s staff, management, and other members and their guests.

Members must respect the privacy of others at all times. Approaching, disturbing, or intruding upon another member’s personal space or experience within the Club is strictly prohibited.

Members of the Club and their guests shall not make any mention of or comment on the Club, its members, their guests, or any of the activities that take place on the Club’s premises to the press or any media organization.

Members are strictly forbidden from using the Club’s address for receiving any form of personal correspondence or representing the Club’s address as their personal residence or official place of business.

Committee

Kith Ivy may, in its sole discretion, establish an admissions advisory committee (the “Committee”) for the purpose of reviewing applications for membership and making recommendations regarding the same.

Kith Ivy is not under any requirement to disclose who the members of the committee are at any time.

Membership may be canceled, denied, or rejected by Kith Ivy in its sole discretion for whatever reason it deems appropriate. Any such determination by Kith Ivy shall be final and without the recourse of appeal on the part of any member or applicant for membership.

Fees

Initiation Fee: New members shall pay an initiation fee, if applicable, and annual dues within seven days of being notified that an application for membership has been approved.

• A sales tax of 8.875% will be added to fees and dues.
• A credit card processing fee of 3.6% will be added to fees and dues should the member choose to pay via credit card.

Annual dues and initiation fees are non-refundable.

The initiation fee and annual dues shall be established by Kith Ivy and are subject to change at Kith Ivy’s sole discretion.

Annual dues for any years following the first year of membership will be paid on the last day of the month, 12 months after membership was approved.

Members are required to pay for any goods and services provided by or on the Club premises on the same day as the charges are incurred.

Failure to pay any fees to the Club within seven days will make members liable for suspension and/or be forbidden to enter the Club until the fees are paid.

Kith Ivy may, in its sole discretion, terminate the membership of any member whose fees or charges remain unpaid for more than 30 days after they are due.

Membership

The Club welcomes applications from all persons over the age of 21.

Candidates for membership must be either:

•  Nominated by existing members of the Club and/or
• Appointed by the Kith Ivy Committee in its discretion

Kith Ivy has the sole discretion to approve or deny any application for membership.

Kith Ivy may delegate such responsibility to any other person or persons, as it determines in its sole discretion.

Successful applicants for membership will be informed in writing and thereafter be subject to the rules surrounding payment of the Club’s fees.

Newly accepted members will be welcome to attend the Club and make use of its facilities following payment of any membership fees and agreement to be bound by these rules.

Membership is granted on an annual basis and shall automatically renew on the last day of the month in which the anniversary of joining the Club occurs, unless a member is notified by the Club prior to that date that their membership will not be renewed. Kith Ivy is not required to give any reason for declining to renew any membership.

Kith Ivy may terminate the membership of any member at any time for any reason it deems appropriate in its sole discretion. By way of illustration, and without limiting the discretion of Kith Ivy to terminate the membership of any member for any reason, Kith Ivy shall be entitled to terminate the membership of any member due to:

• Allegations of criminal conduct by a member, whether such allegations have resulted in or could result in criminal charges or convictions.
• Credible allegations of racist, misogynistic, homophobic, or other bigoted conduct or statements by a member.
• Any alleged or actual misconduct by guests of a member at the Club.

Kith Ivy reserves the right to suspend a member’s membership of the Club for up to 90 days should there be reasonable grounds to believe that the member or their guest(s) have breached these rules or engaged in any conduct that might reasonably impair the reputation of the Club and/or its other members.

While a member is suspended, they will not be permitted to attend the Club’s premises or any of its events except if expressly invited to do so in writing by Kith Ivy or its representatives.

Any member may resign their membership at any time by giving written notice to the Club, but no portion of the initiation fee and/or annual dues will be refundable.

Members agree to keep the Club informed promptly in writing of any change of address and/or email or telephone number needed for the day-to-day administration of their membership.

Membership is non-transferable under any and all circumstances.

Liability

Except in the instance of gross negligence on the part of Kith Ivy, Kith Ivy’s liability for injuries or damages suffered on the premises of or in connection with the operation of the Club shall be limited to no more than the sum of the annual dues paid by the member.

The Club reserves the right to charge cancellation fees, as determined by the Club in its sole discretion, for members who fail to cancel and/or attend any prior reservations made.

Disputes & Differences

Any dispute or difference of opinion as to the meaning, interpretation, or application of these rules shall be determined by the Kith Ivy Committee, whose decision is absolute, final, and binding on all members of the Club and their guests.

Kith Ivy Club Member Acknowledgment

By signing below, I acknowledge that I have read, understood, and agree to abide by all the rules and policies outlined in the Kith Ivy Rules & Policies document. I understand that failure to comply with these rules may result in suspension or termination of my membership. I specifically acknowledge and agree to the following:

• Guest Policy: I am responsible for my guests' conduct and expenditure and must be present with them at all times.
• Dress Code: I will adhere to the dress code for Mogador and the Padel Courts, and understand that certain attire is prohibited.
• Access & Allowances: I understand the specific access and guest allowances for the Gym, Spa, Padel Courts, Mogador, Erewhon, and the Living Room.
• Fees: I will pay all initiation fees, annual dues, and charges for goods and services promptly. I understand that initiation fees and annual dues are non-refundable.
• General Conduct: I will conduct myself in a courteous and respectful manner, respect the privacy of others, and refrain from discussing Club matters with the press or media.
• Prohibited Items/Activities: I understand that pets, children, photography/videography on the club floor, phone/video calls, and leaving personal belongings overnight in locker rooms (for Founding, Social Members and guests) are prohibited.
• Membership Termination/Suspension: I understand that my membership may be canceled, denied, rejected, or suspended at Kith Ivy's sole discretion for various reasons, including misconduct or failure to pay fees.
• Disputes: Any disputes regarding the rules will be determined by the Kith Ivy Committee, whose decision is final.