PLEASE READ THESE DISCLOSURES & DISCLAIMERS CAREFULLY.
By voluntarily submitting your information to Swing Courts Inc., you, the Swing Member, acknowledge that you have read, understand, and agree to these Disclosures. You also acknowledge you have read, understand, and agree to our Policy Statement herein, which includes your express permission to contact you by email, telephone, and/or text messages using automated technology.
POLICY STATEMENT AND PROCEDURES.
At Swing Courts Inc., ("Swing," "our," or "we"), we have adopted policies, procedures, rules, and regulations, including those described herein ("policies" or “Policy Statement”) designed to provide for the safe, enjoyable, and healthy use of our premises and events by you, our members, and visitors. These policies apply to your conduct on Swing’s premises, including its centres, courts, washrooms and all outdoor areas, including its parking lots, entryways, stairs and sidewalks ("premises"). These policies also apply to your conduct during our events or other Swing sponsored activities ("events").
As a member of, or visitor to Swing you are responsible and expected to review and comply with these policies at all times. If you violate any of these policies, your membership, centre 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. As a member of, or visitor to Swing, you are responsible and expected to review and comply with these policies at all times.
CANCELLATION & REFUNDS OF COURT RESERVATION FEES. You may cancel a court or program reservation by logging onto Swing’s Court Reserve server and cancelling electronically, or by calling Swing directly. We don’t accept cancellations by voicemail, you must speak to a live staff member to cancel your reservation. We will refund all amounts paid if we receive your cancellation notice within 24 hours of your scheduled reservation date and time. We will not refund any amount for a reservation that you fail to attend (“no show”) or fail to reschedule or postpone, at least 24 hours in advance.
SWING MEMBERSHIP. All Swing membership fees are non refundable, unless the Membership is cancelled during the first thirty (30) days of the Membership term. The term of a Membership shall commence on the date it is purchased and continue until midnight on the day before the purchase date 12 month anniversary. Swing may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. If a member cancels his/her membership, and wishes to re-instate the membership within 12 months that member will be subject to a re-instatement fee of $150. Swing Memberships are non transferrable and non deferrable.
MEMBER INFORMATION. We expect Swing Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, contact phone number and payment profile. Members can change their account information by logging in to Court Reserve and updating their account information.
OPEN PLAY PROGRAMS. Open Play programs are 2-hour court skill specific reservations provided for all players, including members and visitors. It is a Swing Membership benefit that participation in Open Play programs is included in Membership fee, however Open Play programs are not exclusive to Swing Members. In an effort to provide access to Open Play Programs to all Swing players, no individual may be registered in more than one Open Play session at any given time. Players who make Open Play program reservations, and fail to attend (“no show”) or fail to reschedule or postpone, with at least 24 hour notice will forfeit their Open Play program reservation privilege for a period of ten (10) calendar days.
SKILL ASSESSMENTS. Swing seeks to maintain an accurate skill level participation in all of its programs. Before you register for a program or join a ladder/league, take a few minutes to rate yourself using the self-assessment guidelines found on the International Pickleball Teaching Professional Association website at https://iptpa.com/iptpa-rating-skills-assessment. Find the level that best describes your general level of ability during a match (not in practice). Remember that your results during match play will improve over time, so come back to do a self-rating periodically. For Swing Academy programs Levels 3.5 and above, players are required to complete a Player Assessment with a Swing Academy coach. Player Assessments at this level are provided free of charge at Swing Courts and take approximately 10 minutes to complete.
HEALTH & SAFETY. The health and safety of our members and visitors is our highest priority. While our policies are designed to help protect you, Swing 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 Swing’s premises, facilities, equipment, services, activities, or products ("Use of Club Pickleball Premises and Services”).
On behalf of yourself and your spouse/partner, children, and visitor(s), you attest that you are physically and mentally capable of participating in Swing 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 Swing activities.
COVID-19 POLICIES. Swing Courts Inc. is a federally incorporated corporation. Swing operates in the Province Of Ontario and is expected to follow all Provincial Orders in regard to Covid-19 Policies and Procedures including the wearing of a face mask in all areas of the facility, with the exception of the pickleball courts while engaged in play. Swing will employ increased cleaning of high-touch surfaces, multiple hand sanitizing stations, limited capacity in the facility including restricting congregating inside. Please arrive no more than 10 minutes before your scheduled court time and depart within 10 minutes after your court reservation concludes.
Effective September 22, 2021, the Ontario government requires people to be fully vaccinated (two doses plus 14 days) and provide proof of their vaccination status along with photo ID to access certain indoor businesses and settings. Those who cannot receive the vaccine due to valid medical reasons and children under age 11 years will be exempt.
For more information about Covid-19 Policy Requirements for Swing Courts, consult the Simcoe Muskoka Health Unit website at https://www.simcoemuskokahealth.org.
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 Swing's premises, facilities, equipment, services, activities, and products.
USE OF PREMISES AND SERVICES. You understand that use of Swing’s premises, facilities, equipment, services, activities, or products can include but is not limited to (1) pickleball courts, washrooms, lobby, entryways, sidewalks, stairs, 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 Swing on or off its premises.
RISKS. You understand that the dangers, hazards, and risks of injury or damage in the Use of Swing’s 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, or your visitor(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, or visitor(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 Swing’s Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the NEGLIGENCE OF SWING, you, your visitor(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, visitors, parents, guardians, heirs, next of kin, personal representatives, heirs, and assigns, you hereby voluntarily and forever release and discharge Swing from, covenant and agree not to sue Swing 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, in the Use of Swing Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF SWING, you, and/or any other person ("collectively, "Negligent Claims").
NEGLIGENCE CLAIMS. You understand that Negligence Claims include but are not limited to Swing's (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Swing 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).
SWING’S FEES AND COSTS. You expressly agree that, if you (on your own behalf or on behalf of another, including an estate) assert a Negligence Claim against Swing and/or breach your agreement not to sue Swing you will pay all reasonable fees (including legal fees), costs, and expenses incurred by Swing ("Swing'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, other member(s), visitor (s), parents, guardians, heirs, next of kin, personal representative, heirs, and assigns, you agree to defend, indemnify, and hold Swing harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Swing by any other person (including but not limited to any visitor, and other Swing Member, or visitor, any family member who is not a Swing Member, or any other person or entity) arising out of, resulting from, or caused by the Use of Swing Premises and Services by you, other Member(s), or visitors(s). Your agreement to defend Swing means that you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Swing to resolve the claim.
INSURANCE and OTHER WAIVERS. Premier Canada requires that Swing Courts Inc. participants acknowledge and sign an insurance waiver. All participants entering Swing’s facility will be required to sign and date an insurance waiver, as well as any other waivers deemed necessary by Swing Courts in the normal course of operations as an indoor pickleball sport facility.
(c) Swing Courts Inc. 2021