Bluewater Bay Tennis Center Member Agreement

(For non-members to sign also)

1. PHYSICAL ACTIVITY READINESS. The Tennis club reserves the right to decline membership to anyone having medical conditions requiring any professional medical supervision. You, on behalf of yourself and any co-member(s), represent that: (a) you and any co-members (s) are voluntarily engaging in physical exercise, are in good physical condition and have no disabilities, diseases, illnesses or other conditions that could prevent you or any co-member(s) from exercising and using the Tennis club Facilities without injuring yourself/themselves or impairing your/their health; (b) you have consulted a licensed physician concerning an exercise program that will not expose you to risk of injury or impairment to your health; and (c) your physician has approved your contemplated activities at the Tennis club.

If you or any co-member(s) have any special exercise requirements or limitations, you agree to disclose them to the Tennis club before using the Tennis club Facilities or when seeking help in establishing or carrying on an exercise program. You and any co-member(s) acknowledge that the Tennis club has not given you/them any medical advice and you/they are relying solely on the advice of you/their licensed physicians regarding the ability to use the Tennis club Facilities. You agree to consult with your physician prior to make any dietary changes or use of any food supplements.

(a) LIABILITY WAIVER. You understand the possible risks associated with sports, conditioning programs, and use of ECT Management’s equipment at Bluewater Bay Tennis Center. You assume liability for all co-members added to your membership. You agree Emerald Coast Tennis Management, LLM (ECTM) will not be liable for injury incurred for any cause whatsoever, including but not limited to, negligence by ECTM employees or members. If there is any claim by anyone based on any injury or damage, which involves you or your guest(s) you agree to pay ECTM for all expenses relating to the claim and indemnify ECTM for all liabilities to you or anyone else, resulting from such claims.

(b) LIMITATION OF LIABILITY. You understand and agree that the Tennis club is not responsible for loss, damage or theft of personal property of members or guests while in or on the Tennis club premises.

(c) COSTS AND ATTORNEYS' FEES. If any action, suit, arbitration or other proceeding is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party's costs incurred therein, in collection of any judgement, enforcement of any indemnity rights, and in all appeals or petitions therefrom, including, without limitation, court costs and reasonable attorneys' fees. This section shall not be deemed to provide for the award of attorneys' fees for personal injury or non-contractual claims.

(d) PHOTOGRAPHY AND VIDEO BY TENNIS CLUB. From time to time, ECTM will take photographs or video of members and guests using the Tennis club. ECTM reserves the right to use these photographs or video in its promotional materials, including, but not limited to, posting the pictures or video at the Tennis club or on its website or appropriate internet sites.

(e)RETURNS. Merchandise purchased from the pro shop in like new condition with original packaging and tags may be exchanged or returned for a full refund up to 30 days from the original date of purchase. Proof of purchase is required, such as a receipt or documentation from your membership account.

(f) TENNIS CLUB CLOSURE. The Tennis club may close the tennis club without notice due to inclement weather or unexpected emergencies.

(g) NOTICES. Please remember to inform Member Services of any physical or email address changes. Any notice shall be considered delivered when mailed or emailed to the address as it appears on your membership application or as subsequently changed by written notice to the Tennis club. Members are not permitted to advertise or post notices inside or about the Tennis club without permission from Member Services.

(h)ALCOHOL. As mandated by the Florida state law, the following rules apply to consumption of alcohol on the BBTC property. Members may not bring alcohol to the Tennis Center. Alcohol purchased at the BBTC may only be consumed within permitted areas. Alcohol may not be taken from the BBTC property. Members and guests must show proper identification prior to alcohol purchase. BBTC reserves the right to refuse to serve alcohol to any person.

2. GENERAL RULES. Member agrees to abide by all rules and regulations of the Tennis club as it appears in this Agreement now in effect and as may be amended from time to time. All signs posted in the Tennis club Facilities shall be considered a part of the rules and regulations.

(a) All members and guests must check in at the Tennis club front desk upon arrival for every visit.

(b) Member and guest must wear attire that is dignified and appropriate for a family tennis club. Attire must also be appropriate for the particular activity. Members must wear shirts at all times. Any type of clothing intended to be an undergarment is not permitted in any part of the Tennis club except in the locker rooms. Torn or cut-off clothing and clothing with obscene language is not permitted. Black-soled footwear and open toed shoes such as sandals are not allowed on the courts. The tennis club reserves the right to deny access to all or any part of the Tennis club for violation of the dress code guidelines.

(c) The actual amount of open court time made available on a daily basis is not guaranteed and is at the discretion of tennis club management. Reservations may be made by calling the tennis club. All courts are on a reservation basis. After 15 minutes, the member's reservation is cancelled and returned to Tennis club for general usage. A single/family membership may only book one court at a time. A member must be present on each court and time is restricted to two (2) hours per reservation. If courts are available, additional time will be available in 1/2-hour increments. All court fees, clinics, and lessons must be paid or signed for prior to entering courts. The Tennis club reserves the right to make the tennis courts available for tournament and promotional or special events, at which time use by the Members may be restricted. The earliest possible cancellation of a court reservation is encouraged. As a courtesy to other players, cancellations should be made four (4) hours prior to the court start time. Members who cancel within four hours of reservation time or do not show for a reserved court, may be charged a no-show fee if no other courts are available. All tennis lessons require a minimum of 24 hours notification of cancellation to avoid being charged for the lesson.

(d) Outside trainers, coaches, or instructors (or anyone acting as a trainer, coach, or instructor) may not do business of any kind at our facility, whether in the form of client solicitation or actual instruction or training facilitation on our property. All coaching, training, instruction, etc. on the tennis club's property must be conducted by ECTM employees or ECTM independent contractors.

(e) No smoking, firearms or illegal drugs are permitted on the premises.

(f) Cellular phones with camera capabilities may not be used in the locker room areas at any time.

(g) Members and guests are expected to help keep all Tennis club Facilities neat and tidy out of consideration for other members.

(h) Children under 14 using the Tennis club must either be attending a class, lesson, camp or be accompanied by a parent or guardian, who is supervising the child at all times, while using the tennis club.

(i) For your protection do not bring valuables into the Tennis club. The Tennis club is not responsible or liable to members or their guests for damaged, lost or stolen items in or about the Tennis club, in lockers, or for loss or damage to any property, including but not limited to automobiles and the contents thereof.

(j) The Tennis club will hold lost items for up to two weeks. At the end of such period, the items will be donated to a local charity or disposed of. For any lost items, please immediately contact Member Services. To recover any lost item, you must verify ownership in person.

(k) The Tennis club prohibits the display of any form of promotion or advertising in the Tennis club without the express written consent of Tennis club management in advance.

(l) The member shall pay for any damage to the Tennis club's property by the member, member's guest(s), or dependent children.

Terms and Conditions Not Inclusive. The membership agreement terms herein are not inclusive. Signs and other rules and regulations posted in the Tennis club will be considered additional terms and conditions and may be amended at the Tennis club's sole discretion.

                                                           Authorization for Credit Card (EFT) and Checking/Savings ACH

Bluewater Bay Tennis Club membership includes access to a house charge account to be used for tennis services and pro shop purchases during the month. The electronic funds transfer system retains credit card or banking information that is processed at the end of each billing period to pay the balance on this account via credit card charge or automated clearinghouse bank transfer.

                                          BLUEWATER BAY TENNIS CLUB JUNIOR LIABILITY DISCLAIMER 

LIABILITY DISCLAIMER: in consideration of the Bluewater Bay Tennis Center allowing my child/children’s participation at the club, I for myself and my child/children release Bluewater Bay Tennis Center and it’s partners and affiliated offices, directors, agents, and employees from and waive all claims, damages, and liabilities whatsoever for the property damage loss, personal injury or death arising from or in connection with my child/children‘s participation in the event and or practice indefinitely.      

Emerald Coast Tennis and Management retains the rights to any video and/or photography taken during the event/practice to be used for the company’s publicity and advertising.

       By checking the box below, Member acknowledges he/she has read and agrees with the contents of this membership agreement.

Bluewater Bay Tennis Center Reservation and

Cancellation Policies

Reservation Policy:

• Court availability can be checked online up to 14 days in advance.
• Court reservations can be made 8 days in advance starting at 8pm. For example, if today is Thursday, you would be able to book a reservation tonight (Thursday) at 8pm for the following Friday.
• Members can only book and appear on one single reservation during concurrent times.
• Online reservations can be booked no later than 30 minute before the start time.
• Reservations can be booked for a maximum of 2 hours in 30 minute increments.
• Back to back bookings are not allowed. There must be a minimum of 30 minutes between bookings.
• Members are REQUIRED to add ALL participants for each reservation.
• Adult memberships are allocated 4 free guest passes per calendar year.
• If all guest passes have been used, guests will pay a regular non-member fee of $20 per hour.
• Guests may visit the Tennis club a maximum of six times per year, regardless of whether he of she is the guest of one or more members.
• The ball machine can be reserved online at any time for any open time slot from 8am to 9pm.

Cancellation Policy:

ECT Management reserves the right to close courts due to excess water making them unplayable. In the case that some courts are playable, and others are not, lesson and clinic courts will take priority. If there are remaining playable courts, the members who booked furthest in advance will get first use of the other playable courts.

Reservations:

• We ask that members cancel their ball machine reservation at least 2 hours in advance of their reservation time.

• If you book a court during morning peak hours and do not show up or cancel at least 12 hours in advance you will be charged a $20 penalty.

  Lesson/Clinics/Groups:

  We understand that unplanned issues can come up and you may need to cancel a lesson or withdraw from an event. If that happens, we respectfully ask for cancellations to be made at least 24 hours in advance. All teaching staff want to be available for your needs and the needs of all our clients. When a client does not show up for a scheduled lesson/event or cancels on the day of a lesson/event, another client loses the opportunity to play. This has caused us to strictly enforce the policy of charging full price for no-shows and cancellations not made within 24 hours.

   

  We will make the following adjustments to Junior clinic times if we have minimal players show:

• 1 hour groups will be reduced to 30 minutes if 2 or less players are present for the clinic.
• 1 ½ hour groups will be reduced to 45 minutes if only one player is present and reduced to 1 hour if only two players are present.

Please note: If more than 2 players are present, the clinic will remain the length of its normal scheduled time.

We respectfully ask Members, players, and parents not to contact teaching pros about cancellation fees as it is not within their control to refund or void your transactions.

We appreciate your understanding as we implement these policies, which will enable us to better facilitate your needs as our valued customers.

Regards,

ECT Management