By voluntarily submitting your information to Elite Pickleball Club, LLC., you, the Account Member or Visitor, acknowledge that you have read, understand, and agree to these Disclosures. You also acknowledge you have read, understand, and agree to our Privacy Statement at texaselitepickleball/policies, which includes your express permission to contact you by email and/or telephone and send you prerecorded messages and text messages using automated technology to the telephone number provided. At Elite Pickleball Club, LLC., (“Elite Pickleball,” “our,” or “we”), we have adopted policies, procedures, rules, and regulations, including those located at www.texaselitepickleball.com/policies (“policies”) designed to provide for the safe, enjoyable, and healthy use of our premises and events by you, our members, and guest. These policies apply to your conduct on Elite Pickleball’s premises, including its clubs, courts, and all outdoor areas, including its parking lots, and sidewalks (“premises”). These policies also apply to your conduct during our events or other Elite Pickleball’s sponsored activities (“events”). As a member or guest of Elite Pickleball, you are responsible and expected to always review and comply with these policies. If you violate any of these policies, your membership, center 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 texaselitepickleball.com/policies. As a member or guest of Elite Pickleball, you are responsible and expected to review and comply with these policies at all times. 

Club memberships are year to year and non-transferable. You may cancel your next billing cycle (the following year) at any time. If you do not request a cancelation, your membership will renew automatically, and we will issue a courtesy email to notify you prior to renewal. Because member privileges are immediate — discounted court rates, discounted programming play, discounted drop-in events — canceling your membership will not include a refund of any prior payments. Memberships are non-refundable. 

Elite Members - you may cancel an Elite Member court reservation by going to courtreserve.com or accessing the CourtReserve app 48 hours in advance from your scheduled reservation date and time. We will charge you a fee of $30 per hour for a reservation that you fail to attend or fail to reschedule or postpone at least 48 hours in advance. Within the first 15 minutes of your Elite reservation, if you have not called the front desk to let them know of your arrival time or shown up, you will be charged $30/plus tax per hour. If you leave more than 15 minutes before your reservation ends, you will be charged $30/plus tax per hour. 

Diamond and Quarterly Members - you may cancel a court reservation by going to courtreserve.com or accessing the CourtReserve app. We will refund all amounts paid if we receive your cancellation notice 24 hours in advance of your scheduled reservation date and time. We will not refund any amount for a reservation that you fail to attend or fail to reschedule or postpone at least 24 hours in advance. 

For party or group events, cancelation must be at least 14 days in advance of your event. Inside 14 days, you may request a reschedule, but no refund is available and a reschedule is not guaranteed. Inside 48 hours there is no opportunity for a refund or reschedule. 

OPEN-PLAY NO SHOW FEES. 

Members, if you sign up for Open-Play and No-Show…you will be charged a $5 No-Show Fee. If you sign up and your plans change, please make sure you call the club to cancel before that Open-Play session starts, that you are signed up for. 

PRO-SHOP PURCHASES. 

All product sales are final. Elite Pickleball Club, LLC. provides sample & demo versions of every paddle available for sale and it is expected that every transaction is preceded by sufficient sampling before making a purchase. If a product is, to Elite Pickleball’s best assessment, in an unopened and unused condition then Elite Pickleball Club, LLC. may, at their sole discretion, offer a refund or replacement. For a product that has been used there are no refunds, but the manufacturer’s warranty would be applicable and Elite Pickleball Club, LLC. will provide proof of purchase to facilitate a warranty request from a manufacturer. 

The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, Elite Pickleball Club, LLC. 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 Elite Pickleball’s premises, facilities, equipment, services, activities, or products (“Use of Elite Pickleball Club, LLC. 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 Elite Pickleball Club, LLC. 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 Elite Pickleball Club, LLC. activities. 

Elite Pickleball Club is not responsible for any patron’s lost or left behind items. Patrons are solely responsible for their own property. All unclaimed items or found items turned into staff will be placed in the library’s lost and found box.

Lost and found items will be dated and stored in the lost and found box for a period of 2 weeks. After this 2-week period, Elite staff will decide the appropriate method of disposal for all unclaimed items including being discarded or donated to charity, as appropriate.

Items of obvious value — e.g., wallets, cell phones, jewelry, cash, credit cards — are held in a secure location. In certain situations, patrons will need to supply staff with valid identifying information in order claim their lost property.

You understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent in the use of Elite Pickleball’s premises, facilities, equipment, services, activities, and products. 

Use of Premises and Services. 

You understand that use of Elite Pickleball’s premises, facilities, equipment, services, activities, or products 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 Elite Pickleball Club, LLC. on or off its premises. 

Risks. 

You understand the dangers, hazards, and risks of injury or damage in the Use of Elite Pickleball Club, LLC. Premises and Services (“Risks”) may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls”; (2) equipment failure, malfunction, or misuse; (3) property or information theft, misuse, or damage, including from vehicles, equipment, files, or systems; and (4) other accidents or incidents that your result in injury or damage to you, Minor Member(s), or Guest(s). Injuries. You understand that such injuries or damages may include but are not limited to 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 (1) death; (2) 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; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage. You understand that Risks and Injuries in the Use of Elite Pickleball Club, LLC. Premises and Services (collectively, “Risks of Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF ELITE PICKLEBALL CLUB, LLC., you, Minor 

Member(s), Guest(s) and/or other persons. YOU FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY 

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 Elite Pickleball Club, LLC. from, covenant and agree not to sue Elite Pickleball Club, LLC. 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 Elite Pickleball Club, LLC. Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF ELITE PICKLEBALL CLUB, LLC., you, any Minor Member(s), or Guest(s), and/or any other person (“collectively, “Negligent Claims”). Negligence Claims. You understand that Negligence Claims include but are not limited to Elite Pickleball Club, LLC.'s (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Elite Pickleball Club, LLC. 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). Elite Pickleball Club, LLC.’s Fees and Costs. You expressly agree that, if you (on my own behalf or on behalf of another, including an estate) asset a Negligence Claim against Elite Pickleball Club, LLC. and/or breach my agreement not to sue Elite Pickleball Club, LLC.. You will pay all reasonable fees (including attorneys’ fees), costs, and expenses incurred by Elite Pickleball Club, LLC. (“Elite Pickleball Club, LLC.’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). 

On behalf of yourself and your spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representative, heirs, and assigns, you agree to defend, indemnify, and hold Elite Pickleball Club, LLC. harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Elite Pickleball Club, LLC. by any other person (including but not limited to any Other Member, any Guest, and other Elite Pickleball Club, LLC. member, or guest, any family member who is not a Elite Pickleball Club, LLC. member, or any other person or entity) arising out of, resulting from, or caused by the Use of Elite Pickleball Club, LLC. Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). Your agreement to defend Elite Pickleball Club, LLC. means that you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Elite Pickleball Club, LLC. to resolve the claim.