PLEASEREAD THESE DISCLOSURES & DISCLAIMERS CAREFULLY.
Byvoluntarily submitting your information to Club Pickleball USA LLC, you, theAccount Member or Visitor, acknowledge that you have read, understand, andagree to these Disclosures. You also acknowledge you have read, understand, andagree to our Privacy Statement at clubpickleusa.com/policies, which includesyour express permission to contact you by telephone and send you prerecordedmessages and text messages using automated technology to the telephone numberprovided.
 
At ClubPickleball USA, LLC, (“Club Pickleball,” “our,” or “we”), we have adoptedpolicies, procedures, rules, and regulations, including those located atwww.clubpickleballusa.com/policies (“policies”) designed to provide for thesafe, enjoyable, and healthy use of our premises and events by you, ourmembers, and guest. These policies apply to your conduct on Club Pickleball’spremises, including its centers, courts, and all outdoor areas, including itsparking lots, and sidewalks (“premises”). These policies also apply to yourconduct during our events or other Club Pickleball’s sponsored activities(“events”).
 
As amember or guest of Club Pickleball, you are responsible and expected to reviewand comply with these policies at all times. If you violate any of thesepolicies, your membership, center access, or event participation may besuspended or terminated. Our decision on all questions regarding constructionor interpretation of these policies is final.
 
We maychange these policies at any time without notice, in our sole discretion. Youmay find the most recent version of these policies atclubpickleballusa.com/policies. As a member or guest of Club Pickleball, youare responsible and expected to review and comply with these policies at alltimes.
 
CANCELLATION& REFUNDS. Club memberships are month to month or year to year. Youmay cancel your next billing cycle (the following year or following month) atanytime. If you do not request a cancelation, your membership will renewautomatically and we will issue a courtesy email to notify you prior torenewal. Because member privileges are immediate — discounted court rates,discounted programming play, discounted drop-in events — canceling yourmembership will not include a refund of any prior payments.
You maycancel a court reservation by going to courtreserve.com or accessing theCourtReserve app.  We will refund all amounts paid if we receive yourcancellation notice 48 hours in advance from your scheduled reservation dateand time. We will not refund any amount for a reservation that you fail toattend or fail to reschedule or postpone at least 48 hours in advance. Forparty or group events, cancelation must be at least 14 days in advance of yourevent. Inside 14 days, you may request a reschedule, but no refund is availableand reschedule is not guaranteed. Inside 48 hours there is no opportunity forrefund or reschedule.
Allproduct sales are final. Club Pickleball provides sample & demo versions ofevery paddle available for sale and it is expected that every transaction ispreceded by sufficient sampling before making a purchase. If a product is, toClub Pickleball’s best assessment, in an unopened and unused condition thenClub 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’swarranty would be applicable and Club Pickleball will provide proof of purchaseto facilitate a warranty request from a manufacturer.
 
HEALTH& SAFETY. The health and safety of our members and guests is our highestpriority. While our policies are designed to help protect you, Club Pickleballcannot remove all risk or otherwise guarantee or promise that you will notsustain any injuries or damages from viruses, infectious diseases, or otherhealth hazards associated with your use of Club Pickleball’s premises,facilities, equipment, services, activities, or products (“Use of ClubPickleball Premises and Services”).
 
Onbehalf of yourself and your spouse/partner, children/Minor Member(s), andGuest(s), you attest that you are physically and mentally capable ofparticipating in Club Pickleball activities and have no known healthrestrictions that might jeopardize your health or safety or the health orsafety of others during their participation in Club Pickleball activities.
 
ASSUMPTIONOF RISK. You understand that there are dangers, hazards, and risks ofinjury or damage, some of which are inherent, in the use of Club Pickleball’spremises, facilities, equipment, services, activities, and products.
 
Useof Premises and Services. You understand that use of Club Pickleball’s premises,facilities, equipment, services, activities, or products can include but is notlimited to (1) pickleball courts, lobby, entryways, sidewalks, parking lots,and any other facilities; (2) use of services and participation in activitiesincluding but not limited to special athletic events; and (3) all otherprograms, activities, classes, sessions, events, amenities, or benefits thatare sponsored, endorsed, or operated by Club Pickleball on or off its premises.
Grantof Rights & Release. You hereby grant Club Pickleball the irrevocable andunrestricted right to use, reproduce, and distribute photographs and/or videostaken of you, your guest(s) or anyone in your party for any purpose, includingbut not limited to marketing, advertising, promotion, and social media. Youacknowledge and agree you will not receive any royalties or compensation forthe use of the Materials. This release is provided voluntarily, and youunderstand you are not entitled to any payment or consideration. This shall beeffective as of the first time you enter Club Pickleball and shall remain ineffect indefinitely.
Risks. Youunderstand that the dangers, hazards, and risks of injury or damage in the Useof Club Pickleball Premises and Services (“Risks”) may include but are notlimited 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 yourresult in injury or damage to you, Minor Member(s), or Guest(s).
 
Injuries. Youunderstand that such injuries or damages may include but are not limited tomajor or minor personal, physical, bodily, emotional, mental, economic,property, or other types of injuries or damages (“injuries”) to you, MinorMember(s), or Guest(s), including but not limited to (1) death; (2) paralysis,brain damage, heart attacks, strokes, disfigurement, heat stress and/or heatstroke, dehydration, concussions, hearing loss, torn, or damaged muscles orligaments, broken bones, allergic reactions, burns, sprains, bruises, andscrapes; (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, orshock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused ordamaged property or information; and (9) any other disability, impairment,incapacity, injury or damage.
 
Youunderstand that Risks and Injuries in the Use of Club Pickleball Premises andServices (collectively, “Risks of Injury”) may be caused, in whole or inpart, by the NEGLIGENCE OF CLUB PICKLEBALL, you, Minor Member(s),Guest(s) and/or other persons. YOU FULLY UNDERSTAND, ANDVOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.
 
WAIVEROF LIABILITY. On behalf of yourself and your spouse/partner, children/MinorMembers, Guests, parents, guardians, heirs, next of kin, personalrepresentatives, heirs, and assigns, you hereby voluntarily and forever release and discharge Club Pickleball from, covenantand 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 liabilitiesor obligations of any kind of nature, whether known or unknown (collectively,“Claims”) for any injuries to you, MinorMember(s), or Guest(s) in the Use of Club Pickleball Premises andServices which arise out of, result from, or are caused by any NEGLIGENCEOF CLUB PICKLEBALL, you, any Minor Member(s), or Guest(s), and/orany other person (“collectively, “Negligent Claims”).
 
NegligenceClaims. You understand that Negligence Claims include but are notlimited to Club Pickleball’s (1) negligent design, construction (includingrenovation 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, ordefective condition; (3) negligent failure to provide or keep premises in areasonably safe condition; (4) negligent provision of or failure to provideemergency care; (5) negligent hiring, selection, training, instruction,certification, supervision, or retention of employees, independent contractorsor volunteers; (6) negligent collection, use, disclosure, or storage ofpersonal, sensitive, or other information (including negligent failure toimplement or maintain information security controls); or (7) other negligentact(s) or omission(s).
 
ClubPickleball’s Fees and Costs. You expressly agree that, if you (on my ownbehalf or on behalf of another, including an estate) asset a Negligence Claimagainst Club Pickleball and/or breach my agreement not to sue ClubPickleball. You will pay all reasonable fees (includingattorneys’ fees), costs, and expenses incurred by Club Pickleball (“ClubPickleball’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).
 
DEFENSEAND INDEMNIFICATION. On behalf of yourself and your spouse/partner, children/MinorMember(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 fromand against any Claim (including any Negligence Claim) asserted against ClubPickleball by any other person (including but not limited toany Other Member, any Guest, and other Club Pickleball member, or guest, anyfamily member who is not a Club Pickleball member, or any other person orentity) arising out of, resulting from, or caused by the Use of Club PickleballPremises and Services by me, Minor Member(s), Other Member(s), or Guest(s).Your agreement to defend Club Pickleball meansthat you will pay any settlement, judgment, or otherdamages, fees, or costs of any type incurred by Club Pickleballto resolve the claim.