Terms and Conditions – Bad N Pickle

Houston Westside Badminton Center, LLC d/b/a Pickleball Katy (the “CENTER”)
24825 Roesner Road
Katy, TX 77494

MEMBERSHIP POLICIES & AGREEMENT

MEMBER, by executing this Agreement, does hereby join the CENTER and such membership entitles the MEMBER access to and use of the facilities, programs, and service of the CENTER. The MEMBER is entitled to access and use of the CENTER only and to the extent as defined for the specific membership level MEMBER has purchased. MEMBER may be subject to additional charges for certain programs and services offered by the CENTER. No such charges will be incurred without MEMBER’s consent.
CHECK-IN: Members are required to check in every time they enter the facility. The check-in area is located in the lobby near the double glass doors once you have walked through the lobby.
If MEMBER violates this Agreement, the terms contained herein, or any of the rules and regulations for use of the facility, the CENTER may suspend or revoke the MEMBER’s right to use the facility at CENTER’s sole discretion.
MEMBER agrees that MEMBER shall not engage in any type of commercial or business activity while using the facilities. Without the written consent of a Manager of the Center, MEMBER shall not act as a trainer for any other MEMBER or guest and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.
MEMBER agrees that MEMBER shall not use loud or profane language, wear clothing with profane language, molest, badger, assault, or harass any other MEMBER, guest, contractor, or employee while at the CENTER. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate suspension or cancellation at CENTER’s sole discretion.
MEMBER understands that the CENTER prohibits the possession or use of any illegal substances or steroids and MEMBER agrees not to possess or use any illegal substances or steroids on the CENTER premises. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of illegal substances and steroids, and no such activity is allowed on CENTER premises. If MEMBER engages in such activities, MEMBER’s membership shall be subject to immediate cancellation.
MEMBER agrees that if MEMBER fails to use the CENTER’s facilities, programs, or services that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement. MEMBERSHIP Cancellations MUST BE PROVIDED IN PERSON OR IN WRITING AND COMPLY WITH THE PROVISIONS OF SECTION 16 OF THIS AGREEMENT. MEMBERSHIP FEES WILL CONTINUE TO BE BILLED AND DUE UNTIL SUCH COMPLIANCE.
The CENTER strives to operate the facilities according to the published business hours. In case of extreme weather or loss of power, the facility/facilities may not be available for member use and no refund will be issued. In case of tournaments or other special events, no courts may be available for member use and no refund will be issued.
Photography and/or videography anywhere in the CENTER is only allowed with the expressed prior written consent of a Manager of the CENTER.
MEMBER authorizes CENTER, its employees, and agents the right to photograph, record, and/or otherwise reproduce MEMBER’s likeness, name and/or voice in, and in connection with, the exhibition, display, or other reproduction of any photograph, motion picture, video recording, audio recording or similar reproduction in which it may be used and/or incorporated. The CENTER may use the photograph, motion picture, audio recording, video recording, or other reproduction for advertising, the internet, or other purposes. SHOULD MEMBER OBJECT TO ANY SUCH USAGE, THE CENTER WILL MAKE EVERY ATTEMPT TO REMOVE OR REPLACE SUCH IMAGERY WHEN POSSIBLE AFTER SUCH NOTIFICATION.
MEMBER authorizes the CENTER, and their authorized designees to contact them by email, telephone, or by other means, subject to applicable law.
The facility is under 24-hour recorded video surveillance, which may be retained by the CENTER for subsequent review, and MEMBER access and usage may be logged.
MEMBER may not allow anyone else to use their membership card/access code and must alert the CENTER immediately if they have reason to believe their membership card has been lost or stolen. Violating this policy may result in suspension or revocation of the MEMBER’s right to use the facility.

14 MEMBERS who do not have their membership card/access code may be denied entry into the facility during non-staffed hours. No MEMBER should allow anyone without a membership card access to the facility.

Training services provided in the facility may be provided either by independent coaches of the CENTER or by independent coaches operating their own business who are granted use by the CENTER. All payments for training services to independent coaches of the CENTER are to be made to the CENTER.
CANCELLATION AND REFUND NOTICE

(A) NOTICE TO PURCHASER: DO NOT SIGN THIS MEMBERSHIP AGREEMENT UNTIL YOU READ IT.

(B) IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF CENTER, YOU MAY CANCEL THIS AGREEMENT BY SUBMITTING A WRITTEN NOTICE IN PERSON OR BY EMAIL TO: SALES@PICKLEBALLKATY.ORG

(C) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS AGREEMENT TAKES EFFECT, YOU OR YOUR PERSONAL REPRESENTATIVE MAY CANCEL THIS AGREEMENT AND REQUEST A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE CENTER.

All of MEMBER’s activities (both inside and outside) while at CENTER’s premises, shall be at the MEMBER’s sole risk. MEMBER understands that the agreement to use the facility or participate in the activities, programs, or services shall be MEMBER’s entire responsibility, and the CENTER shall not be liable to MEMBER for any claims, demands, injuries, damages, or actions arising from or due to injury or damage to MEMBER’s person or property. MEMBER hereby holds the CENTER, its officers, owners, employees, and agents harmless from all demands, claims, or legal actions which may be brought against them by a member or on member’s behalf for any such injuries or damages. Further, MEMBER acknowledges that many of the activities, programs, and services are UNSUPERVISED and MEMBER assumes all risks associated with using the facility or participation in any activity, program, or service of the CENTER. MEMBER HEREBY RELEASES, INDEMNIFIES, AND HOLDS HARMLESS HOUSTON WESTSIDE BADMINTON CENTER LLC, ITS OWNERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS FOR INJURY, DISABILITY, DEATH, LOSS, OR DAMAGE OF ANY TYPE to person or property that may arise out of or in connection with the use of the facilities of the CENTER, or any incident that occurs while using such facilities, or otherwise related to the membership. MEMBER expressly agrees that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to MEMBER’s heirs, assigns, personal representatives, and any other person who may assert a claim by or through MEMBER. MEMBER understand that the CENTER is relying on this release in agreeing to enter into this Agreement.
The MEMBER shall attempt to resolve any complaint or dispute the MEMBER may have against the CENTER with the Manager of the CENTER. FAILURE TO NOTIFY THE CENTER IN WRITING OF A NOTICE TO ATTEMPT AMICABLE RESOLUTION OF A COMPLAINT OR DISPUTE IS A MATERIAL BREACH OF SUCH AGREEMENT FOR WHICH ANY AND ALL SUBSEQUENT FEES, JUDGMENTS, OR COSTS INCURRED BY OR RENDERED AGAINST THE CENTER WOULD BE OWED BY AND REIMBURSED BY MEMBER. Should this Agreement need to be enforced by an attorney for the violation of any provision contained herein, the parties agree the CENTER shall be entitled to recover all costs and expenses resulting therefrom, including a reasonable amount as attorney’s fees. Any dispute shall be subject to the laws of Texas and the venue shall be Fort Bend County.
The CENTER retains the right to modify these policies without notice to MEMBER. Reasonable rules and regulations may be posted in the Membership Guide or at the CENTER from time to time and all MEMBERS shall be subject to strict compliance therewith.
This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury while being present at the facility and/or participating in any activity, program, or service while at the CENTER (the “Activity”), and as consideration for the right to access to and to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge HOUSTON WESTSIDE BADMINTON CENTER LLC d/b/a Pickleball Katy, its owners, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any property damage, physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that MEMBER may suffer arising in any way from the Activity.

MEMBER IS PARTICIPATING IN IN THE ACTIVITY ENTIRELY AT MY OWN RISK. MEMBER IS AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITY, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR THE CONDITION OF CENTER. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, ARISING IN ANY WAY FROM THEACTIVITY.

I agree to indemnify and hold harmless Houston Westside Badminton Center LLC d/b/a Pickleball Katy against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Houston Westside Badminton Center LLC d/b/a Pickleball Katy incurs any of these types of expenses, I agree to reimburse Houston Westside Badminton Center LLC.

I acknowledge that Houston Westside Badminton Center LLC d/b/a Pickleball Katy and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Houston Westside Badminton Center LLC d/b/a Pickleball Katy.

I acknowledge that the Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE HOUSTON WESTSIDE BADMINTON CENTER LLC D/B/A PICKLEBALL KATY AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST HOUSTON WESTSIDE BADMINTON CENTER LLC D/B/A PICKLEBALL KATY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Houston Westside Badminton Center LLC, its owners, employees, and agents.

In the event that MEMBER should require medical care or treatment, MEMBER agrees to be financially responsible for any costs incurred as a result of such treatment. MEMBER is aware and understands that MEMBERI should carry his/her own health insurance.

In the event that any damage to equipment or facilities occurs as a result of MEMBER’s or MEMBER’s family’s willful actions, neglect or recklessness, MEMBER acknowledges and agrees to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the MEMBER, and Houston Westside Badminton Center LLC d/b/a Pickleball Katy agree that this Waiver and Release is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Waiver and Release, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Waiver and Release shall be deemed to be not severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Waiver and Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Waiver and Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.

In the event of an emergency, please contact 911 and my Emergency Contact in my client profile.
MEMBER, the undersigned participant, affirms that MEMBER is of the age of 18 years or older or MEMBER’s consenting adult and that MEMBER is freely signing this agreement. MEMBER certifies that MEMBER has read this Waiver and Release, that MEMBER fully understands its contents, and that this Waiver and Release cannot be modified orally. MEMBER is aware that this is a release of liability and a contract and that MEMBER is signing it of his/her own free will.

Membership Cancellation Policy

The Pre Sale membership is valid for 365 days from the day of the grand opening of CENTER. The Pre Sale membership cannot be cancelled and no refund will be issued.

All other membership cancellations can be processed in-person, by written notice, or by email. If cancellation is requested 10 days before the next billing cycle, then the membership shall be cancelled on the last day of the current billing cycle and the account will have no further charges after the current billing cycle. If the cancellation is requested less than 10 days before the next billing cycle, then the membership shall be cancelled on the last day of the next billing cycle and the account will have no further charges after the next billing cycle.

Court and Open Play Cancellation Policy
All court and open play cancellations shall be received at least 24 hours before your scheduled court reservation and/or open play reservation in order to avoid being charged. Clients who do not cancel with 24-hour notice will be charged for the court fee and or open play fee.

For members entitled for free open play, any cancellation shall be received at least 24 hours before your scheduled open play reservation or the regular open play fee will be charged for no show.

IN-CENTER PRIVACY POLICY

BY PURCHASING THE MEMBERSHIP, YOU AGREE TO BE BOUND BY THIS IN-CENTER PRIVACY POLICY.

Definition of “Personal Information”
“Personal Information” means information that can be linked to a visitor, identifies any visitor, or could reasonably be used to identify such visitor that is, in each case, submitted to or collected by the CENTER when you visit our facility and that is maintained by the CENTER in an accessible form, and it includes information actively submitted by you, as well as information submitted by other members and guests via referrals or in connection with the purchase of a multi-person membership, as described below.

Collection of Personal Information in CENTER
Identifiers such as first and last name, home or other physical address, telephone number, email address, and signature are known to the CENTER only when voluntarily submitted, for example when enrolling as a member, checking-in as a guest, or purchasing other services from the CENTER, or via referrals from other members or guests or in connection with the purchase of a multi-person membership that includes you as a member. Likewise, if you become a member, you may be asked for your photograph, if you visit as a guest, you may be asked for identifiers like a driver’s license number and, if you choose to participate in a fitness assessment, a free class or the like, you may be asked to provide identifiers relating to your fitness level, such as your age, height, and weight. Similarly, financial information, such as credit or debit card numbers, is known to the CENTER only when voluntarily submitted in connection with the payment of membership fees, or purchasing goods or services available at the facility. Certain commercial information, such as products or services purchased, considered, or used, is also collected by the CENTER. Such identifiers, financial information, and commercial information is collected for the purposes of transacting a sale and supporting a consumer’s use of our facilities, products, and services (for example, facility membership and access). Such information may also be used to evaluate and improve our customers’ experience, analyze trends, administer our facilities, review the number of visitors to our facility, and track members’ and guests’ use of our facility.

Use of Personal Information
In addition to any other uses set forth herein, Personal Information may be used: (1) to help the CENTER better understand visitors’ use of our facility; (2) to respond to specific requests from visitors; (3) to provide notices to visitors, such as marketing information, discount coupons, and new product offerings; and (4) to protect the security or integrity of our facility. The CENTER may also use Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding the CENTER’s products or services, to invite you to participate in surveys about our products, to notify you about special promotions, and for purposes of data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving, or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.

Consolidation of Personal Information
The CENTER may consolidate and anonymize the Personal Information of individuals who visit our facility. The CENTER may use such information to help us better design our facility and our products, to communicate information to you, to enhance our marketing and research activities, to facilitate other business functions, and for the other purposes set forth in this Privacy Policy.

Limitations on Collection of Personal Information
You may always limit the amount and type of actively transmitted Personal Information that the CENTER receives about you by choosing not to provide any Personal Information. However, some services can only be provided to you if you provide appropriate Personal Information; for example, certain financial and other information is required to purchase a membership.

Transmission of Personal Information to Third Parties
Unless otherwise disclosed, Personal Information will not be transferred or otherwise disclosed to anyone other than authorized recipients, such as service providers or vendors that are reasonably needed to provide our various services and features (e.g., payment processors). However, the CENTER reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in the CENTER’s sole discretion.

Additionally, if the CENTER sells one or more of its product lines, divisions, or assets, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Similarly, if the CENTER purchases a product line or division or other assets from a third party, Personal Information may be transferred from the seller to us so that we may continue to provide you with information and services.

Personal Information may also be shared by the CENTER with its affiliates and its and their respective franchisees and with vendors that help access and manage the information (all of the foregoing collectively, “authorized recipients”) but, in all instances, the information will be used only for the purposes set forth in this policy.

Finally, if you are accessing our facility in connection with obtaining discounted access to services offered by the CENTER or in connection with a third-party program offering rewards, reimbursements, benefits, or other incentives based on your use of the CENTER’s services (including a right to access to our facility that is available through an employer, health insurer, or other group, a “Third-Party Offer”), the CENTER may share your Personal Information (including identifiers such as a unique personal identifier and commercial information, such as your use of such services or the number of times you visit a facility each month) with the applicable third party in accordance with the terms of such Third-Party Offer but solely for the business purpose of facilitating the provision of such discounts, rewards, reimbursements, benefits, or other incentives to you under Third-Party Offer. You may always request that we stop sharing such information. However, in that case, you may not be eligible to access our facilities or obtain any such rewards, reimbursements, benefits, or other incentives.

Security of Personal Information
We seek to use industry standard physical, technical, contractual and administrative security measures designed to protect your Personal Information. However, no safeguards are 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us.

Personal Information Related to Children: A Note for Parents or Legal Guardians
The CENTER is committed to protecting children’s privacy. While the CENTER may allow minors to use its facilities, it limits the amount of information it collects about such individuals to identifiers and commercial information as described above, and it does not sell any such information. Notwithstanding the foregoing, the CENTER does not intend to, or knowingly, collect any Personal Information of children under the age of 13, except in the limited cases where a parent or guardian purchases Kids Klub (babysitting) services for a minor under the age of 13 and provides, on behalf of such minor, certain identifiers such as the child’s name. If the CENTER becomes aware of a child under the age of 13 providing Personal Information directly, it will attempt to delete that information. If your child under the age of 13 has provided Personal Information to us, please contact us so it can be deleted.

Acceptance of Privacy Terms and Conditions
Your access to and use of the CENTER is subject to this Privacy Policy, the rules set forth in any membership or other services agreement that you sign with us, any rules that are posted in the CENTER, and all applicable laws. By accessing and using the CENTER, you accept, without limitation or qualification, this Privacy Policy. The CENTER reserves the right to at any time revise this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes, and good business practices. If the CENTER changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in the new Privacy Policy. You are bound by any such revisions and should therefore periodically review the then-current privacy terms and conditions to which you are bound. If you have questions about the use, amendment, or deletion of Personal Information that you have provided to the CENTER, or if you would like to opt out of future communications from the CENTER, please contact us by clicking on the “Contact” link on our website or by emailing us at: info@pickleballkaty.org