READ THESE DISCLOSURES & DISCLAIMERS CAREFULLY
By clicking "Submit" below, you, the Account Member, 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 mopickleballclub.com/policies, which includes your express permission to contact you by telephone and send you prerecorded messages and text messages using automated technology to the telephone number provided.
At Missouri Pickleball Club, LLC, ("Missouri Pickleball Club," "our," or "we"), we have adopted policies, procedures, rules, and regulations, including those located at the policy section 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 Missouri Pickleball Club's premises, including its centers, courts, and all outdoor areas, including its parking lots, and sidewalks ("premises"). These policies also apply to your conduct during our events or other Missouri Pickleball Club’s sponsored activities ("events").
As a member or guest of Missouri 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, 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, at our sole discretion. You may find the most recent version of these policies at mopickleballclub.com/policies. As a member or guest of Missouri Pickleball Club, you are responsible and expected to review and comply with these policies at all times.
MEMBERSHIP AGREEMENT. By creating an account at Missouri Pickleball Club, you agree to: (1) Provide and keep updated current contact information (phone number and email address, (2) Keep an active credit card number saved to your payment profile, (3) Authorize Missouri Pickleball Club to charge your credit card for the outstanding balance on your account on the 1st day of every month. In addition, if you become a General Member at Missouri Pickleball Club, you: (3) Agree to pay a monthly fee of $25.00 for membership and any additional fees charged for any goods and services, (4) Authorize Missouri Pickleball Club to charge your credit card for the upcoming month membership fee of $25.00 on the 1st day of the month, (4) Authorize Missouri Pickleball Club to charge an activation fee* of $50.00 to your credit card on the day your membership begins.
* Effective January 1, 2024, all new & returning players are subject to a $50.00 Activation Fee upon General Member account activation.
MEMBERSHIP CANCELLATION. General membership at Missouri Pickleball Club is a month-to-month contract. If you wish to cancel your membership, you must provide a written request of cancellation submitted to Billing@MoPickleballClub.com. Unless specified for a specific, future end date, membership will be cancelled effective the day of the request. No refunds or credits will be provided for prior months, or prorated amount in the current month.
CANCELLATION & REFUNDS OF COURT RESERVATION FEES. You may cancel a court reservation by going to courtreserve.com or accessing the CourtReserve app. We will give court credit of all amounts paid if we receive your cancellation notice more than 24 hours from your scheduled reservation date and time. We will not provide any amount of court credit for a reservation that you fail to attend or fail to reschedule or postpone less than 24 hours in advance.
SPORTSMANSHIP & BEHAVIOR. We require all participants and observers to follow the guidelines provided by the USA Pickleball Association. Those guidelines may be found here: https://usapickleball.org/what-is-pickleball/sportsmanship-guide/
If behavior is deemed to be offensive, aggressive or in some way not within our standards, Missouri Pickleball Club reserves the right to take any necessary actions to protect others, the staff and the facility. There consequences of behavior issues will be determined by management; they may vary from verbal warnings to membership termination and/or denial of future access to the club.
PHOTO RELEASE AUTHORIZATION.
I grant Missouri Pickleball Club my permission to use all photographs, recordings and videos obtained during any Missouri Pickleball Club events and programs, including any photographs, recordings and videos obtained by Missouri Pickleball Club during any prior event or program, for any legal use, including but not limited to: publicity, social media, copyright purposes, illustration, advertising, and web content.
Furthermore, I understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
FOR PARENTS OF MINORS:
I, the parent or legal guardian of minor(s), grant Missouri Pickleball Club my permission to use all photographs, recordings and videos obtained during any Missouri Pickleball Club events and programs, including any photographs, recordings and videos obtained by Missouri Pickleball Club during any prior event or program, for any legal use, including but not limited to: publicity, social media, copyright purposes, illustration, advertising, and web content.
Furthermore, I understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
HEALTH & SAFETY. The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, Missouri 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 Missouri Pickleball Club's premises, facilities, equipment, services, activities, or products ("Use of Missouri 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 Missouri 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 Missouri Pickleball Club activities.
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 Missouri Pickleball Club's premises, facilities, equipment, services, activities, and products.
Risks. You understand that the dangers, hazards, and risks of injury or damage in the Use of Missouri Pickleball Club 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).
Use of Premises and Services. You understand that the use of Missouri Pickleball Club's premises, facilities, equipment, services, activities, or products can include but is not limited to (1) pickleball courts, 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 Missouri Pickleball Club on or off its premises.
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 visitor (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, or care; (6) lost wages or lost earning capacity; (7) lost, stolen, misused or damaged property or information; and (8) any other disability, impairment, incapacity, injury or damage.
You understand that Risks and Injuries in the Use of Missouri Pickleball Club Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the NEGLIGENCE OF MISSOURI 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 Missouri Pickleball Club from, covenant and agree not to sue Missouri 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 Missouri Pickleball Club and Services which arise out of, result from, or are caused by any NEGLIGENCE OF MISSOURI PICKLEBALL CLUB, 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 Missouri Pickleball Club's (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Missouri 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).
Missouri Pickleball Club'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 Missouri Pickleball Club and/or breach my agreement not to sue. You will pay all reasonable fees (including attorneys' fees), costs, and expenses incurred by Missouri Pickleball Club ("Missouri 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), Other Member(s), Guest(s), parents, guardians, you agree to defend, indemnify, and hold Missouri Pickleball Club harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Missouri Pickleball Club by any other person (including but not limited to any Other Member, any Guest, and other Missouri Pickleball Club member, or guest, any family member who is not a Missouri Pickleball Club member, or any other person or entity) arising out of, resulting from, or caused by the Use of Missouri Pickleball Club Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). Your agreement to defend Missouri Pickleball Club means that you will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Missouri Pickleball Club to resolve the claim.
At Missouri Pickleball Club, we respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit this website (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
- On this Website.
- In e-mail, text and other electronic messages between you and this Website.
- Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
- any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via our contact us link.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website, including information:
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“personal information”);
- that is about you but individually does not identify you, and/or
- about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
- From third parties, for example, our business partners.
INFORMATION YOU PROVIDE TO US.
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including e-mail addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To provide you with information about our services
- To provide you with notices about your account/subscription, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- To fulfill any purpose for which you provide it.
- For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
- To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the “e-mail a friend” feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
ACCESSING AND CORRECTING YOUR INFORMATION
You may send us an e-mail via our contact link to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the Contact Us link.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Thank You for Visiting the Website.