Membership Agreement Guide

PICKLEBALL EUPHORIA, INC. MEMBERSHIP AGREEMENT

Court reservation privileges are intended primarily to facilitate Member participation. 

CourtReserve accounts are required for all participants. CourtReserve accounts are individual (not family) accounts. Pickleball Euphoria, Inc. memberships are individual (not family or group) memberships. The booking member must be on the court for the entirety of each court rental. Members may not book on behalf of a non-member individual or group. Abuse of this benefit may result in court reservation privileges being revoked.

TERMS AND CONDITIONS

PAYMENT TERMS:

All Members are required to have an active payment profile on file for all Pickleball Euphoria activities, court rentals, events, lessons and services. All reservations must be paid in full, in advance before participation. If booking member does not finalize payment prior to a scheduled reservation, Pickleball Euphoria reserves the right to draft past due payments automatically.

All Monthly and Annual Membership fees will bill automatically upon renewal. All new and reinstated memberships are subject to an activation fee. Cancellation will be subject to policies outlined in this agreement.

All payments will be done through Electronic Funds Transfer (EFT) from Members financial account (Credit/Debit Card). Payment for Member agreement dues and fees will be charged on join date and reoccurring based on type of Member agreement.  It is the responsibility of the Member to keep ALL account information accurate and current.

DEFAULT AND LATE PAYMENTS:

An additional service fee of $25.00 may be charged for any credit card payment denied or returned for insufficient funds or any other reason. If the Member is paying rental, lesson, or event fees, or monthly or annual dues by Electronic Funds Transfer (EFT), Member reserves the right to draft via EFT all amounts owed by the Member including any and all late fees and service fees subject to appropriate State and Federal Law.

RIGHT TO CHARGE FOR ADDITIONAL FACILITY USAGE OUTSIDE OF BOOKED RESERVATIONS:

Pickleball Euphoria hereby reserves the right to draft via EFT all amounts owed for additional facility usage based on the current rental rates posted. 

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

MEMBER OBLIGATIONS:

1. Member agrees to abide by all Member policies, follow the directions of the staff      regarding safety and security issues, and to treat the staff and other Members with courtesy.
2. Member agrees to pay reservation fees and membership dues on time, including notifying Member promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per      delinquent payment.
3. Member Management reserves the right to increase late penalty amount with 60 day notice to Member agreement.
4. Member agrees to pay all costs of collection incurred by the holder of this agreement if Member’s account becomes more than sixty (60) days past due.
5. Member agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.

MEMBERSHIP AGREEMENT DISABILITY:

1. If Member becomes temporarily disabled, Member may freeze their account for up to      three (3) months. The request must be made in writing and Pickleball Euphoria may require proof of the disability and a written physician note verifying that the Member is not physically able to use the facilities of Pickleball Euphoria.
2. A medical issue is the only circumstance where a Member can freeze their account and must  be accompanied with appropriate information from the doctor or medical      facility (nature of injury, approx. recovery time). 
3. If Member is  permanently disabled, Member may cancel this Agreement with the standard  30 day notice to cancel Member agreement in writing. If account is      currently frozen for medical reasons and it is determined that Member is      permanently disabled, the 30 day minimum notice can be waived.
4. If Member’s  account is frozen for any reason, regular payments and time will be added to the end of the existing Member agreement term (if applicable).

CANCELLATION POLICIES:

1. Member’s accounts will continue to accrue monthly and annual Member agreement fees until explicitly cancelled by the Member. Member understands that Pickleball      Euphoria will under no circumstance automatically cancel an account on      behalf of the Member and that the Member is responsible for giving      appropriate written notice to Pickleball Euphoria. Member’s account must      be current before any cancellation will take effect.
2. Email      cancellation notices to pickleballeuphoria@gmail.com. In the event the Members      next scheduled billing date is less than 30 days from the submission date      they WILL be billed the full amount of their dues per the terms outlined      in their contract. Any payments due prior to cancellation taking effect      will still be due and payable.
3. Annual fees, membership      dues, programming, lessons, and special event fees will not be refunded      regardless of illness, injury or personal circumstance without an advanced      notice of 48 hours or more.
4. If Member dies      or becomes totally and permanently disabled, Member or Member’s estate may      cancel this Agreement by providing a written request and certifiable proof      of disability or death. For permanent disability, Member’s doctor must      provide certification of the disability and state that the Member is      unable to use any of Pickleball Euphoria’s facilities. Any pre-paid dues remaining      will not be refunded.
5. Pickleball      Euphoria reserves the right to cancel or suspend the Member agreement of      any person for any reason. If such cancellation or suspension is made due      to violation of Pickleball Euphoria policies, violation of terms of this      Agreement, or due to damage rendered by Member or Member’s guests, Member      will remain responsible for the financial obligations of this Agreement,      as well as a $25.00 cancellation fee. In the case where the facility or      its contents are damaged, Member is also responsible for any repair,      cleanup, or replacement thereof.
6. To cancel for      any of the above reasons, Member is to send or deliver a written notice to      Pickleball Euphoria and remit payment for any past due balances.

SUMMARY OF CLUB POLICIES:

1. Pickleball      Euphoria reserves the right to refuse service to anyone.
2. Member, by      executing this Agreement, does hereby join Pickleball Euphoria and such      agreement entitles the Member to use the facilities. The Member is      entitled to use the facility only and Member is required to provide Member’s      own athletic equipment. The Member may be subject to additional charges      for and including, but not limited to, pickleball courts, lessons, special      events and personal training. The Member may also be charged for purchases      through the use of their account.
3. Upon request, Member      must present upon entering Pickleball Euphoria proper identification (driver’s      license or other valid state or federal ID). Member agrees that Member may      be denied access to Pickleball Euphoria without his/her identification.
4. Member agrees      to abide by all Member agreement regulations of Pickleball Euphoria. Member      agree to comply with stated and customary rules for participation and use      of equipment. Unless cancelled as provided in this Agreement, Member will      be responsible for all payments due and owing under this Agreement, even      if Member does not use Pickleball Euphoria’s facilities and services.      However, in the event of death or disability, liability for fees will      terminate as of the date of death or disability.
5. If Member      violates this Agreement and the terms contained therein or any of the      rules and regulations for use of the facility, Pickleball Euphoria may      suspend the Member’s right to use the facility until such time as the Member      provides Pickleball Euphoria with reasonable assurance of future      compliance. During the period of any such suspension, the Member shall not      be entitled to a credit for any prepayment of dues or other fees due or      paid pursuant to this Member agreement. Additionally, Member may be      assessed an account suspension fee not to exceed $10/month. In the event Member      continues to violate the terms of this Agreement or the rules and      regulations governing the facility, the Member’s Member agreement may be      terminated by Pickleball Euphoria, and the balance of the Agreement      declared due and payable in full immediately.
6. Member agrees      that he/she shall not engage in any type of commercial or business      activity while using the facilities unless allowed by Pickleball Euphoria Management.      Member shall not act as a trainer for any other Members or guests and any      acts which constitute such business activities are strictly forbidden. If Member      engages in such commercial or business activities Member’s Member      agreement shall be subject to immediate cancellation and the balance of      this Agreement declared due and payable in full immediately.
7. Member agrees      that Member shall abide by Pickleball Euphoria dress code at all times      while in the facility. Member must wear a shirt or top at all times.      Flip-flops, slide on shoes or bare feet are not allowed in Pickleball      Euphoria. All participants must wear proper court shoes.
8. Member agrees      that he/she will not use loud or profane language upon Pickleball Euphoria premises nor will Member      badger, assault or harass other Pickleball Euphoria Members, guests, employees      or visitors. If Member engages in such behavior, Member’s Member agreement      shall be subject to immediate cancellation, and the balance of this      Agreement declared due and payable in full immediately.
9. Member      understands that Pickleball Euphoria prohibits the use of any drugs or      steroids and Member agrees not to use any drugs or steroids on Pickleball      Euphoria premises. Member acknowledges and is aware that steroids can      cause numerous physical, mental, and emotional problems relating to      physical maturity and growth and may cause heart disease, strokes, liver      dysfunction, sterility and infertility, and many other adverse health      problems. Member recognizes and acknowledges that there are serious      criminal and civil penalties for the illegal possession, sale, use,      trading, or exchange of steroids and no such activity is allowed upon Pickleball      Euphoria premises.
10. Member agrees      that if he/she fails to use Pickleball Euphoria facilities that this      failure shall not release the Member from the obligation to make all      payments required by the terms of this Member Agreement.
11. Member agrees      that all disputes (except small claims under $1,000) will be settled by      binding arbitration before a single arbitrator under the authority of the      Federal Arbitration Act, conducted by and in accordance with the rules and      procedures of the American Arbitration Association. The arbitration will      take place in the county in which this Pickleball Euphoria is located      unless otherwise agreed. The decision of the arbitrator will be final and      binding on all parties and may be enforced by a judgment entered upon the      arbitration award by any state or Federal court in this state.
12. Should this      Agreement be placed in the hands of an attorney for the violation of any      provision contained herein, the parties agree that Pickleball Euphoria shall      be entitled to recover all costs and expenses resulting there from,      including a reasonable amount as attorney’s fees.
13. Both Member and      Pickleball Euphoria hereby agree that the whole agreement between the      parties relating to the subject matter hereof is contained in this      Agreement and shall supersede any prior understandings, arrangements,      commitments, or undertakings of the parties, whether written or oral,      express, or implied.
14. This Agreement      may not be amended or modified except by an instrument in writing executed      by the parties hereto.
15. Member      authorizes Pickleball Euphoria to contact Member by e-mail or telephone.
16. Lockers are for      day use only and Members are responsible for providing their own lock.      Contents on lockers left overnight will be removed at the end of the      business day. Pickleball Euphoria is not responsible for any lost or      stolen items.
17. Pickleball      Euphoria may take images or videos of Members and guests for marketing or      social media purposes. If you do not wish to have images taken by Pickleball      Euphoria, please let the team Member know, so that you can opt out. By      your continued use of Pickleball Euphoria’s premises and services,      including participation in classes and special events, you irrevocably      consent to and grant Pickleball Euphoria the exclusive, worldwide,      perpetual, royalty-free and otherwise unlimited right to use, copy,      modify, distribute, publicly display and perform, publish, transmit,      remove, retain, and repurpose the images for any purpose in any media or      form of communication, without additional consent and without      compensation, including but not limited to Pickleball Euphoria’s      commercial and promotional use on its corporate or employee social media      sites.

SAFETY NOTICES:

1. Pickleball      Euphoria Members are welcome to bring friends, family Members and guests      to enjoy the facilities. 
2. Members who do      not have their valid state/federal ID may not be allowed into the facility      during non-staffed hours, nor should they expect for anyone else to let      them into the facility.
3. Personal      training services provided in this facility may be provided either by      employees or by independent contractors operating their own business.      Regardless, all payments for personal training services are to be made to Pickleball      Euphoria (unless otherwise arranged with Pickleball Euphoria Management),      who will then pay the trainers as the services are provided.
4. All Members      have access to a free orientation to the facility and the proper use of      its equipment. It is the Member’s responsibility to request this      orientation.
5. Members are      responsible for understanding how to operate the panic alarms and agree to      use them only in case of an emergency.
6. Horseplay,      vulgar language or music, abuse of the equipment, participating while      intoxicated, or other inappropriate behavior will not be tolerated and may      result in the suspension or cancellation of the offending Member’s Member      agreement, and the balance of this Agreement being declared due and      payable in full immediately.

Pickleball Euphoria retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Member agreement Guide or at Pickleball Euphoria from time to time and all Members shall be subject to strict compliance therewith. The most current copy of the Pickleball Euphoria Membership Agreement Guide can be found at www.pickleballeuphoria.com. 

By submitting the creation of their CourtReserve account, Member acknowledges receipt and agrees to terms outlined in this Member Agreement.