TERMS OF USE, MEMBERSHIP POLICIES, DISCLAIMERS, AND PRIVACY NOTICE
IMPORTANT NOTICE: THIS DOCUMENT CONTAINS LEGALLY BINDING TERMS AND CONDITIONS. PLEASE READ CAREFULLY.
This TERMS OF USE, MEMBERSHIP POLICIES, DISCLAIMERS, AND PRIVACY NOTICE ("AGREEMENT") is entered into between you ("PARTICIPANT," including your spouse/partner, minor children, and guests) and DropShot Limited LLC d/b/a Metro Pickleball ("METRO PICKLEBALL," including all owners, managers, employees, agents, affiliates, and contractors), and governs access to the METRO PICKLEBALL premises (the "PREMISES") and participation in any of METRO PICKLEBALL's services, events, or offerings (collectively, the "SERVICES"). By accessing the PREMISES or using the SERVICES, you expressly acknowledge and agree to be bound by all terms herein.
1. DEFINITIONS Defined terms shall have the meanings ascribed herein and apply throughout this AGREEMENT.
2. AGREEMENT TO TERMS By accessing the PREMISES or using the SERVICES, the PARTICIPANT expressly agrees:
· To be bound by the terms of this AGREEMENT and all posted or referenced METRO PICKLEBALL policies;
· To ensure that all MINOR MEMBERS and GUESTS under your care comply with the terms of this AGREEMENT;
· That no PARTICIPANT, MINOR MEMBER, or GUEST may access the SERVICES without first executing the METRO PICKLEBALL WAIVER OF LIABILITY. Failure to comply may result in immediate suspension or termination of access without refund.
3. MEMBERSHIP TERMS AND AUTO-RENEWAL
· Memberships may be issued on an annual basis.
· All memberships renew automatically unless properly canceled pursuant to METRO PICKLEBALL policy.
· Cancellations must be submitted through the online member portal prior to renewal.
· No refunds shall be issued for partial usage, missed reservations, or failure to participate. METRO PICKLEBALL reserves the right to amend pricing, terms, and membership structures.
4. CANCELLATION AND REFUND POLICYCourt Reservations:
· Cancellation with at least 48 hours’ notice qualifies for a full refund.
· No-shows and cancellations within 48 hours are non-refundable.
· Event or Party Bookings:
o Cancel with at least 14 days’ notice for full refund.
o Cancellations within 14 days are eligible for rescheduling only, subject to availability.
o No refunds or reschedules are available for cancellations within 48 hours.
· Retail Sales:
o All sales are final.
o Refunds for unopened, unused items may be issued at METRO PICKLEBALL’s sole discretion.
o Used items fall under manufacturer warranty only.
5. FACILITY RULES AND CODE OF CONDUCTAll PARTICIPANTS must:
· Treat all persons on the PREMISES with courtesy and respect;
· Wear appropriate athletic attire, including non-marking footwear;
· Comply with all posted signage and verbal instructions from METRO PICKLEBALL staff;
· Refrain from engaging in disruptive, abusive, or unsafe conduct. Violations may result in immediate removal from the PREMISES and/or suspension or revocation of access privileges.
6. HEALTH AND SAFETY REPRESENTATIONS By entering the PREMISES or participating in SERVICES, the PARTICIPANT affirms:
· They are physically and mentally fit to engage in physical activity;
· They are not under the influence of drugs or alcohol;
· They will not attend if experiencing illness or symptoms of contagion;
· They accept full responsibility for the health and safety of themselves and any MINOR MEMBERS or GUESTS.
7. ASSUMPTION OF RISK AND WAIVER OF LIABILITYPARTICIPANT acknowledges that participation in the SERVICES involves inherent risks, both known and unknown, including but not limited to physical injury, illness, or death. PARTICIPANT expressly and voluntarily assumes all such risks and irrevocably waives any and all claims against METRO PICKLEBALL and its RELEASEES to the fullest extent permitted by law.
8. PERSONAL PROPERTY DISCLAIMER METRO PICKLEBALL shall not be held liable for any damage to, loss, or theft of personal property while on the PREMISES, including vehicles, locker contents, or other belongings. PARTICIPANTS are solely responsible for safeguarding valuables.
9. CONSENT TO PHOTOGRAPHY, VIDEO, AND COMMUNICATION By accessing the PREMISES or engaging in any SERVICES, the PARTICIPANT expressly grants METRO PICKLEBALL the irrevocable right to photograph and/or record PARTICIPANT and to use such recordings for promotional and commercial purposes, without compensation or approval. PARTICIPANT further consents to be contacted by METRO PICKLEBALL via email, telephone, text, or automated messaging at any provided contact information, subject to applicable opt-out rights.
10. RESPONSIBILITY FOR GUESTS AND MINOR MEMBERSPARTICIPANT shall be fully liable for the conduct, compliance, and safety of any MINOR MEMBERS or GUESTS under their account. MINOR MEMBERS may not be left unaccompanied unless expressly approved by METRO PICKLEBALL. All GUESTS must execute a waiver prior to participation.
11. POLICY MODIFICATIONSMETRO PICKLEBALL may amend this AGREEMENT, its pricing, or any policies at any time. Continued use of the PREMISES or SERVICES after changes constitutes binding acceptance. The most current version shall be made available on METRO PICKLEBALL’s official website.
12. GOVERNING LAW AND DISPUTE RESOLUTIONThis AGREEMENT shall be governed by the laws of the State of Michigan. All disputes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in Oakland County, Michigan, and not through any form of class action or representative proceeding.
13. ENTIRE AGREEMENT This AGREEMENT, including the METRO PICKLEBALL WAIVER OF LIABILITY and all posted policies, represents the entire understanding between the parties and supersedes any prior agreements or communications.
14. DATA COLLECTION AND PRIVACY POLICY A. Information Collected: METRO PICKLEBALL may collect personal information including, but not limited to, name, contact details, date of birth, payment information, emergency contacts, participation history, and media content. B. Use of Information: Information may be used for operational, safety, communication, promotional, and emergency purposes. C. Sharing of Information: Information may be shared with authorized staff, third-party vendors, or legal authorities as required. METRO PICKLEBALL does not sell personal data. D. Security Measures: Reasonable physical, technical, and administrative safeguards are used to protect information. PARTICIPANT acknowledges that no system is entirely secure. E. Participant Rights: PARTICIPANTS may request access, correction, or deletion of personal data by contacting METRO PICKLEBALL. F. Policy Updates: METRO PICKLEBALL reserves the right to update its privacy practices. Continued use after updates constitutes consent.
By accessing the PREMISES or participating in SERVICES, the PARTICIPANT affirms that they have read, understood, and voluntarily agreed to be bound by the terms of this AGREEMENT.
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