ACE PICKLEBALL CLUB MEMBERSHIP STANDARD TERMS AND CONDITIONS
In consideration of, and as an inducement and condition to, the operator of the Ace Pickleball Club for which you have requested a membership (such operator, collectively with its affiliates and designees, being referred to herein as “ACE PICKLEBALL”), allowing you to become an ACE PICKLEBALL member, and participate in certain programs, tournaments, leagues, events and activities conducted or organized by or through ACE PICKLEBALL, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Membership Standard Terms and Conditions (these “Terms”).
1. GENERAL. Your Membership Agreement with ACE PICKLEBALL consists of: (i) sections A through G of the Ace Pickleball Club Membership Agreement including but not limited to your member information, contact information, payment method, heath attestation, ACE PICKLEBALL Membership Plan that you have selected (the “Plan”), and authorized users of your Payment Method; (ii) these Terms; and (iii) the Participation Agreement and Waiver (defined below), which collectively are referred to in these Terms as this “Agreement.” This Agreement governs your ACE PICKLEBALL membership. Throughout these Terms, we will refer to you as “you” or “Member” and to us as “we” or “ACE PICKLEBALL.” These Terms are important and affect your legal rights, so please read them carefully. Note that Section 20 below contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
2. CLUB-SPECIFIC MEMBERSHIP. Membership, services, and benefits are specific to the ACE PICKLEBALL Club from which you purchased your ACE PICKLEBALL membership. ACE PICKLEBALL locations are referred to in these Terms as a “Club” and “Clubs.” Your membership is offered by and has been purchased from the operator of the specific ACE PICKLEBALL Club from which you purchased your ACE PICKLEBALL membership (each, an “Operator”). An Operator offers specific options for a monthly or annual membership. Please see membership options and information at a Club or at www.acepickleballclub.com for the specific Club. MEMBERSHIPS ARE ONLY VALID AT THE SPECIFIC ACE PICKLEBALL CLUB WHERE YOU PURCHASED THE MEMBERSHIP.
3. CERTAIN MEMBERSHIP TERMS. Membership Plans are either a month-to-month membership (the “Month-to-Month Plan”), or an annual membership (the “Annual Plan”). Memberships may be cancelled in accordance with Section 5 of these Terms. Memberships are non-transferable, and prices are subject to change.
4. START DATE; RENEWAL. The term of your ACE PICKLEBALL membership Plan begins on the date of the purchase of your membership Plan. Or if the Club for which you are purchasing a membership plan, is not yet open the date that that Club opens for business (the “Start Date”) and continues for a period of thirty (30) days for the Month-to-Month Plan or for a period of three hundred and sixty four (364) days for the Annual Plan. Thereafter your Plan membership will AUTOMATICALLY RENEW AND CONTINUE ON A MONTHLY BASIS for the Month-to-Month Plan, and ON AN ANNUAL BASIS for the Annual Plan, IN ACCORDANCE WITH THE AUTOMATIC RENEWAL TERMS SET FORTH IN SECTION 5 BELOW, UNTIL YOU EXPRESSLY CANCEL IT, OR UNTIL WE TERMINATE IT.
5. AUTOMATIC RENEWAL TERMS AND CANCELLATION. You agree that your Membership will have an initial term of either one-month for the Month-to-Month Plan and will then automatically renew for successive one-month terms; or a one-year term for the Annual Plan. Each Plan will automatically renew for successive terms equal in length to your Plan’s initial term until it is cancelled or terminated.
(i) Month-to-Month Plan Membership: you may cancel your Month-to-Month Plan membership within seventy-two (72) hours after the Start Date using the online cancellation/termination method described below, and you will receive a refund of pre-paid fees, minus $25.00. You agree that the initial term of your Plan will start on the Start Date. You agree that, on the date of each automatic renewal, the then-current membership price, plus any then-applicable taxes, fees, and charges, will be charged to your payment method on file. You understand that, if you do not want your Month-to-Month membership to renew, you must cancel/terminate it at least thirty (30) days before the next automatic renewal date. You understand that you may cancel or terminate your Month-to-Month Plan membership for any reason either by completing the cancellation form at acepickleballclub.com/MEMBERSHIPCANCEL and clicking “Cancel Membership” or emailing Ace Pickleball at memberships@acepickleballclub.com.
(ii) Annual Plan Membership: you may cancel your Annual Plan membership, within the first seventy-two (72) hours after the Start Date using the online cancellation/termination method described below you will receive a refund of pre-paid fees, minus $25.00. Your prepaid Annual Plan shall NOT be terminable after the first seventy-two (72) hours after the Start date of the Annual Plan. You understand that, if you do not want your membership to renew, you must cancel/terminate it at least thirty (30) days before the next automatic renewal date. You understand that you may cancel or terminate your membership for any reason either by completing the cancellation form at acepickleballclub.com/MEMBERSHIPCANCEL and clicking “Cancel Membership” or emailing Ace Pickleball at memberships@acepickleballclub.com.
(iii) Ace Pickleball reserves the right to cancel, suspend, or revoke a membership or deny Club admission to any Member at any time for any reason. Cancellation/Termination, suspension, or revocation of Club privileges under a membership Plan due to your violation of Ace Pickleball policies or rules, may, at Ace Pickleball’s sole discretion, result in you being barred from visiting any other Ace Pickleball Club without any refund or prepaid fees.
6. ADDITIONAL, AGREEMENTS AND COVENANTS. You represent, or acknowledge and agree (as the case may be), that:
a. you will maintain an active credit card, debit card, or ACH authorized for payments (“Payment Method”) under your membership Plan;
b. you have the authority to bind each individual and each individual’s membership Plan added to your Payment Method to this Agreement;
c. all individuals and membership Plans added and paid for under your Payment Method will be regarded as active members and membership Plans until you cancel each membership, in accordance with the cancelation terms described in Section 5 above. NOTE: you must identify each individual and their membership Plan when canceling a membership; ACE PICKLEBALL will NOT automatically cancel all membership Plans attached to your Payment Method;
d. you will promptly notify ACE PICKLEBALL of any change in your Payment Method information;
e. you are an authorized user of the Payment Method used to purchase this membership, and you will not dispute the scheduled transactions with your bank or credit card company so long as the amounts charged are in accordance with the terms and conditions of this Agreement;
f. you understand that ACE PICKLEBALL will not charge you a fee for authorizing recurring payments, but that your financial institution may charge you a fee for accepting and processing electronic debit transactions;
g. in the event the credit card provided is declined, you grant ACE PICKLEBALL the permission to re-submit the card for payment; and
h. you understand that you have the right to cancel this Agreement using the procedure described in Section 5 above within seventy-two (72) hours of the date of commencement of your membership Plan described above to receive a full refund of any pre-paid, but unused fees. Refunds will be processed within thirty (30) Operating Days of receipt of the cancellation notice by ACE PICKLEBALL. "Operating Day" means any day on which patrons may inspect and use the facilities and services of the Ace Pickleball Club that issued your membership Plan.
7. DURATION OF MEMBERSHIP: All memberships are either on a Month-to-Month Plan or an Annual Plan from the Start Date. As provided in Section 5 above, ACE PICKLEBALL will continue to charge you, until you cancel your membership in accordance with the cancellation procedure specified in Section 5 above, or unless ACE PICKLEBALL terminates this Agreement, at its sole option. Subject to the provisions contained herein, payments are nonrefundable and there are no refunds or credits for partially used periods.
8. ELIGIBILITY AND CONDITIONS: Each Member must sign a PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION (“Participation Agreement and Waiver”) on file with ACE PICKLEBALL. The Participation Agreement and Waiver must include a photograph of you for identification purposes. Participation Agreement and Waivers are valid one (1) year from signing, therefore, to maintain an active membership you must update your Participation Agreement and Waiver every year. Also, to maintain an active membership, you must update your photo in accordance with procedures specified by ACE PICKLEBALL from time to time. ACE PICKLEBALL reserves the right to request additional forms of identification verification. Memberships are not valid for private or special events including birthday parties, team parties, corporate events, groups, certain tournaments, or other special events or promotions that require a separate admission unless otherwise specified. Memberships are nonrefundable, nontransferable and remain the property of ACE PICKLEBALL. Restrictions apply including, but not limited to, capacity constraints and other closures. Memberships do not guarantee admission, especially during high attendance periods. Memberships may not be used for commercial purposes and are void if altered or misused. All questions or disputes regarding an individual’s eligibility, the earning/use/conversion of credits, or a Member’s compliance with this Agreement will be resolved by ACE PICKLEBALL in its sole discretion.
9. TERMINATION: ACE PICKLEBALL reserves the right to cancel, suspend or revoke any membership or deny Club admission to any Member at any time for any reason. Cancellation, suspension, or revocation of Club privileges under a membership Plan due to your violation of ACE PICKLEBALL policies or rules, may, at ACE PICKLEBALL’s sole discretion, result in you being barred from visiting any other ACE PICKLEBALL Club without any refund of prepaid fees.
10. UPGRADES: A Member wishing to upgrade his/her membership must choose a membership of equal or greater value than the original Club membership, and the difference in prices shall be due on the day of the upgrade. Each guest wishing to upgrade his/her ticket to a membership must be present at the time of the upgrade transaction and request the upgrade on the same day of purchase.
11. ADDRESS CHANGE: You must promptly report to ACE PICKLEBALL in writing a change in your address. Changes can be made only by updating your information at the Club or by phone.
12. PRIVACY: Please review ACE PICKLEBALL’s Privacy Policy, which may be found here: https://www.acepickleballclub.com/privacy for information about how we collect, use and disclose information about you as part of your membership Plan. By enrolling in a membership Plan, you acknowledge that you have read ACE PICKLEBALL’s Privacy Policy. As a Member you agree to the terms of the ACE PICKLEBALL Privacy Policy and the use of your personal information as set forth therein.
13. CERTAIN LIMITS AND RESTRICTIONS: Your Plan cannot be combined with any other offers, deals, discounts, or promotions. Use of the Club’s pickleball courts are subject to reservations, and walk-in use of the pickleball courts may be limited or restricted be the Club where you purchased your Plan. Membership does not guaranty use of a pickleball court, and Members may have to wait an indeterminant period to use a pickleball court. Unless otherwise expressly specified, membership does not include private events (including birthday or other parties, team or league events and parties, corporate events, group events) or events that require separate admission. Membership does not guarantee admission, especially during high attendance or other closure periods. Memberships are nonrefundable, nontransferable and remain the property of ACE PICKLEBALL. Additionally, memberships may not be used for commercial purposes.
14. CHANGES. ACE PICKLEBALL reserves the right in its sole discretion to modify or update this Agreement and/or change, alter, or discontinue the Plan, the list of participating Clubs, Club services, entertainment or attractions, operating hours, and any reward or special status Plans at any time and without notice to members beyond updating this Agreement. If we make changes, we will attempt to provide reasonable notice of such changes, such as by sending an email notification or posting an announcement on our website or the website of the Club that issued your membership Plan.
15. TAXES. A membership Plan, as well as any prize or gift provided to a Member, may be taxable, depending on the value of the item and the applicable federal, state, and local tax laws. Members are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations.
16. ASSUMPTION; INDEMNIFICATION AND RELEASE OF LIABILITY. By participating in the Plan, you assume the inherent risks associated with the use of pickleball courts, equipment or other attractions, services or facilities at the Club and you have and will read and obey all safety signage, instructions, and rules. In addition, you hereby release ACE PICKLEBALL, its parents, subsidiaries, affiliates, divisions, related companies, third-party prize/reward providers and suppliers, and agents, and its and their respective officers, directors, owners, and employees, (each a “Releasee”) from any and all losses, harm, damages, cost, or expense, whether known or unknown, including without limitation property damages, personal injury, and/or death, arising from use of the Club facilities or equipment or connected with or to the Plan including, without limitation, (a) the collection, redemption, revocation, or deletion of credits, (b) the issuance of reward vouchers and use of Plan, (c) the suspension, termination, or modification of your membership or account, and (d) the suspension, modification, or termination of the Plan or any reward or special status Plans therein. In addition, you agree to defend, indemnify, and hold harmless the Releases from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of this Agreement. Furthermore, you agree to reimburse ACE PICKLEBALL for any Plan benefits, fraudulently obtained by you.
17. YOU ACCEPT THE SERVICES “AS IS.” Membership, Plan, and all prizes, merchandise, sweepstakes, contests, products, or services provided through the Plan are provided and must be accepted on an “as is” and “as available” basis without warranties of any kind. ACE PICKLEBALL, ACE PICKLEBALL PARTNERS OR ADMINISTRATORS, AND EACH OF THEIR RESPECTIVE AGENTS OR REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL LIABILITY AS TO THE CONDITION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF PRODUCTS AND/OR SERVICES PROVIDED BY OR THROUGH THE PLAN INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
18. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLAN OR YOUR PARTICIPATION THEREIN, INCLUDING, WITHOUT LIMITATION, ANY PLAN PRIZES, MERCHANDISE, OR SERVICES MADE AVAILABLE AS PART OF THE PLAN. IN ANY EVENT, ANY LIABILITY OF ACE PICKLEBALL ARISING IN CONNECTION WITH THE PLAN WILL BE LIMITED TO THE GREATER OF (A) THE MEMBERSHIP FEES PAID TO ACE PICKLEBALL (EXCLUDING TAXES) IN THE PREVIOUS THREE (3) MONTHS, AND (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF THE RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, RELEASEES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
19. STATUTE OF LIMITATIONS. By participating in the Plan, you waive all rights to bring any claim or action related to your participation in the Plan in any forum beyond one year after the first occurrence of the act, event, condition, or omission upon which the claim or action is based.
20. BINDING ARBITRATION; CLASS ACTION WAIVER. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND ACE PICKLEBALL AGREE (A) TO WAIVE YOUR AND ACE PICKLEBALL’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE PLAN, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND ACE PICKLEBALL’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, YOU AND ACE PICKLEBALL AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT).
YOU AND ACE PICKLEBALL AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PLAN IS PERSONAL TO YOU AND ACE PICKLEBALL AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. You and ACE PICKLEBALL agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and ACE PICKLEBALL agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and ACE PICKLEBALL agree that this Agreement affects interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
You and ACE PICKLEBALL agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to ACE PICKLEBALL shall be sent by a nationally recognized overnight courier to Ace Pickleball Club, 1425 Market Blvd, Suite 200, Roswell, GA 30076, Attn: Membership Management. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your membership Plan and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address associated with your membership Plan and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and ACE PICKLEBALL cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or ACE PICKLEBALL may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding or, to the extent specifically provided for in this Section 20, file a claim in court.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND ACE PICKLEBALL AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR ACE PICKLEBALL WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND ACE PICKLEBALL WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and ACE PICKLEBALL agree that (a) any arbitration will occur (i) in the State of Utah, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be Utah and that state or federal courts of the State of Utah and the United States of America, respectively, sitting in the State of Utah, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.
The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and ACE PICKLEBALL will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information, and testimony that is relevant and material to the Dispute.
As limited by the FAA, this Agreement and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator will not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
If any term, clause, or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in this Section 20 are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law. This Section 20 shall survive the expiration, termination, or cancellation of this Agreement.
21. GOVERNING LAW. This Agreement is governed by the laws of the State of the ACE PICKLEBALL Club from which you purchased your membership Plan is located, without regard to the conflicts of laws rules of any jurisdiction. Any dispute, claim or cause of action arising out of or concerning the interpretation or effect of this Agreement and/or your participation in the Plan, except where prohibited, shall be resolved individually, without resort to any form of class action. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
22. SEVERABILITY. If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
23. NO WAIVER. Any waiver by ACE PICKLEBALL of a breach by you of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach by you of any other provision of this Agreement. Failure by ACE PICKLEBALL to insist upon strict adherence to any provision of this Agreement on one or more occasions shall not be considered a waiver or deprive ACE PICKLEBALL of the right to insist upon strict adherence to that provision or any other provision of this Agreement.