Common use of CONSEQUENCES OF VIOLATING AGREEMENT Clause in Contracts

CONSEQUENCES OF VIOLATING AGREEMENT. If you violate any of the terms of this Agreement, or any of our Rules (including without limitation the below Code of Conduct), your membership, access to the Premises, participation in any Activities, or use of our facilities, products, services, or equipment, may be immediately suspended or permanently terminated at our sole and absolute discretion without refund to you of any fees, registration, or other amounts paid. COURT RESERVATIONS: Court reservations, including dates and times, are first come first served, are based upon availability, and are not guaranteed. In certain cases, we may need to modify, limit, cancel, or suspend all reservations and reservation times for special events such as tournaments, corporate events, or other events or activities to be held at Pickleball Kingdom. We are not required to provide you any advance notice of such cancellations, but we will do our best to provide notice of the need for such block out periods or cancellations reasonably in advance of those dates and times. MEMBERSHIP CHANGES: Membership costs, benefits, parameters, requirements, etc., may be changed at any time with or without notice. CANCELLATION POLICY, REFUNDS, and PAUSING AN ACCOUNT: • For monthly membership payments, you must notify us in writing of your membership cancellation within no later than 72 hours before the next recurring payment date to avoid another payment. No refunds of any partial month payments or otherwise will be given upon the notice of cancellation of monthly recurring membership payments. • For annual membership payments, you must notify us in writing of your cancellation of membership within 7 days after the date on which you signed up for your membership in order to obtain a full refund of the annual payment amount. After 7 days has expired, no refund will be given for any amount of the annual payment if your cancel your membership. • Any membership account can be paused. Member needs to contact a manager of Pickleball Kingdom to have their membership paused or restarted. There is an administrative fee of $20 to pause the membership and an administrative fee of $20 to restart the membership. If the rates increase during the time a membership is paused, when it is restarted, it will be restarted at the new rate.

Appears in 1 contract

Samples: Terms of Service and Release of Liability

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CONSEQUENCES OF VIOLATING AGREEMENT. If you violate any of the terms of this Agreement, or any of our Rules (including without limitation the below Code of Conduct), your membership, access to the Premises, participation in any Activities, or use of our facilities, products, services, or equipment, may be immediately suspended or permanently terminated at our sole and absolute discretion without refund to you of any fees, registration, or other amounts paid. COURT RESERVATIONS: Court reservations, including dates and times, are first come first served, are based upon availability, and are not guaranteed. In certain cases, we may need to modify, limit, cancel, or suspend all reservations and reservation times for special events such as tournaments, corporate events, or other events or activities to be held at Pickleball Kingdom. We are not required to provide you any advance notice of such cancellations, but we will do our best to provide notice of the need for such block out periods or cancellations reasonably in advance of those dates and times. MEMBERSHIP CHANGES: Membership costs, benefits, parameters, requirements, etc., may be changed at any time with or without notice. CANCELLATION POLICY, REFUNDS, and PAUSING AN ACCOUNT: For monthly membership payments, you must notify us in writing of your membership cancellation within no later than 72 hours before the next recurring payment date to avoid another payment. No refunds of any partial month payments or otherwise will be given upon the notice of cancellation of monthly recurring membership payments. For annual membership payments, you must notify us in writing of your cancellation of membership within 7 days after the date on which you signed up for your membership in order to obtain a full refund of the annual payment amount. After 7 days has expired, no refund will be given for any amount of the annual payment if your cancel your membership. Any membership account can be paused. Member needs to contact a manager of Pickleball Kingdom to have their membership paused or restarted. There is an administrative fee of $20 to pause the membership and an administrative fee of $20 to restart the membership. If the rates increase during the time a membership is paused, when it is restarted, it will be restarted at the new rate.

Appears in 1 contract

Samples: Terms of Service and Release of Liability

CONSEQUENCES OF VIOLATING AGREEMENT. If you violate any of the terms of this Agreement, or any of our Rules (including without limitation the below Code of Conduct), your membership, access to the Premises, participation in any Activities, or use of our facilities, products, services, or equipment, may be immediately suspended or permanently terminated at our sole and absolute discretion without refund to you of any fees, registration, or other amounts paid. COURT RESERVATIONS: Court reservations, including dates and times, are first come first served, are based upon availability, and are not guaranteed. In certain cases, we may need to modify, limit, cancel, or suspend all reservations and reservation times for special events such as tournaments, corporate events, or other events or activities to be held at Pickleball Kingdom. We are not required to provide you any advance notice of such cancellations, but we will do our best to provide notice of the need for such block out periods or cancellations reasonably in advance of those dates and times. MEMBERSHIP CHANGES: Membership costs, benefits, parameters, requirements, etc., may be changed at any time with or without notice. CANCELLATION POLICY, REFUNDS, CHANGING and PAUSING AN ACCOUNT: For monthly membership payments, you must notify us in writing of your membership cancellation within or pausing no later less than 72 hours before the next recurring payment billing date to avoid another payment. No refunds of any partial month payments or otherwise will be given upon the notice of cancellation of monthly recurring membership payments. For annual membership payments, you must notify us in writing of your cancellation of membership within 7 days after the date on which you signed up for your membership in order to obtain a full refund of the annual payment amount. After 7 days has expired, no refund will be given for any amount of the annual payment if your you cancel your membership. Any membership account can be pausedpaused once per 12 months. Member needs to contact a manager of Pickleball Kingdom in writing to have their membership paused or restarted. There is an administrative fee of $20 30 to pause the membership and an administrative fee of $20 to and/or restart the membership. The pausing date needs to be no less than 72 hours before the billing date or the funds will be pulled. Memberships can be paused for up to 3 months, at which time it will automatically be instated. ● When restarting a monthly membership after pausing it, the Member is subject to the current price of the membership and not what it was when the membership was paused. If the rates increase during club’s capacity membership number has been hit, then the time membership will be placed on the waiting list until a membership spot opens up for it to be reinstated into. There is paused, no guarantee of when it is restartedthat reinstatement will be. ● When a member would like to downgrade a membership, it will be restarted take effect on the next billing cycle. Email a member of the management to request the change. CODE OF CONDUCT: As consideration for permission to use the Premises, to participate in Activities at Pickleball Kingdom, and to use any of Pickleball Kingdom’s facilities, services, products or equipment, I agree to the following: ● I will not engage in unsportsmanlike conduct or encourage others to do so. ● I will not engage in any behavior that would endanger the health, safety, or wellbeing of others. ● I will not engage in the use of obscene language or gestures. ● I will not use Pickleball Kingdom records, name, logos, trademarks, or materials for personal gain. ● I will treat others with respect. ● I will exhibit fairness and honesty in my dealings with others. ● I will follow all rules, policies, procedures, and requirements established by Pickleball Kingdom. ● I will accept responsibility for my own actions. ● I will exemplify the highest standard in ethical behavior and fair play. ● I will properly supervise my children and any other minors who I bring to the Premises or who participate in any Activities with me or under my supervision. ● I will engage in conduct that is free from fear, discrimination, abuse, and harassment. ● I will not give private lessons to anyone at Pickleball Kingdom for a fee without the expressed written consent from Pickleball Kingdom’s management. ● I will not attempt to entice anyone at Pickleball Kingdom to pay me a fee for private lessons on other courts. I understand and agree that my violation of this Code of Conduct, or other violations of this Agreement or any of our Rules, or any other harmful or otherwise unacceptable behavior may, in our at our sole and absolute discretion, result in the immediate suspension or termination of my membership, my access to the Premises, my participation in any Activities or use of facilities, products, services, or equipment, or my removal from the Premises without refund of any fees, registration, or other amounts paid. MEDIA RELEASE: I hereby consent to the use, re-use, publication, and re-publication in whole or in part by Pickleball Kingdom, and those acting with permission and authority of Pickleball Kingdom, of all photographs, videos, audio, or other images or recordings taken of me alone or with others, at the new ratePremises, involved in any Activities, or using any of Pickleball Kingdom’s facilities, products, services, or equipment, individually or in conjunction with other photographs, videos, audio or other images and recordings, in any and all media including on the Internet, television or print, without limitation, including for promotion, solicitation, advertising, or trade. I am fully aware that my likeness may appear in materials available to the general public and grant to Pickleball Kingdom the irrevocable and unrestricted right and permission to copy/reproduce and distribute my likeness by means of various media, including, but not limited to, video presentations, television broadcast/rebroadcast, radio transmission/retransmission, news releases, mailings, emails, billboards, signs, brochures, websites or other electronic/digital delivery, social media, Internet, publication, display or promotions or any and all other media and I further understand that my likeness may be subject to reasonable modification or editing. I hereby release and discharge Pickleball Kingdom from any and all claims, demands, suits or actions of any kind or nature arising out of or in connection with the use of such photographs, videos, audio, or other images or recordings, including without limitation, any and all claims for libel, invasion of privacy, or any other request for compensation. I also hereby waive any right to inspect or approve the finished images or other content, including advertising copy, printed or digital/electronic matter, in which they may be used. I understand that all images in which I participate, including film, photographic prints, digital files, or video are the exclusive property of Pickleball Kingdom and I grant to Pickleball Kingdom the unrestricted right to copyright, publish, and re-publish the images. I relinquish and give Pickleball Kingdom all rights, title, and interest in and to my likeness, including any copyright therein and Pickleball Kingdom has the unrestricted right to edit and modify the images. I further assign and agree to assign any such interest I may own or control to Pickleball Kingdom. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, assigns, officers, directors, members, managers, and employees of Pickleball Kingdom. This authorization and release applies to myself as well as expressly applies to any of my children or other minors for whom I am responsible and/or for whom I am authorized to act and to provide consent and who I have brought to or otherwise authorized to use the Premises, participate in any Activities, or use any of Pickleball Kingdom’s facilities, products, services, or equipment. This authorization and release is equally binding upon me and my heirs, legal and personal representatives, and assigns. COMMUNICATIONS: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number, and e-mail address provided to Pickleball Kingdom are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Pickleball Kingdom, including its agents and affiliates, may contact Member at any mailing address, phone number or e-mail address provided by Member to Pickleball Kingdom. I understand that I may receive information, promotions, appointment reminders & alerts from Pickleball Kingdom via SMS (short message service) text messages. I understand this program is completely voluntary and that text messaging rates & fees may apply as determined by my cellular provider. Pickleball Kingdom is in no way responsible for any fees charged to me by my cellular provider. If at any time I wish to discontinue receiving text messages from Pickleball Kingdom I can reply STOP to any message. The Member agrees and acknowledges that he/she has carefully read this waiver and release, and fully understands it is a release of liability.

Appears in 1 contract

Samples: Terms of Service and Release of Liability

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CONSEQUENCES OF VIOLATING AGREEMENT. If you violate any of the terms of this Agreement, or any of our Rules (including without limitation the below Code of Conduct), your membership, access to the Premises, participation in any Activities, or use of our facilities, products, services, or equipment, may be immediately suspended or permanently terminated at our sole and absolute discretion without refund to you of any fees, registration, or other amounts paid. OPEN PLAY OR COURT RESERVATIONS: Court Open play or court reservations, including dates and times, are first come first served, are based upon availability, and are not guaranteed. In certain cases, we may need to modify, limit, cancel, or suspend all reservations and reservation times for special events such as tournaments, corporate events, or other events or activities to be held at Pickleball KingdomXtreme Pickle. We are not required to provide you any advance notice of such cancellationscancel- lations, but we will do our best to provide notice of the need for such block out periods or cancellations reasonably in advance of those dates and times. MEMBERSHIP CHANGES: Membership costs, benefits, parameters, requirements, etc., may be changed at any time with or without notice. CANCELLATION POLICY, REFUNDS, and PAUSING AN ACCOUNT: • For monthly membership payments, you must notify us in writing of your membership cancellation within no later than 72 hours before the next recurring payment date to avoid another payment. No refunds of any partial month payments or otherwise will be given upon the notice of cancellation of monthly recurring membership payments. • For annual membership payments, you must notify us in writing of your cancellation of membership within 7 days after the date on which you signed up for your membership in order to obtain a full refund of the annual payment amount. After 7 days has expired, no refund will be given for any amount of the annual payment if your cancel your membership. • Any membership account can be paused. Member needs to contact a manager of Pickleball Kingdom Xtreme Pickle to have their membership paused or restarted. There is an administrative fee of $20 to pause the membership and an administrative fee of $20 to restart the membership. If the rates increase during the time a membership mem- bership is paused, when it is restarted, it will be restarted at the new rate. An administrative fee of $20 to restart the membership.

Appears in 1 contract

Samples: Xtreme Pickle

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