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By voluntarily submitting your information to ICT Pickleball LLC (DBA and hereinafter referred to as “TapNPaddles”), 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 www.tapnpaddles.com/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 TapNPaddles, (“our,” or “we”), we have adopted policies, procedures, rules, and regulations, including those located at www.tapnpaddles.com/policies (“policies”) designed to provide for the safe, enjoyable, and healthy use of our premises and events by you, our members, and guests. These policies apply to your conduct on TapNPaddles’ premises, including its restaurant and patio, event room and other public spaces, courts, and all outdoor areas, including its parking lots, and sidewalks (“premises”). These policies also apply to your conduct during our events or other TapNPaddles’ sponsored activities (“events”).
As a member or guest of TapNPaddles, you are responsible and expected to review and comply with these policies at all times. If you violate any of these policies, your membership, facility 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, at our sole discretion. You may find the most recent version of these policies at www.tapnpaddles.com/policies. As a member or guest of TapNPaddles, you are responsible and expected to review and comply with these policies at all times.
Club memberships are year to year. You may cancel your next billing cycle (the following year) at any time. If you do not request a cancellation, 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 of 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, cancellation must be at least 14 days in advance of your event. Within 14 days, you may request a reschedule, but no refund is available and reschedule is not guaranteed. Within 48 hours there is no opportunity for refund or reschedule.
All product sales are final. TapNPaddles provides sample and 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 TapNPaddles’ best assessment, in an unopened and unused condition then TapNPaddles 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 TapNPaddles will provide proof of purchase to facilitate a warranty request from a manufacturer.
The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, TapNPaddles 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 TapNPaddles’ premises, facilities, equipment, services, activities, or products (“Use of TapNPaddles 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 TapNPaddles 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 TapNPaddles activities.
You understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of TapNPaddles’ premises, facilities, equipment, services, activities, and products.
You understand that use of TapNPaddles’ premises, facilities, equipment, services, activities, or products can include but is not limited to (1) pickleball courts, lobby, restaurant and bar, restrooms and locker rooms, 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 TapNPaddles on or off its premises.
You understand that the dangers, hazards, and risks of injury or damage in the Use of TapNPaddles 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).
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 TapNPaddles Premises and Services (collectively, “Risks of Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF TAPNPADDLES, you, Minor Member(s), Guest(s) and/or other persons. YOU FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.
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 TapNPaddles from, covenant and agree not to sue TapNPaddles 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 TapNPaddles Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF TAPNPADDLES, you, any Minor Member(s), or Guest(s), and/or any other person (“collectively, “Negligent Claims”).
You understand that Negligence Claims include but are not limited to TapNPaddles’ (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of TapNPaddles 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).
You expressly agree that, if you (on your own behalf or on behalf of another, including an estate) assert a Negligence Claim against TapNPaddles and/or breach your agreement not to sue TapNPaddles, you will pay all reasonable fees (including attorneys’ fees), costs, and expenses incurred by TapNPaddles (“TapNPaddles’ 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).
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 TapNPaddles harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against TapNPaddles by any other person (including but not limited to any Other Member, any Guest, and other TapNPaddles member, or guest, any family member who is not a TapNPaddles member, or any other person or entity) arising out of, resulting from, or caused by the Use of TapNPaddles Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). Your agreement to defend TapNPaddles means that you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by TapNPaddles to resolve the claim.