SECTION 1.  AGREEMENT TO RULES, TERMS AND CONDITIONS

Thank you for becoming a member of Jumbo’s Pickleball (the “Club”) or visiting the Club as a non-member or guest.

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These Rules, Terms, and Conditions (“Rules” or “Club Rules”) apply to members and non-members, and anyone that accesses the Club or participates in Club activities, as well as their guests and children.  The Rules also include any rules posted on site at the Club’s facility, posted on the Club’s website (jumbospickleball.com (the “Website”)), or set forth on the Club’s mobile app, all of which are incorporated herein. Compliance with the Rules is a condition to membership at the Club, or accessing Club facilities.  The Club may expel any person who violates the Rules.

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The Rules are subject to change from time to time at the discretion of the Club.  Please check the Website from time to time for any updates.  By booking a court or accessing Club property, you acknowledge that you have read, understand, and agree to abide by all of the Rules.  

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SECTION 2.  GENERAL CLUB RULES

(a)            Code of Conduct.  The Club values the diversity of our members, guests, and employees, and is committed to treating everyone with fairness and respect. All members and guests are expected to act in a respectful manner while on Club premises.  The Club will not tolerate disrespectful, inappropriate or illegal behavior.  Without limiting the preceding, Members and guests shall refrain from using coarse or derogatory language.  The Club may expel any member or guest that engages in disrespectful, inappropriate or illegal behavior, or violates any Club Rule.

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(b)           Hours of Operation.  Regular hours of operation will be posted on the Website and on Club premises.  The Club may alter its hours or operation, or close or restrict the use of the Club from time to time, (e.g., for holidays or special events) with no reduction in fees or other charges.

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(c)            Children. Parents are responsible for the conduct of their minor children.  Children under the age of thirteen (13) are permitted on Club premises if accompanied by a parent or legal guardian at all times, and if the parent has signed a waiver for the child.  Any child on a court is subject to a court fee.  Children ages fourteen (14) to seventeen (17) are permitted at the Club without adult supervision, but only with written parental consent and Club consent, which the Club may withhold in its sole discretion, and if the parent has signed a waiver for the child.

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(d)           Court Fees.  Other than certain memberships which do not require a court fee, all individuals must pay court fees for the use of a court.  Court fees are subject to change from time to time.  

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(e)            Court Reservations.  Courts may be used by reservation only, and require a two-hour reservation.  Courts must be reserved via the Website or the Club’s mobile app.  

(f)            Check-In.  All members and guests must check in at the front desk each time they visit the Club.  

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(g)           Cancellations and Refunds.  A reserved court may be cancelled with a refund only if cancelled at least 24 hours in advance of the scheduled court time.  Cancellations within the twenty-four (24) hour window will not receive a refund.  Membership or initiation fees are not refundable under any condition.

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(h)           Dress Code.  Members and guest must dress in an appropriate manner, as determined by the Club in its sole discretion.  Generally, proper attire is athletic attire that is appropriate for a public environment where men, women, and children will be present.  

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(i)             Shoes.  Appropriate non-marking athletic shoes are required to be granted access to any court.  All shoes must be approved by Club staff at check in.  No refunds will be provided if you are not permitted to play because your shoes or attire are not approved by the Club.

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(j)             No Tobacco or Drugs.  No tobacco products, or legal or illegal drugs of any kind, are permitted on Club premises.

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(k)           No Animals.  Animals are not permitted on the premises.

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(l)             Food and Drink.  There are benches and specific areas outside each court where the consumption of food and liquids is permitted.  Absolutely no food or drink may be brought onto any court.  Any person that brings food or drink of any kind, including water, onto the court will lose court privileges.

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SECTION 3.  MEMBERSHIP

The Club offers various levels of memberships with varying membership benefits.  Membership details are available on the Website, on the Club’s mobile app, and at the Club.  Memberships are not transferable, and are non-refundable.  If a member at any time cancels their membership, the member will not receive any refund of any previously paid initiation or membership fee.  Memberships are for personal, noncommercial use only, and may not be transferred.  

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SECTION 4.  LESSONS AND CLASSES

The Club offers personal lessons and classes.  Details are available on the Website, the Club’s mobile app, and at the Club.

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SECTION 5.  COMMUNICATIONS

By providing us with your email address or mobile number, you agree to receive marketing and promotional materials from the Club, and agree that the Club may communicate with you by email, text or phone.

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SECTION 6.  TERMINATION AND SUSPENSION

The Club reserves the right to, in its sole discretion, terminate, limit, or suspend your use of the Club for good cause, including any material violation of the Rules. Any such termination, limitation or suspension will not release you from any of your existing obligations to the Club, and will not result in any refund to you.

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SECTION 7.  PRIVACY POLICY

You hereby acknowledge and agree to the Club’s Privacy Policy, which is set forth on the Website, and contains terms and conditions related to how we collect, use, disclose, retain, and protect your personal information.

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SECTION 8.  FORCE MAJEURE

THE CLUB SHALL NOT BE LIABLE FOR DELAYS, FAILURE IN PERFORMANCE, OR INTERRUPTION OF SERVICE WHICH RESULTS DIRECTLY OR INDIRECTLY FROM ANY CAUSE OR CONDITION BEYOND THE CLUB’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY DELAY OR FAILURE DUE TO ANY ACT OF GOD, ACT OF CIVIL OR MILITARY AUTHORITIES, ACT OF TERRORISTS, CIVIL DISTURBANCE, WAR, STRIKE OR OTHER LABOR DISPUTE, FIRE, INTERRUPTION IN TELECOMMUNICATIONS OR INTERNET SERVICES OR NETWORK PROVIDER SERVICES, FAILURE OF EQUIPMENT AND/OR SOFTWARE, PUBLIC HEALTH EMERGENCIES, EPIDEMICS OR PANDEMICS, INCLUDING GOVERNMENT CLOSURES AS A RESULT OF THE SAME, OTHER CATASTROPHES, OR ANY OTHER OCCURRENCE WHICH IS BEYOND OUR REASONABLE CONTROL.  SUCH AN OCCURRENCE SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS OF OUR RULES.

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SECTION 9.  WAIVER AND RELEASE

I AM AWARE AND UNDERSTAND THAT PICKLEBALL (THE “ACTIVITY”) IS A POTENTIALLY DANGEROUS ACTIVITY AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE (COLLECTIVELY, “INJURIES”).  I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE CLUB, INCLUDING ITS EMERGENCY RESPONSE. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ALL INJURIES ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE CLUB OR OTHERWISE.

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EACH TIME I ACCESS THE CLUB OR RESERVE A COURT, I WAIVE AND RELEASE ALL CLAIMS (“CLAIMS”) AGAINST THE CLUB, AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), RELATING TO ANY INJURIES ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITY, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE CLUB OR ANY RELEASEES OR OTHERWISE.  I WILL NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE CLUB OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE CLUB AND ALL OTHER RELEASEES FROM LIABILITY UNDER ALL CLAIMS.  THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT OREGON LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.

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I WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CLUB AND THE RELEASEES AGAINST ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY OR AWARDED AGAINST THE COMPANY OR ITS RELEASEES ARISING OUT OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITY, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE.

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I CONSENT TO RECEIVE MEDICAL TREATMENT DEEMED NECESSARY IF I AM INJURED OR REQUIRE MEDICAL ATTENTION DURING MY PARTICIPATION IN THE ACTIVITY.  I UNDERSTAND AND AGREE THAT I AM SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO SUCH MEDICAL TREATMENT AND ANY RELATED MEDICAL TRANSPORTATION, AND/OR EVACUATION.  I AND HOLD HARMLESS THE CLUB FROM ANY CLAIM BASED ON SUCH TREATMENT OR OTHER MEDICAL SERVICES.

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EACH TIME I RESERVE A COURT OR ACCESS CLUB PREMISES, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT EACH TIME I RESERVE A COURT OR ACCESS CLUB PREMISES I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE CLUB OR ANY RELEASEE, IN CONSIDERATION OF THE CLUB PERMITTING ME TO PARTICIPATE IN THE ACTIVITY.

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ENTIRE AGREEMENT

THE RULES CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE CLUB WITH RESPECT TO ITS SUBJECT MATTER, AND REPLACE AND SUPERSEDE ANY OTHER PRIOR OR CONTEMPORANEOUS AGREEMENTS OR TERMS AND CONDITIONS APPLICABLE TO THE SUBJECT MATTER OF OUR RULES.

 

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