ASSUMPTION OF RISK AND LIABILITY WAIVER AND RELEASE
This waiver is intended for all membership categories including guest memberships.
I, THE Responsible Party, on my own behalf, on behalf of all those who are listed as Additional Members and Guests under this Agreement, including my minor children and, my/their personal representatives, assigns, successors, heirs and next of kin (hereinafter collectively referred to as “the Releasors”) acknowledge and agree that the use of the facilities, service s, equipment, or premises operated by the Umpqua Valley Tennis Center (the “Club”) by the Releasors involves risk of injury to persons and property. The Releasors assumes full responsibility for such risks for myself/themselves. In consideration of being permitted to enter and use the facilities for any purpose, including, but not limited to, observation, services, equipment, training, or participation in any way, the Releasors agree to the following: The Releasors do hereby release and hold harmless the Club, its members, managers, and its directors, offices, shareholders, parents, subsidiaries, employees, trustees, independent contractors, successors, assigns and agents
(collectively “Club Affiliates”) from all liability to the Releasors, for any loss or damage. The Releasors waive, any claim or demands therefore based on, or on account of, any physical or mental injury or death to any of the Releasors and property damage including theft, sustained by any Releasors, whether caused by the active or passive negligence of the Club or otherwise. This release of liability includes, but is not limited to claims based on the following: the Club’s improper maintenance of its equipment (mechanical or otherwise), grounds or facilities; the Club’s negligent instruction or supervision, including personal training, or inadequate security or staffing while any of the Releasors is in, upon, or about the Club’s premises; the Releasors’ use of the Club’s facilities, services, or equipment; and/or slipping or tripping anywhere in or about the Club. Such facilities may include but not limited to: exercise equipment, locker rooms, sidewalks, parking lots, stairs, tennis/racquet courts, or lobby area. Such risk of injury includes, but is not limited to injuries arising from the participation by any of the Releasors or other in supervised or unsupervised activities at the Club, injuries and medical disorders, including, but not limited to death, heart attack, stokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others, arising from exercising or any recreational use of any of the Club ’s facilities or while participating in any of the Club’s programs, and accidental injuries occurring anywhere in or about the Club, including its dressing rooms, showers and other facilities.
The Releasors also agree to indemnify the Club and Club Affiliates from any loss, liability, damage or cost that the Club may incur due to the presence of any of the Releasors in, upon or about the Club’s premise or any way observing or using any of the facilities, services or equipment, whether caused by the Releasors’ negligence or otherwise. The Releasors expressly agree that the foregoing release and waiver of liability and agreement is intended to be as broad and as inclusive as permitted by the law of the state of Oregon, and that if any portion of the foregoing release and waiver is held invalid, then it is agreed that the remainder of this release and waiver of liability and indemnity agreement shall continue in full force and effect.
I acknowledge that I have carefully read this waiver and release of liability, and express assumption of risk and indemnity agreement. I am aware and agree that by executing this waiver and release, I, and all the Releasors are giving up any rights I/they may have to bring legal action or assert a claim against the Club for its negligence, or for any defective product on its premises.
I represent that I have the actual authority to, and do hereby enter into this Agreement on my behalf and as an authorized agent or parent or legal guardian for all the Releasors. I have read and voluntarily signed this waiver and release and I further agree that no oral representation, statements, or inducement apart from the foregoing written Agreement have been made to me or any of the Releasors.
TERMS AND CONDITIONS OF PAID MEMBERSHIPS or GUEST MEMBERSHIPS
1. Membership/Participant Agreement. You have entered into a Membership agreement at the Club and you (and all additional Members and/or Guests, (collectively “Participants”) agree to abide by all the terms in this Agreement, and to follow the Club’s established Membership Policies and any posted or published Club Rules. Your Membership permits the Participants to use the premises, facilities, equipment and services (collectively, the “Facilities”) in conformity with your Membership Type. Your Membership must be in good standing to use the Facilities. The Club reserves the right to amend its Membership Policies and Club Rules from time to time in its sole and absolute discretion. The failure of Participants to follow the Membership Policies and/or Club rules may result in cancellation of the Membership. The Membership is non-transferable, non-assignable, and it does not give you any legal or financial rights in the Club, its management, property, assets, or operation.
2. Agreement to Pay Membership Initiation Fees, Monthly Dues, Fees and All Charges. Responsible Party agrees to pay to The Umpqua Tennis Center (“the Club”) the initiation fee as detailed in the Club’s current schedule of rates and fees if applicable. In addition to this one-time initiation fee the applicant agrees to pay the monthly or yearly dues as set forth in the current schedule of rates and fees if applicable. Failure to pay the appropriate monthly dues or other Club charges and fees, or failure to follow any of the Clubs rules may result in termination by the Club of the applicant’s right to use the Club facilities. If the membership is terminated for any reason, either by the Club or the member, the initiation fee will not be refunded. You acknowledge that the Club’s monthly dues rate is subject to change. The Club may increase the dues and fees at any time. The Club will provide you with written notice at least thirty (30) days before the increase takes effect.
3. Membership Billing (if applicable). A credit card (or debit card) on file is required for all members. Once your credit card is entered into our online secured system, the only numbers we are able to see are the last four digits and the expiration date. UVTC statements will be processed on the 2nd business day of each month. Your credit card (debit card) will be automatically billed through a secured processor, First Data, when your statement is processed. If your card is denied for any reason, we will notify you immediately and ask that you correct the problem and have payment to UVTC no later than the 15th of the month.
4. Annual Agreement. Your initial membership begins when this Agreement is signed, pay the dues and initiation fees. You agree to commit to one (1) year of membership from the date this agreement is signed. A lessor membership type may not be substituted in place of the initial membership type during the agreement period. Your membership will renew for each subsequent year unless you terminate your membership in writing to the UVTC office.
5. Month-to-Month Agreement. Your membership automatically continues as a Month-to-Month Membership, which you may terminate at any time by sending written notice to the Club at least thirty (30) days prior to your termination date.
6. Hours of Access. For paid memberships: The minimum hours of access are 7:00 am to 10:00pm. The Club reserves the right to change the hours of access on thirty (30) days’ notice. For guest: With another member during the hours mentioned above or during regular office hours only.
7. Tennis & Pickleball Instruction. Each Participant understands that the Club will designate certain approved instructors, and that such instructors may be hired by the participant in association with his or her use of The Umpqua Valley Tennis Center facilities. Only Club approved instructors may provide such instruction and no other outside instructors may be hired by Participants to provide instruction.
8. Guest Policy for Paid Memberships. Guests may use the Club’s Facilities subject to payment of the current guest fees. Members who have an annual membership shall receive five (5) guest passes per year and no guest shall use more than two guest passes per month. Guests outside a sixty (60) mile radius may use the facilities at a discounted rate (see member handbook).
9. Cancellation: There is a $150 cancellation fee for any annual membership cancelled prior to one year. Guest memberships do not need to cancel their membership unless they choose to do so.
10. Cancellation Upon Death or Disability. If by reason of death or disability of a participant, the Participant is unable to receive all services for which Participant has contracted, the Participant and his/her estate shall be released from the obligation of making payment for such services other than those received prior to death or the onset of disability. In event Participant has prepaid any sum for service, so much of such sum as is allocated to services the Member has not taken shall be promptly refunded to Responsible Party or his/her representative on request. “Disability” means a condition which prevents the Participants from physically using the facilities, and the condition is verified by a physician.
11. Personal Property Liability. The Club is not liable to Participants or guests for personal property, including any automobile or its contents, that are lost, stolen, damaged or misplaced while Participants(s) or their guest are on or about the Club’s premises. Participant and Participant’s guest assume the risk of any loss, theft, or damage to his/her personal property while in, or about, the Club’s premises, and Participant and participant’s guest release the Club from all liability with respect thereto. The Club may provide lockers, cubicles or other storage for Participant’s and participant’s guest’s personal property; however, the provision of such storage facility is as a courtesy only, and neither the Club nor its employees or agents make any representative or warranty regarding the security of such storage or assume any responsibility or liability with respect to any property that is lost, stolen, damaged or misplaced.
12. Temporary Unavailability of Facilities or Change in Type or Schedule of Classes or Equipment. The Club may temporarily take facilities or equipment out of operation for reasonable repairs, modification, substitutions, or improvements. The Club reserves the right to make changes to the type or quantity of classes or equipment offered.
13. Notice. Any written notice required or permitted to be given to you by the Club under this Agreement shall be considered duly given when personally delivered to you or mailed to your address as it appears on this Membership Agreement, or any subsequent address provided by you to the Club in writing. Any notice required or permitted to be given to you to the Club is be considered duly given when received in writing by the Club’s office.
14. Change of Address. Responsible Party shall give written notice to the Club of any change of address and/or telephone numbers.
15. Termination for Cause by Club. The Club may, at its option, terminate a Participant’s membership if (1) Responsible Party/Participant fails to make timely payments under any payment plan, (2) Responsible Party/Participant fails to follow the Club’s membership rules and regulations of this Agreement, or (3) Responsible Party/Participant’s conduct is improper or harmful to the best interest of the Club or its members. Termination for cause is effective on the date of the Club mails a written notice to Responsible Party/Participant’s last known address. Responsible Party/Participant remains financially responsible for all dues and charges incurred until the date of termination.
16. Physical Condition and No Medical Advice. Each Participant represents that he or she is in good condition and has no medical condition or impairment that might prevent him/her from his/her intended use of the Club’s facilities. Each Participant acknowledges that the Club did not, has not, and will not give any medical advice at any time relating to Participant’s physical condition and participant’s ability to use the Club’s facilities. If a Participant has any medical concerns, those concerns should be discussed with a physician before using the Facilities. Each Participant acknowledges that neither the Club, Club Affiliates, nor any of its employees or agents are licensed medical practitioners, and their advice is therefore limited in scope and it’s not a substitute for medical supervision and advice. Each Participant represents that they are in good physical condition and that they have no disability, impairment or ailment preventing them from engaging or participating inactive or passive exercise which will be detrimental to their health, safety, comfort or physical condition. The Club has relied upon this representation, and therefore it has not made any examination of Participants to determine whether Participants can or should use the Facilities. A Participant who is placed under the care of a medical professional shall provide the Club with a release from their physician in regard to their ability to participate in club activities and programs.
17. Governing Law. This a\Agreement shall be construed and enforce in accordance with the laws of the State of Oregon.
18. Severability. The provision of this agreement are severable. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain enforceable. The Club’s failure to enforce any remedy or provision of this Agreement shall not be construed as a waiver of such remedy or provision.
19. Entire Agreement. This Agreement constitutes the entire agreement between the parties. This Agreement be altered or amended only by a written instrument signed by both the Responsible Party and the Club. This Agreement supersedes all prior agreements and understanding, whether written, oral, or inferred by the conduct of the parties, if any, between any one or more of the Participants/Members and the Club or the Club’s predecessors in interest.
20. DISCLAIMER OF RESULTS. RESPONSIBLE PARTY/PARTICIPANT ACKNOWLEDGES AND AGREES THAT NO WARRANTIES OR REPRESENTATIONS HAVE BEEN MADE REGARDING THE RESULTS THAT RESPONSIBLE PARTY/PARTICIPANT MAY OR MAY NOT ACHIEVE FROM THE USE OF THE CLUB OR ANY SPECIALIZED PROGRAM
OFFERED BY THE CLUB. RESPONSIBLE PARTY/PARTICIPANT UNDERSTANDS THAT RESULTS ARE INDIVIDUAL, AND MAY VARY. RESPONSIBLE PARTY/PARTICIPANT ACKNOWLEDGES AND AGREES THAT THERE ARE DANGERS AND RISKS OF INJURY OR PHYSICAL DISORDER INHERENT IN PARTICIPATION IN ANY ATHLETIC ENDEAVOR AND THAT PARTICIPATION IN THIS PROGRAM DOES NOT REMOVE THESE DANGERS OR THE RISK OF INJURY OR PHYSICAL DISORDER.