PLEASE READ THESE DISCLOSURES & DISCLAIMERS CAREFULLY.
By voluntarily submitting your information to Club Pickleball USA LLC, you, the Account Member or Visitor, acknowledge that you have read, understand, and agree to these Disclosures. You also acknowledge you have read, understand, and agree to our Privacy Statement at clubpickleusa/policies, which includes your express permission to contact you by telephone and send you prerecorded messages and text messages using automated technology to the telephone number provided.
At Club Pickleball USA, LLC, ("Club Pickleball," "our," or "we"), we have adopted policies, procedures, rules, and regulations, including those located at www.clubpickleballusa.com/policies ("policies") designed to provide for the safe, enjoyable, and healthy use of our premises and events by you, our members, and guest. These policies apply to your conduct on Club Pickleball's premises, including its centers, courts, and all outdoor areas, including its parking lots, and sidewalks ("premises"). These policies also apply to your conduct during our events or other Club Pickleball's sponsored activities ("events").
As a member or guest of Club Pickleball, you are responsible and expected to review and comply with these policies at all times. If you violate any of these policies, your membership, center access, or event participation may be suspended or terminated. Our decision on all questions regarding construction or interpretation of these policies is final.
We may change these policies at any time without notice, in our sole discretion. You may find the most recent version of these policies at clubpickleballusa.com/policies. As a member or guest of Club Pickleball, you are responsible and expected to review and comply with these policies at all times.
CANCELLATION & REFUNDS. Club memberships are month to month or year to year. You may cancel your next billing cycle (the following year or following month) at anytime. If you do not request a cancelation, your membership will renew automatically and we will issue a courtesy email to notify you prior to renewal. Because member privileges are immediate -- discounted court rates, discounted programming play, discounted drop-in events -- canceling your membership will not include a refund of any prior payments.
You may cancel a court reservation by going to courtreserve.com or accessing the CourtReserve app. We will refund all amounts paid if we receive your cancellation notice 48 hours in advance from your scheduled reservation date and time. We will not refund any amount for a reservation that you fail to attend or fail to reschedule or postpone at least 48 hours in advance. For party or group events, cancelation must be at least 14 days in advance of your event. Inside 14 days, you may request a reschedule, but no refund is available and reschedule is not guaranteed. Inside 48 hours there is no opportunity for refund or reschedule.
All product sales are final. Club Pickleball provides sample & demo versions of every paddle available for sale and it is expected that every transaction is preceded by sufficient sampling before making a purchase. If a product is, to Club Pickleball's best assessment, in an unopened and unused condition then Club Pickleball may, at their sole discretion, offer a refund or replacement. For a product that has been used there are no refunds, but the manufacturer's warranty would be applicable and Club Pickleball will provide proof of purchase to facilitate a warranty request from a manufacturer.
HEALTH & SAFETY. The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, Club Pickleball cannot remove all risk or otherwise guarantee or promise that you will not sustain any injuries or damages from viruses, infectious diseases, or other health hazards associated with your use of Club Pickleball's premises, facilities, equipment, services, activities, or products ("Use of Club Pickleball Premises and Services”).
On behalf of yourself and your spouse/partner, children/Minor Member(s), and Guest(s), you attest that you are physically and mentally capable of participating in Club Pickleball activities and have no known health restrictions that might jeopardize your health or safety or the health or safety of others during their participation in Club Pickleball activities.
ASSUMPTION OF RISK. You understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of Club Pickleball's premises, facilities, equipment, services, activities, and products.
Use of Premises and Services. You understand that use of Club Pickleball's premises, facilities, equipment, services, activities, or products can include but is not limited to (1) pickleball courts, lobby, entryways, sidewalks, parking lots, and any other facilities; (2) use of services and participation in activities including but not limited to special athletic events; and (3) all other programs, activities, classes, sessions, events, amenities, or benefits that are sponsored, endorsed, or operated by Club Pickleball on or off its premises.
Risks. You understand that the dangers, hazards, and risks of injury or damage in the Use of Club Pickleball Premises and Services ("Risks") may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including "slip and falls"; (2) equipment failure, malfunction, or misuse; (3) property or information theft, misuse, or damage, including from vehicles, equipment, files, or systems; and (4) other accidents or incidents that your result in injury or damage to you, Minor Member(s), or Guest(s).
Injuries. You understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages ("injuries") to you, Minor Member(s), or Guest(s), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn, or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises, and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage.
You understand that Risks and Injuries in the Use of Club Pickleball Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the NEGLIGENCE OF CLUB PICKLEBALL, you, Minor Member(s), Guest(s) and/or other persons. YOU FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.
WAIVER OF LIABILITY. On behalf of yourself and your spouse/partner, children/Minor Members, Guests, parents, guardians, heirs, next of kin, personal representatives, heirs, and assigns, you hereby voluntarily and forever release and discharge Club Pickleball from, covenant and agree not to sue Club Pickleball for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses, or any other alleged liabilities or obligations of any kind of nature, whether known or unknown (collectively, "Claims") for any injuries to you, Minor Member(s), or Guest(s) in the Use of Club Pickleball Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF CLUB PICKLEBALL, you, any Minor Member(s), or Guest(s), and/or any other person ("collectively, "Negligent Claims").
Negligence Claims. You understand that Negligence Claims include but are not limited to Club Pickleball's (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Club Pickleball Premises and Services; (2) negligent failure to warn of or remove hazardous, unsafe, dangerous, or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure, or storage of personal, sensitive, or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).
Club Pickleball's Fees and Costs. You expressly agree that, if you (on my own behalf or on behalf of another, including an estate) asset a Negligence Claim against Club Pickleball and/or breach my agreement not to sue Club Pickleball. You will pay all reasonable fees (including attorneys' fees), costs, and expenses incurred by Club Pickleball ("Club Pickleball's Fees and Costs") to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).
DEFENSE AND INDEMNIFICATION. On behalf of yourself and your spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representative, heirs, and assigns, you agree to defend, indemnify, and hold Club Pickleball harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Club Pickleball by any other person (including but not limited to any Other Member, any Guest, and other Club Pickleball member, or guest, any family member who is not a Club Pickleball member, or any other person or entity) arising out of, resulting from, or caused by the Use of Club Pickleball Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). Your agreement to defend Club Pickleball means that you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Club Pickleball to resolve the claim.