PLEASE READ THESE DISCLOSURES & DISCLAIMERS CAREFULLY.
By voluntarily submitting your information to Paddle Up Pickleball Club LLC (“Paddle Up Pickleball Club,” “our,” or “we”), you, the
Account Member or Visitor (“you” or “your”), acknowledge that you have read, understand, and agree to these Disclosures and
Disclaimers. We have adopted policies, procedures, rules, and regulations, designed to provide for the safe, enjoyable, and healthy
use of our premises and events by you, our members, and their guests. These policies apply to your conduct on Paddle Up
Pickleball Club’s premises, including our centers, courts, outdoor areas, parking lots, and sidewalks (“premises”). These policies
also apply to your conduct during our events or other Paddle Up Pickleball Club’s sponsored activities (“events”).
As a member or guest of Paddle Up Pickleball Club, you are responsible and expected to review and comply with these policies at
all times. If you violate any of these policies, your membership, club access, or event participation may be suspended or terminated.
Our decision on all questions regarding construction or interpretation of these policies is final.
We may change these policies at any time without notice, in our sole discretion. You may find the most recent version of these
policies at www.paddleuppickleballclub.com/waiver.
MEMBERSHIPS, CANCELLATION & REFUNDS.
Memberships
Club memberships are available in month-to-month or annual plans. All month-to-month plans must be paid in advance of the month
of membership. Members may pay for an annual pan at a discounted yearly rate in advance for all 12 months of membership, or
may elect to pay in 12 equal monthly installments. If you elect to pay for an annual plan in 12 equal monthly installments, you (1)
agree that the pricing for annual plans is discounted rate compared to month-to-month plans, such that in order to benefit by such
discounted pricing you are irrevocably committing to the full 12-month term of the annual plan, despite your ability to pay in equal
monthly installments, (2) agree to maintain an active credit card, debit card or ACH on file with us authorized for all monthly
payments due under the annual plan, (3) agree that any purported cancellation of your annual plan before the end of the 12-month
term shall in no way relieve you of your obligation to pay us for all 12 months of payments due, and (4) hereby authorize us to
procure payment from you for all 12 monthly payments due under the annual plan, despite any attempted or purported early
cancellation by you of your annual membership. Paddle Up Pickleball Club shall have all rights available to it under the law to collect
payments due to it hereunder, and you agree to reimburse us for all reasonably costs of collection (including reasonably attorneys’
fees) should we be required to take any legal action to enforce these collection policies.
You may cancel your membership for the next billing cycle (the following year for annual plans or following month for month-to-
month plans) at any time. If you do not request a cancellation, your membership will renew automatically for the same term as you
previously had in place. We will issue you a courtesy email to notify you prior to renewal. Because member privileges are
immediate — discounted court rates, discounted programmed play, discounted organized play events — canceling your
membership will not include a refund of any prior payments made, nor shall it relieve you of your obligation to make all 12 monthly
payments for an annual plan which you elect to pay in installments. Prior to the automatic renewal of your existing plan, you may
change your membership from a month-to-month plan to an annual plan, or an annual plan to a month-to-month plan, on a go
forward basis by completing a new membership agreement with us.
Court Reservations and Daily Programs
Court reservations and daily program registrations that are canceled more than 48 hours in advance will receive 100% of the
registration fee as a credit added towards your member or visitor account. Court reservations and daily program registrations that
are canceled 13-48 hours in advance will receive 50% of the registration fee as a credit added towards your member or visitor
account. Court reservations and daily program registrations that are canceled less than 12 hours in advance will receive 25% of the
registration fee as a credit added towards your member or visitor account. You must cancel your court reservation through your
CourtReserve account, or cancel and confirm with the front desk.
Leagues, Tournaments, Clinics, and other Weekly Programs
Registrations that are canceled more than 14 Days in advance will receive 100% of the registration fee as a credit added towards
your member or visitor account. Registrations that are canceled 8-13 Days in advance will receive 50% of the registration fee as a
credit added towards your member or visitor account. Registrations that are canceled 2-7 Days in advance will receive 25% of the
registration fee as a credit added towards your member or visitor account.
Parties and Group Events
For party or group events, cancellation must be at least 7 days in advance of your event. Inside 7 days, you may request a
reschedule, but no refund is available. Within 48 hours there is no opportunity for refund or reschedule.
Pro Shop Return Policy
Paddle Up Pickleball Club offers a 60-day return policy on most products. Returns with valid proof of purchase will receive a refund
based on the initial form of payment, such as the credit card used for the purchase. Valid Proof(s) of Purchase include the original
sales receipt, order number or an order confirmation email. We will also make every effort possible to look-up past receipts if you do
not have these available. To be eligible for a refund, products must be in a clean and resalable condition including the original
manufactures packaging. All sales are final on the purchase of used paddles, including used Demos.
Paddle Warranties
At Paddle Up Pickleball Club we offer a 60-day guarantee against defects for new paddles purchased through us. If your paddle
breaks during this period in a manner deemed a manufacturer's defect you can stop by the club or email
sales@prodirectathletics.com to set up an exchange. Used paddles or Demo paddles are not covered by warranty policy. Beyond
this time, you are protected by the warranty of your paddle’s manufacturer.
If you believe your paddle has developed a defect within the listed time frame(s), then you can contact the manufacturer to see if
they will arrange an exchange. If you need proof of purchase, please contact us for your original order invoice. Keep in mind that
your paddle must have an actual defect to be considered for an exchange. Paddles affected by normal wear and tear, abuse and
negligence will not be accepted. Normal wear includes faded graphics, small dents or scratches (which don’t affect play) and
markings/residue left by pickleballs on the face. You should keep your paddle out of extreme temperatures and humid conditions to
prevent early decomposition, and never use your paddle to hit anything other than a pickleball. Most manufacturers will not take
back paddles that have been tampered with (re-glued, grip changed, etc.) or those that have been marked with permanent
identification, so if you want to put your name on your paddle, it’s best to use a sticker.
We try to keep this information as up to date as possible, but changes in warranties can occur so it’s best to check with the
manufacturer to be sure your paddle is still covered under their terms. For a list of paddle manufacturers and their warranty contact
information visit www.PaddleUpPickleballClub.com/proshoppolicy.
MEDIA RELEASE FORM.
You grant us and our affiliates, photographers, videographers, audio engineers, agents, legal
representatives, successors and assigns the irrevocable and unrestricted right and permission to photograph, record (video and
audio), copyright, use, re-use, publish, and re-publish in any lawful manner photographic, video and audio pictures and recordings of
you, or in which you may be included, taken or recorded by us (collectively, “Images”), in whole or in part, without restriction as to
changes, alterations or reproductions thereof in black and white, color or otherwise, made through any medium, for illustration,
promotion, art, editorial, advertising, trade, publishing, or any other purpose whatsoever in connection with the marketing, promotion
and operation of our business, which may include: Videos, Email Blasts, Recruiting Brochures, Newsletters, Magazines, General
Publications, Website and/or Social Media. You hereby waive any right to inspect or approve the finished Images or electronic
matter that may be used in conjunction with them now or in the future, whether that use is known to you or unknown, and you waive
any right to royalties or other compensation arising from or related to the use of the Images.
You agree that you have no rights to the Images, and all rights to the Images, including the copyright, belong to Paddle Up
Pickleball Club. You hereby release, discharge, and agree to hold harmless Paddle Up Pickleball Club (and all persons included in
the collective definition thereof in this first paragraph of this Section) from any liability by virtue of any use of the Images or any
changes or alterations made thereto in any lawful manner.
You acknowledge that you are either 18 years of age or older or the parent or legal guardian of the member and are competent to
contract in your own name. You acknowledge that you have read this release before signing below, and that you fully understand
the contents, meaning and impact of this release. You understand that you are free to address any specific questions regarding this
release by submitting those questions in writing prior to signing, and you agree that your failure to do so will be interpreted as a free
and knowledgeable acceptance of the terms of this release.
HEALTH & SAFETY.
The health and safety of our members and guests is our highest priority. While our policies are designed to
help protect you, Paddle Up Pickleball Club cannot remove all risk or otherwise guarantee or promise that you will not sustain any
injuries or damages from viruses, infectious diseases, or other health hazards associated with your use of Paddle Up Pickleball
Club’s premises, facilities, equipment, services, activities, or products (“Use of Paddle Up Pickleball Club Premises and Services”).
On behalf of yourself and your spouse/partner, children/Minor Member(s), and Guest(s), you attest that you are physically and
mentally capable of participating in Paddle Up Pickleball Club activities and have no known health restrictions that might jeopardize
your health or safety or the health or safety of others during their participation in Paddle Up Pickleball Club activities.
CODE OF CONDUCT
1. Practice good sportsmanship
2. Respect court times (start and finish on time)
3. Don’t crash into, lean on or sit on the nets!
4. Players to wear non marking shoes only
5. Don’t dive (on the floor) for the ball (trust us it hurts)
6. Don’t jump over or sit on the fences
7. No outside alcohol is allowed
8. Demo paddles must not leave the building
9. No smoking or vaping inside the building
10. Loud cursing, obnoxious or rude behavior will not be tolerated
USE OF PREMISES AND SERVICES
You understand that Use of Paddle Up Pickleball Club’s Premises and Services can include
but is not limited to (1) pickleball courts, lobby, entryways, sidewalks, parking lots, and any other facilities; (2) use of services and
participation in activities including but not limited to special athletic events; and (3) all other programs, activities, classes, sessions,
events, amenities, or benefits that are sponsored, endorsed, or operated by Paddle Up Pickleball Club on or off its premises.
ASSUMPTION OF RISK.
You understand that there are dangers, hazards, and risks of injury or damage, some of which are
inherent, in the Use of Paddle Up Pickleball Club Premises and Services (“Risks”), which may include, but are not limited to (1)
slips, trips, collisions, falls, and loss of footing or balance; (2) equipment failure, malfunction, or misuse; (3) property or information
theft, loss, misuse, or damage, including from vehicles, equipment, files, or systems; (4) other accidents or incidents that your result
in injury or damage to you, Minor Member(s), or Guest(s); and (5) major or minor personal, physical, bodily, emotional, mental,
economic, property, or other types of injuries or damages (“Injuries”) to you, Minor Member(s), or Guest(s), including but not limited
to (a) death; (b) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration,
concussions, hearing loss, torn, or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises, and
scrapes; (c) aggravation of pre-existing injuries or medical conditions; (d) pain and suffering; (e) loss of consortium, love, affection,
comfort, companionship, or care; (f) emotional distress, embarrassment, humiliation, or shock; and (g) any other disability,
impairment, incapacity, injury or damage.
You understand that Risks and Injuries in the Use of Paddle Up Pickleball Club Premises and Services (collectively, “Risks of
Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF Paddle Up Pickleball Club, you, Minor Member(s),
Guest(s) and/or other persons. YOU FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF
INJURY.
WAIVER OF LIABILITY.
On behalf of yourself and your spouse/partner, children/Minor Members, Guests, parents, guardians, heirs,
next of kin, personal representatives, heirs, and assigns, you hereby voluntarily and forever release and discharge Paddle Up
Pickleball Club from, covenant and agree not to sue Paddle Up Pickleball Club for, and waive, any claims, demands, actions,
causes of action, debts, damages, losses, costs, fees, expenses, or any other alleged liabilities or obligations of any kind of nature,
whether known or unknown (collectively, “Claims”) for any Injuries to you, Minor Member(s), or Guest(s) in the Use of Paddle Up
Pickleball Club Premises and Services including any Claims that may arise out of, result from, or are caused by any
NEGLIGENCE OF Paddle Up Pickleball Club, you, any Minor Member(s), or Guest(s), and/or any other person (“collectively,
“Negligence Claims”).
NEGLIGENCE CLAIMS. You understand that Negligence Claims include but are not limited to Paddle Up Pickleball Club’s (1)
negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or
provision of the Use of Paddle Up Pickleball Club Premises and Services; (2) negligent failure to warn of or remove hazardous,
unsafe, dangerous, or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4)
negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification,
supervision, or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure, or storage of
personal, sensitive, or other information (including negligent failure to implement or maintain information security controls); or (7)
other negligent act(s) or omission(s).
Paddle Up Pickleball Club’s Fees and Costs. You expressly agree that, if you (on your own behalf or on behalf of another,
including an estate) assert a Negligence Claim against Paddle Up Pickleball Club and/or breach your agreement not to sue Paddle
Up Pickleball Club, you will pay all reasonable fees (including attorneys’ fees), costs, and expenses incurred by Paddle Up
Pickleball Club (“Paddle Up Pickleball Club’s Fees and Costs”) to defend (1) the Negligence Claim(s) and (2) all other Claims
based on the same facts as the Negligence Claim(s).
DEFENSE AND INDEMNIFICATION.
On behalf of yourself and your spouse/partner, children/Minor Member(s), you agree to
defend, indemnify, and hold Paddle Up Pickleball Club harmless to the fullest extent permitted by law from and against any
Claim (including any Negligence Claim) asserted against Paddle Up Pickleball Club by you, your spouse/partner or your
children/Minor Member(s) arising out of, resulting from, or caused by the Use of Paddle Up Pickleball Club Premises and Services
by you, your spouse/partner or you children/Minor Member(s). Your agreement to defend Paddle Up Pickleball Club means that
you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Paddle Up Pickleball Club to
resolve the claim.
● You declare that the information you have provided is accurate and complete.
● You agree to the above stated waiver.