RacquetDesk End User Terms of Use Agreement

RacquetDesk Terms of Use The RacquetDesk service is operated by RacquetDesk, LLC. By using the RacquetDesk Website (hereinafter "Website") you agree to be bound by these Terms of Service (hereinafter "Agreement"). If you wish to become a User and communicate with other Users and make use of the RacquetDesk service (hereinafter "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions upon login. This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by RacquetDesk at any time and without prior notice, such modifications to be effective upon posting by RacquetDesk on the Website. This Agreement includes RacquetDesk's code of conduct and acceptable use policy for content posted on the Website, RacquetDesk's Privacy Policy, and any notices regarding the Website. 1. Membership Eligibility. You must be at least eighteen years of age to register as a User or make use of RacquetDesk's services. Void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 2. Terms. This Agreement will remain in full force and effect while you use the Website and/or are a User. You may terminate your membership at any time, for any reason by contacting your facility. RacquetDesk may terminate your membership for any reason, at any time. If RacquetDesk terminates your membership because you have breached the Agreement or code of conduct, you will not be entitled to any refund of unused subscription fees should such fees be charged. Even after membership is terminated, this Agreement will remain in effect. 3. Proper Commercial Use by Users. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken. These actions may include, but are not limited to civil, criminal, and injunctive redress. 4. Proprietary Rights in Content on RacquetDesk. RacquetDesk owns and retains all rights in the Website and services provided. The Website content (including but not limited to trade secrets, formulas, devices, inventions, processes, compilations of information, system records and specifications owned by the Company and used in the regular operations of the business of the company) is proprietary; therefore, Users agree not to disclose it (in full or in part) without the express written permission of the Company. It is acknowledged by the same that unauthorized disclosure or use of the information provided may cause serious harm or damage to the Company for which the User may be liable. 5. Content Posted on the Site. a. You understand and agree that RacquetDesk may review and delete any personal information or profiles (hereinafter, "Content") that in the sole judgment of RacquetDesk violate this Agreement or Code of Conduct which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any or all Users. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Users. c. By posting Content to any public area of RacquetDesk, you automatically grant, and you represent and warrant that you have the right to grant, to RacquetDesk an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. RacquetDesk reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including but not limited to removing the offending communication from the Service and terminating the membership of such violators. Such Content includes anything that: Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or unfounded; Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; and/or solicits passwords or personal identifying information for commercial or unlawful purposes from other users. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure. e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not transmit any chain letters or junk email to other Users. Although RacquetDesk cannot monitor the conduct of its Users off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, RacquetDesk reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which RacquetDesk deems appropriate in its sole discretion. 6. User Disputes. You are solely responsible for your interactions with other RacquetDesk Users. RacquetDesk reserves the right, but has no obligation, to monitor disputes between you and other Users. RacquetDesk is not responsible for arbitration between the players. RacquetDesk is not responsible for any and all user actions on or off the court. 7. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. 8. Disclaimers. RacquetDesk is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Users or by any of the equipment or programming associated with or utilized in the Service. RacquetDesk is not responsible for the conduct, whether online or offline, of any user of the Website or User of the Service. RacquetDesk assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications. RacquetDesk is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will RacquetDesk be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and RacquetDesk expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RacquetDesk cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from RacquetDesk or through or from the service shall create any warranty not expressly stated herein. 9. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will RacquetDesk be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if RacquetDesk has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RacquetDesk's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to RacquetDesk for the Service during the term of membership. 10. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. 11. Indemnity. You agree to indemnify and hold RacquetDesk, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 12. Misc. This Agreement, accepted at sign in and further affirmed by becoming a User of the Service, contains the entire agreement between you and RacquetDesk regarding the use of the Website and/other Services. The failure of RacquetDesk to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Any questions regarding this agreement can be addressed to legal@racquetdesk.com. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Center Court Pickleball Club Gilbert Registration Agreement

Center Court Pickleball Club Membership Agreement & Waiver. Applies to all Current Locations which can be found the website: https://www.centercourtpickleball.com/ The undersigned buyer ("Buyer"), individually and/or as agent for all Members, hereby purchases a membership from Center Court Pickleball Club ("Club") in accordance with all the terms, conditions and obligations set forth herein ("Agreement"). The membership permits Member to use Club facilities during the Agreement term subject to such rules, regulations, terms and conditions of this Agreement as may be in effect from time to time at the Club. If your membership includes multi club access, you may use the facilities of any other Center Court Pickleball Club brand club subject to any rules, regulations, terms and conditions as may be in effect from time to time at any particular Center Court Pickleball Club brand club. Please note that your sales professional does not have the authority to alter the terms of this membership agreement. Only those terms contained on the following form will apply to your membership. No prior or subsequent revisions, alterations, additions, or deletions shall have any force or effect. To the extent that they conflict or contradict the written terms of the following form, you may not rely upon any representations by your sales professional, whether oral or in writing. The date this Agreement is entered into is on the date you agreed to terms in the membership registration process. The general terms of this agreement are as follows: Financial Fees • Enrollment Fee $150. This fee is subject to increase and change based on availability and promotions. • Monthly Membership Fee o Individual Rate: Vary based on club o Crew Rate: Vary based on club o Junior Individual Rate: Vary based on club o Junior Crew Rate: Vary based on club To qualify for the Crew Rate you must have at least two or more members in your Crew at all times. • Other Monthly Membership Recurring Fees if chosen: o Towel Service: $10 o Wellness Service: $10 Monthly Billing will be on the 28th of the month with the Draft and Charge on the 1st. If this club ceases operation and fails to offer an alternate location within five miles, no further payments under this contract shall be due to anyone, including any purchaser of any note associated with or contained in this contract. Notwithstanding any other provision of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre­authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. PAYMENT AUTHORIZATION AGREEMENT FOR AUTOMATIC ELECTRONIC TRANSFERS: You hereby authorize and agree to automatic payments for all amounts, timing and from the accounts indicated above. I further authorize and agree that Club may charge my account for my last month's dues upon receipt of my notice of cancellation. If you provide us with more than one form of payment, you authorize us to charge any amounts you may owe, including but not limited to any membership-related obligations, retail transactions, and/or online purchases to any Center Court Pickleball Club facility to any form of payment which you have provided to us until such time as you revoke your authorization for that form of payment by written notification delivered to the club in person or postmarked via certified mail, or by notifying your financial institution. Changing Payment Account: If Buyer changes the account used to make payments to the Club, Buyer must provide to the Club new account information at least thirty (30) days prior to the payment due date. New account information can be provided a) in person at the club of enrollment or b) online via the membership portal or app. Service Charge ($25) and Re-billing for a rejected automatic payment: In the event any payment authorized under this payment authorization is rejected by the Buyer's bank or credit card provider for any reason, including but not limited to insufficient funds or a change in account for which Buyer has not properly placed the Club on notice as required in this Agreement, the rejected amount, plus a one-time $25 service charge, will be added to Buyer's next scheduled payment (together, the rejected payment and service charge are called the "Prior Payment Re-Bill"). IMPORTANT: Buyer has been informed and understands that Buyer may be entitled to receive an additional, prior, written notice of electronic payments that may vary in amount from the prior payment, pursuant to the Electronic Funds Transfer Act. Alternatively, Buyer has been given the option, and by agreeing here hereby elects this option, that so long as any automatic payment includes only the amounts Buyer has pre-authorized under this Agreement, and does not exceed that period's regularly scheduled charges plus any Prior Payment Re-Bill permitted above, no further written notice from the Club is required. WAIVER & RELEASE OF LIABILITY -- THIS MEMBERSHIP AGREEMENT CONTAINS A WAIVER & RELEASE OF LIABILITY AND INDEMNITY AGREEMENT IN SECTION 3 TO WHICH YOU WILL BE BOUND. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. BUYER AS AGENT FOR MEMBER: If Member is different from Buyer, Buyer hereby acknowledges that Buyer is acting as agent for all Members in agreeing to the terms and provisions of this Agreement, and all non-signing Members are third party beneficiaries to this Agreement. Buyer further agrees that Buyer will provide all Members with a copy of this Agreement. Buyer acknowledges and represents that Buyer is the parent or legal guardian of any member below the age of majority. The Term of This Agreement is month to month. Please take note that on any contract with a term that exceeds one month, your membership will automatically renew under the existing terms of this Agreement on a month-to-month basis. RETAIL INSTALLMENT CONTRACT {"Agreement") Notice to Customer: You are entitled to a copy of this Agreement at the time you sign it. You may cancel this Agreement at any time before midnight of the third operating day after receiving a copy of this Agreement. If you choose to cancel this Agreement, you must do one of the following: (1) Send a signed and dated written notice of cancellation to your home club. (2) Personally deliver a signed and dated written notice of cancellation to your home club; Send a notice of cancellation by email to your home club; Notice of cancellation should be sent to your home club address found on the Center Court Pickleball Club website. If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed, delivered or emailed as specified in this notice on the next operating day. Refunds must be made within thirty operating days of receipt of the cancellation notice by the club. "Operating day" means any calendar day on which patrons may inspect and use the facilities and services of the club during a period of at least eight hours. Notice to Buyer: Do not accept this Agreement before you read it or if it contains any blank spaces to be filled in. Buyer and Member acknowledge that: (1) Buyer and Member have received a current copy of this Agreement and Additional Terms and Conditions below. (2) Buyer and Member have read the conditions and terms set forth herein and accept this Agreement as a legal and binding contract. Buyer and Member have had the opportunity to and have negotiated this Agreement, including the exculpatory provisions of this Agreement. (3) Buyer and Member are of legal age and are willfully entering into this Agreement. I understand that I have signed hereunder an agreement/note which will be processed and collected by our member services department, and that any future involvement I may have regarding billing of this Agreement will be directly with our Membership Services Department. I understand that, except as herein provided, my membership is non-cancellable. Should I default, I agree to pay all costs, including, but not limited to collection agency fees, court costs and reasonable attorney's fees, all of which may be paid or incurred by the holder of this note. Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller for goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid. This Agreement is subject to all applicable Federal, State, and local laws and regulations. ADDITIONAL TERMS AND CONDITIONS 1. DEFAULT: You will be in Default if you breach any of these Agreement terms or conditions, or if you fail to pay any installment within ten (10) days after the date when such installment is due. If you are in Default, Member's membership privileges may be revoked. Should you default, you agree to pay all costs, including, but not limited to collection agency fees, court costs and reasonable attorney's fees incurred to enforce this Agreement. Acceptance of any payment after Default will not release Buyer from any obligation under this Agreement. Buyer shall not be relieved of obligations to make any payments of the membership fee herein agreed to, and no deduction or allowance from any of said payments shall be made by reason of the absence or withdrawal of Member from the Club, or by reason of Member's failure to attend or use the Club facilities. This Agreement may be assigned by Seller and if so assigned, the words "Club" and "Seller" will also mean the Company to which this Agreement is assigned or transferred. The words he/him/his in this Agreement are intended as gender neutral. If this Agreement is assigned, the Assignee shall have and be entitled to exercise any and all rights and powers of Seller hereunder (notwithstanding anything in this Agreement to the contrary). Assignee shall not be chargeable with any obligations or liabilities of Seller hereunder or with respect thereto. In the event of assignment, Seller reserves its rights to assert any defenses it has or may have under this Agreement or with respect thereto. Membership is not transferable. Neither Buyer nor Member may sell, assign, or transfer this Agreement, his Membership Card, any such attempted sale, assignment or transfer shall be null and void. Member may not loan his Membership Card/Number to anyone. 2. BUYER'S RIGHT TO CANCEL: Membership Cancellation Policy Members wishing to cancel their membership must adhere to the cancellation policy outlined below. Membership Cancellation Deadline: • To ensure the cancellation is effective for the next month, members must submit their cancellation requests by the 25th of each month. • Any cancellation request received after the 25th will result in the cancellation taking effect in the following month. Method of Cancellation: • All membership cancellation requests must be submitted in writing to the club. • Cancellation requests can be submitted via: - In person - Email: to home club - Mail: to home club Cancellation Form: • Members are required to complete the official membership cancellation form. • The form can be obtained from the club's website or requested directly from the club. Confirmation of Cancellation: • Once the cancellation request is processed, members will receive confirmation via email Membership Dues: • Members remain responsible for any membership dues and other charges to club account until the effective cancellation date. 3. ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT IMPORTANT: THIS IS A LEGAL DOCUMENT FOR CENTER COURT PICKLEBALL CLUB ("Center Court" herein). PLEASE READ CAREFULLY AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING THIS LIABILITY WAIVER. THIS IS A BINDING LEGAL AGREEMENT, AND BY SIGNING IT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS. WAIVER AND RELEASE OF LIABILITY: In consideration of permission to use, today and on all future dates, the Center Court Pickleball Club facilities, premises, and equipment, I (the player, participant, or member), for myself, my heirs, personal representatives or assigns, and/or child(ren)/ward(s), do hereby waive, release, discharge, and covenant not to sue Center Court Pickleball Club, its directors, officers, employees, and agents from liability from any and all claims, including negligence of Center Court Pickleball Club, resulting in personal injury, accidents, illness, death, and/or property loss arising from, but not limited to, individual use and/or participation in activities, events, classes, clinics, tournaments, league play, observation, and use of facilities, premises, or equipment under the direction and control of Center Court Pickleball Club. By being on any Center Court Pickleball premises or attending or participating in any Club activity, whether on or off the premises, you consent to being filmed, audio recorded and/or video recorded and to the use of any photographs, pictures, film, audio or videotape taken of you or provided by you for publicity, marketing, advertising, promotion, television, or any other use, and expressly waive any right of privacy, publicity, compensation, copyright or other ownership right connected to same. This provision shall survive termination of the Agreement. ASSUMPTION OF RISKS, AWARENESS OF INHERENT RISKS, AND EXPRESS ASSUMPTION OF RISKS: I understand that although Center Court Pickleball Club has taken reasonable steps to provide me with appropriate facilities and/or equipment to undertake the activities specific to the facilities and premises, including but not limited to pickleball, activities, events, classes, clinics, tournaments, league play, observation, and use of facilities, premises, or equipment, there are certain risks that are inherent that may not or cannot be completely eliminated. I understand that the facilities and activities offered by Center Court Pickleball Club may be physically demanding, dangerous, and involve risks of illness, injury, and/or death. I hereby assert that my participation in the activities at Center Court Pickleball Club is voluntary, and that I knowingly assume all such risks for myself and on behalf of my child/ward. I understand that the dangers, hazards, and risks of illness, injury, or damage at Center Court Pickleball Club premises and facilities include, but are not limited to (a) pickleball courts, lobby, entryways, sidewalks, hallways, showers and restrooms, storage areas, parking lots, and any other facilities; (b) equipment or building failure, malfunction, or misuse; (c) property or information theft, misuse, or damage, including from vehicles, equipment, files, or systems; and (d) other accidents or incidents that may result in injury to me, minor(s), or guest(s). INSURANCE, MEDICAL TREATMENT, AND PREEXISTING MEDICAL CONDITIONS: I have adequate health insurance or funds to cover the costs of treatment in the event of an injury, and I agree to be personally responsible for all costs of any emergency or other medical care that I may receive while engaging in activities at Center Court Pickleball Club's facilities and/or premises. I also agree to indemnify, release, waive, and hold harmless Center Court Pickleball Club from the cost of any medical care that I receive as a result of participation in activities at Center Court Pickleball Club's facilities or premises, whether requested by me or Center Court Pickleball Club. I represent that I am in good physical condition and free from known heart, respiratory, or other health problems that could limit or prevent me from safely participating in activities at Center Court Pickleball Club's facilities, premises. I also represent that I have consulted with my medical health care provider and have been cleared to participate in activities at Center Court Pickleball Club's facilities and premises. INDEMNIFICATION AND HOLD HARMLESS: I agree to indemnify, defend, and hold harmless Center Court Pickleball Club, its directors, officers, employees, and agents, from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney fees—see below) due to, arising out of, or related in any way to my participation in activities at or equipment of the facilities or premises of Center Court Pickleball Club. SEVERABILITY: If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remaining provisions of the Agreement shall, notwithstanding, continue in full force and effect. CONSENT TO ARBITRATION: I (the player, participant, or member) agree to arbitrate all disputes arising from this Agreement. Arbitration prevents me from suing in court and having a jury trial. I also agree that any arbitration will occur in the state of Arizona, in a venue chosen by a representative of Center Court Pickleball Club, and will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association. NEGLIGENCE CLAIMS: I understand that negligence claims include but are not limited to negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision to use Center Court Pickleball Club's premises, facilities, parking lot, and/or equipment; negligent failure to warn of or remove hazardous, unsafe, dangerous, or defective condition; negligent failure to provide or keep premises in a reasonably safe condition; negligent provision of or failure to provide emergency care; negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors, and/or volunteers; negligent collection, use, disclosure, or storage of personal, sensitive, private, or other information (including negligent failure to implement or maintain information security controls or systems); or other negligent act(s) or omission(s). ATTORNEY FEES AND DEFENSE AND INDEMNIFICATION: I (the player, participant, or member) agree to pay any and all attorney fees and/or costs incurred by Center Court Pickleball Club in enforcing this Agreement. I agree to defend, indemnify, and hold Center Court Pickleball Club harmless to the fullest extent permitted by law from and against any Claim (including any negligence claim) asserted against Center Court Pickleball Club by any other person. 4. ENTIRE AGREEMENT. This Agreement constitutes the entire and exclusive agreement between the parties. Any promises, representations, understandings and/or agreements pertaining directly or indirectly to this Agreement which are not contained herein, are hereby waived. This Agreement may be modified only by an instrument in writing. At Seller's option, this Agreement shall be null and void if it is not completed by Seller's employee in accordance with Seller's then-current pricing and payment programs. 5. GOVERNING LAW. This Agreement shall be governed by, construed and enforced under the laws of the State of Arizona, excluding the body of law related to choice of laws, and to the extent preempted, by the law of the United States. 6. INTEGRATION. This Agreement constitutes the entire and exclusive Agreement between the parties and cancels and supersedes prior promises, representations, understandings and/or agreements between the parties. This Agreement may be modified only by an instrument in writing signed by all parties; however, the Club or any assignee of this Agreement are authorized to correct patent errors in the Agreement (and other related documents). 7. SEVERABILITY. The provisions of this Agreement are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The Club's failure to enforce any remedy or provision in this Agreement shall not be construed as a waiver of such remedy or provision. 8. CLUB RULES. You, the Member, understand and agree to all rules and regulations of using the Club facility as posted on our website and in the Club facility labeled as “Member Policies”. The Club reserves the right to change or modify these rules and regulations in the future without prior notification to the Member. The Club reserves the right to revoke this Agreement if the Member fails or refuses to abide by such rules and regulations. 9. CHANGES TO CLASSES AND EQUIPMENT. The Club reserves the right to make reasonable changes to the type or quantity of clinics, events or lessons offered. 10. TERMINATION. Any member who is loud, offensive, and bothersome to other members or in Club's sole discretion behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Club. In the event of termination, the unused portion of any advanced payment shall be forfeited to the Club. Members are not permitted to provide personal training services to other members. At sole discretion of club staff, if club staff feels that the member is coaching services to other members or guests, you may be suspended or your membership revoked at Club discretion. Guest privileges may be revoked at Club's discretion. 11. TOWELS. Member understands and agrees that If this Agreement includes towel services and a towel is not returned within seven (7) business days member will be charged a $5.00 towel fee. 12. OTHER CLUB USE AND FEES. As a benefit of your club membership, you may use other Center Court Pickleball Clubs. 13. FORCE MAJEURE. Neither party shall be liable for any delay in performance or failure of performance of obligations under this Agreement which is caused by Force Majeure events including but not limited to strikes, lockouts, riots, mobs, fires, floods, pandemics, wars declared or undeclared, civil strife, embargo, currency or other restrictions caused by reason of laws, regulations or orders by any government, governmental agency or instrumentality or by any supervening unforeseeable circumstances whatsoever beyond the control of the party. For force majeure events that make the provision of services under the Agreement temporarily impossible or impractical for a period in excess of three (3) days in the reasonable discretion of the performing party, the obligation to perform and the corresponding payment for performance shall be suspended, and the term of the Agreement shall be extended for a period equal to the length of the suspension. Once services can be resumed in the reasonable discretion of the performing party, the corresponding payment obligation shall resume. In the event that there has been payment for services that have not yet been provided at the time services are suspended, such payment shall operate to prorate the first payments due upon resumption of services. 14. NO ALCOHOL, DRUGS OR SMOKING. Center Court Pickleball Club does not permit the smoking or vaping of any substance, or the use or possession of alcohol or illegal drugs, at or in any of its facilities. You cannot engage in any activity at Center Court Pickleball Club while under the influence of illegal drugs or alcohol. 15. NO WEAPONS. No weapons of any kind are permitted at or in any Center Court Pickleball Club. 16. LOCKERS: Center Court Pickleball Club provides lockers for members to use only while using the club. You should always use a lock to protect your property. Do not leave any valuable property in a locker at any time. Center Court Pickleball Club is not responsible for any theft of or damage to your property. All locks will be reset at the closing of the club. Any items left in the lockers at that time will consider your property abandoned and Center Court Pickleball Club has the right dispose of the property. 17. SIGNING IN: You must check in at the front desk on each club visit by scanning your barcode or providing your Photo ID. Photo is required for first check in after purchasing membership online. 18. Dress Policy: Proper pickleball attire is required, including appropriate footwear and clothing. You must wear a shirt and court shoes while on the courts. No jeans, cutoffs, open toed shoes, sandals, boots or any clothing with profanity are permitted. 19. GENERAL POLICY FOR MINORS. All members must be 8 years of age or older must have a legal guardian sign the membership agreement. Members ages 8 to 12 must be accompanied by an adult or be enrolled in one of Center Court Pickleball coached programs to participate. Members 13-17 years old can participate in all pickleball activities unaccompanied. A parent/legal guardian does not need to be a member of Center Court Pickleball Club. 20. NO SOLICITATION. No solicitation for profit or political reason is allowed on premises. Leaving multiple copies of documents and/or leaflets is also prohibited. 21. GUESTS. If you sign up for the Guest option, all guests must be 18 years of age or older, or 7 years of age or older accompanied by a legal guardian. All Guests must be accompanied by their associated Member upon check in. No entry will be allowed without the associated Member. 22. PHOTO & VIDEO: Using cell phone cameras or any other recording devices in Center Court Pickleball Club locker rooms, members lounge or other private spaces is strictly prohibited, and will be grounds for termination of your membership and potentially legal action. If you see someone taking photos or videos in a locker room or other private space(s), please notify an club Team Member immediately. Be aware that the sharing of non­ consensual photos or videos of other Members anywhere in the gym is prohibited, and can subject you to civil and/or criminal liability.