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.

Strand Tennis Center Registration Agreement

PRIVATE LESSON / DROP IN CLINIC / COURT TIME CANCELLATION POLICY We require 24 hours notice if you would like to make any changes to your scheduled private lesson, scheduled drop in clinic, or booked court time to ensure you are not charged the full rate of services. To cancel either email in writing or speak with the office manager. Please do not make cancellations with your tennis pro. Missed lessons cannot be rescheduled, which means payments for missed lessons are not reusable, refundable, or transferable. You can cancel and reschedule lessons anytime up to 24 hours before your lesson. MEDICAL POLICY If a player becomes injured during their clinic or summer camp season, medical documentation is required. Credit will then be given for the portion of payment from the date of the medical documentation due to injury. Refund will be issued in the form of a credit valid for one year from issue date. Doctor's note is required. SUMMER CAMP REFUND POLICY All requests for refunds must be made directly to the office manager. All monies paid with the exception of a $50.00 administrative fee, per session enrolled, will be refunded provided the notice of cancellation is received 14 days prior to the start of camp. No refunds will be provided less than 14 days prior to camp, for expulsion from camp, for voluntary withdrawal from camp, or for injuries sustained prior to camp or at camp. We are also unable to issue a credit for any future camps. CLINIC REFUND POLICY All fees are non-refundable due to illness, vacations, schedule conflicts. If an extenuating injury occurs, we will require a doctor's note for consideration. All requests for refunds must be made directly to the office manager. All monies paid with the exception of a $30.00 administrative fee, per session enrolled, will be refunded provided the notice of cancellation is received 14 days prior to the start of the clinic. No refunds will be provided less than 14 days prior to the start of the clinic, for expulsion from the clinic, for voluntary withdrawal from the clinic, or for injuries sustained prior to the clinic or at the clinic. We are also unable to issue a credit for any future clinics or camps. All requests for a credit to drop out of a clinic (not due to a medical reason) after the start of the session, would entail your spot to be filled by another player. Once your spot is replaced, an credit for the remaining session will be issued to your account. MAKE UPS POLICY To be eligible for a Make Up, you must call in your missed clinic date at least 24 hours before your actual clinic. Strand Tennis offers up to two Make Ups per session. Make Ups cannot be rolled over to into the next session. Make Ups are subject only to availability and NOT guaranteed. You will be put on a Make Up list and notified when a spot becomes available. We do not offer Make Ups for Junior Clinics. CREDIT CARD POLICY Refunds for any programs or pro shop items (lessons, camps, racquets, apparel, etc.) will result in a $30 processing fee. The remaining credit may be refunded by check if applicable. To result in no processing fee, remaining credit may be kept on file as a credit. Strand Tennis will charge a 3.5% processing free for all credit card purchases. Strand Tennis Center Waiver I, the undersigned, desire to voluntarily participate in this activity. I understand that participating in tennis and/or pickleball, and the physical activity required during tennis and/or pickleball, constitute a potentially hazardous activity. I should participate in these activities ONLY if I have trained properly and have been cleared of any medical conditions, which may inhibit my ability to participate in, volunteer, or complete this event. In consideration of my application and this entry being accepted, and recognizing the risks of participating, I, individually, and/or in my capacity as a parent/legal guardian of the participant (as applicable) hereby for myself, heirs, executors and administrators (and/or of the participant, as applicable) do the following: a) waive and release any and all rights, claims and actions for damages that I may have against the Steve Capo’s Tennis d/b/a Strand Tennis Center, and any other organizers, officers, directors, employees, representatives and successors (collectively referred to as the Persons) for any and all liability or injuries arising out of or in connection with my involvement before, during or after the event, including, but not limited to those that relate to training for these activities, participating in this activity and/or any of the related activities and giveaways thereto, as applicable, even though such liability, damage or injury may arise out of negligence or carelessness on the part of persons named in this waiver; b) indemnify and hold harmless the Steve Capo’s Tennis LLC d/b/a The Strand Tennis and Persons from any and all liabilities, costs, expenses or claims made by other individuals or entities as a result of my actions or participation in these activities. c) acknowledge that participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19, and that while particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist, d) assume all risks associated with participating in tennis and/or pickleball, and use of Steve Capo’s Tennis LLC d/b/a Strand Tennis Center’s courts, including but not limited to: falls, contact with other players, running into structures, curtains, benches, stepping on balls. The effects of the weather, including extreme cold, high heat and/or humidity, the conditions of the courts and adjacent facilities, and exposure to infectious diseases, including COVID 19, all such risks being known or unknown and appreciated by me. I also agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID 19 and all applicable local and state ordinances relating to social distancing during the event. e) hereby grant permission to the Steve Capo’s Tennis LLC d/b/a The Strand Tennis Center, and its agents, representatives, designees and assigns, to use, publish and republish in any form or media, in whole or in part, all photographs, videos, likenesses (photographic or otherwise) may be taken for any legitimate purposes. I also hereby represent and warrant that I am 18 years of age or older. I have read and agree to the above waivers and authorizations. PARTICIPANT’S NAME (printed): _________________________________________________ PARTICIPANT’S SIGNATURE: ______________________________________ DATE_________ PARENT OR LEGAL GUARDIAN ACKNOWLEDGEMENT (IF UNDER THE AGE OF 18) I represent and warrant that I am the parent or legal guardian of , the individual who signed the foregoing Release (“Minor”) and that I have received, read, and understood the foregoing Release. I fully consent to and voluntarily authorize the Minor to execute said Release (or, if applicable, have voluntarily executed said Release on Minor’s behalf). I acknowledge and agree that all representations, consents, agreements, grants, waivers, authorizations, indemnifications and releases herein shall be regarded as made by me on behalf of the Minor and shall be binding on me and the Minor. Furthermore, in consideration of Releasees possibly including me and/or Minor in the Event, I hereby agree to be bound by and to perform all of the terms and conditions of the foregoing Release (including, without limitation, the provisions regarding release of all claims), as such terms and conditions may relate to my participation and/or the participation of the Minor in the Event, if any. SIGNED: DATE: PRINT NAME: RELATIONSHIP TO MINOR: