DALLAS INDOOR PICKLEBALL CLUB

● Food and drinks (except water), including alcohol and snacks are prohibited on the court at anytime during your reservation. A $100 cleaning fee will automatically be charged to your reservation for any violators.

ARE THE COURTS CONCRETE?

The courts are CushionX. A specially designed 4mm cushioned mat that provides unparalleled competition performance while ensuring optimal comfort for players.

HOW MUCH DOES PLAYING COST, AND WHAT ARE THE PEAK AND OFF PEAK TIMES?

● Peak Times - $60 per hour

5:00 pm to Closing, Monday through Friday

All-day, Saturday and Sunday

● Off Peak Times - $55 per hour

Opening to 5 pm, Monday through Friday

CAN I CANCEL MY RESERVATION?

All cancelations must be done prior to 24-hours before your reservation. If you cancel within the 24-hour window of your reservation, your court fees are non-refundable.

HOW MANY PEOPLE CAN I BOOK ON MY RESERVATION?

● Bookings for one court can be made for a maximum of 4 guests. It is strongly recommended to reserve a second court for any additional players.

● Dallas Indoor Pickleball Club will permit up to 2 additional guest per court reservation.

● Any additional guest will be charged $75 per person due to safety and limited space on the courts.

DO I NEED TO HAVE MY OWN PADDLES AND BALLS?

Yes! but we're working on making them available in the future!

DO I NEED TO SIGN A WAIVER TO PLAY?

Yes. When you book a court via our online platform, you’ll also make an account with us to track your bookings and peruse other events and offerings at Dallas Indoor Pickleball Club. Additionally, you’ll be able to complete your waiver before you come to play, so there will be no holdup in getting your feet on the courts.

WHAT IS THE DURATION OF A COURT RESERVATION?

Court reservations must be a minimum of one hour. Unfortunately, 30-minute increments are unavailable for booking.

HOW MUCH DOES IT COST TO PLAY?

Courts can be reserved for $60/hr and $55/hr off peak.

WHAT DO I WEAR TO PLAY PICKLEBALL?

We ask you to wear court shoes and workout gear. Sandals and Flip-Flops are prohibited on the Courts to prevent injury.

Membership Agreement:

This Membership Agreement (“Contract” or “Agreement”) is a legally binding contract

between you (“You,” or “Member”), as a member, and Dallas Indoor Pickleball Club.

(“Dallas Indoor Pickleball,” “Club,” “we,” or “us”). By signing this Agreement, you are

agreeing to be bound to the terms of this Agreement. As a legally binding document,

you may want to consult with legal counsel of your choosing and at your cost to provide

advice to You regarding its terms. By signing this document, you are representing that

you have the capacity to do so, including being at least 18 years of age. The terms of

this Agreement are in addition to: the Terms of Service relating to use of the Dallas

Indoor Pickleball Club website or application, which terms can be found

at: https://vipindoorpickleball.com/ and the Privacy Policy, which can be found at:

https://vipindoorpickleball.com/ . This Agreement, among other things, governs your

access to and use of Dallas Indoor Pickleball Club facilities, Dallas Indoor Pickleball

Club Coaches, and events at a Dallas Indoor Pickleball Club facility. Dallas Indoor

Pickleball Club reserves the right to change or modify these Terms at any time and

without prior notice to you. Any changes or modifications to this Agreement will be

effective upon the changes being posted to the website

at https://vipindoorpickleball.com/ . By executing this Agreement, you are agreeing to

review the website for updates to this Agreement.

I. Use of Dallas Indoor Pickleball Club Facilities and Services.

1. General Use. You agree and understand that you will only Dallas Indoor

Pickleball Club facilities and services: 1) in a manner that complies with the

applicable laws of the location where you are using them; 2) for personal non-

commercial uses; and in compliance with the rules and regulations of the Dallas

Indoor Pickleball Club facilities you are using; and 4) in compliance with this

Agreement.

2. Guests. You agree and understand that any Guests[1] you invite and/or allow to

use Dallas Indoor Pickleball Club facilities and services must also comply with

the requirements in the preceding paragraph and that ultimately it is your

responsibility to ensure that they do. You are responsible for any Guests you

invite to use Dallas Indoor Pickleball Club facilities, including their conduct and

compliance with the requirements above. You are responsible for ensuring that

your Guests sign the waiver of liability form on the Dallas Indoor Pickleball Club

website, available at: https://vipindoorpickleball.com/ . You agree to be

responsible for any damage or violation that occurs as a result of the behavior of

You or your Guests. It is your responsibility to inform your Guests of our policies

and ensure that they abide by them. You agree you will not allow your Guests to

use Dallas Indoor Pickleball Club facilities without your physical attendance at all

times.

3. Prohibited Activities. You agree that neither you nor any of your Guests shall:

1. Use the Services for any inappropriate purposes, including but not limited

to drug use, alcohol abuse, gambling, prostitution, pornography, sexual

activity, violent, dangerous, or threatening behavior, or any other purpose

unrelated to engaging in the sport of pickleball or which is reasonably

likely to reflect negatively on Dallas Indoor Pickleball Club.

2. Smoke or vape in the Dallas Indoor Pickleball Club Facilities or allow any

candles, incense sticks, or naked flames in them.

3. Make excessive noise in the Dallas Indoor Pickleball Club facilities, nor

create any noise, music or loud sounds, nor conduct any other activity

which would in Dallas Indoor Pickleball Club’s judgment disturb other

Dallas Indoor Pickleball Club clients, guests, or other tenants in any

building containing Dallas Indoor Pickleball Club facilities.

4. Damage, alter, install, remove, or modify any fixtures, equipment,

machinery, or appliances in any Dallas Indoor Pickleball Club facilities.

5. Allow persons under the age of 18 to use Dallas Indoor Pickleball Club

facilities without being accompanied by at least one adult supervisor over

the age of 18, and at least one adult supervisor for every four minors.

6. Charge any fee to any person in connection with the use of a Dallas

Indoor Pickleball Club facility, whether for private lessons or otherwise,

without Dallas Indoor Pickleball Club’s express written consent.

7. Treat other users of Dallas Indoor Pickleball Club facilities in a

discourteous, disrespectful or inappropriate manner.

8. Fail to wear appropriate clothing, including failing to wear: a shirt; pants,

shorts, dress, or skirt; or athletic footwear.

9. Wear clothing bearing obscene content or images.

4. Responsibility for Personal Property. Dallas Indoor Pickleball Club is not

responsible for any property of you or your Guests.

5. Reporting Misconduct: If you believe that any person associated with Dallas

Indoor Pickleball Club or any person in Dallas Indoor Pickleball Club’s facilities,

have interacted with you or others, whether online or in person, inappropriately,

including but not limited to, anyone who (i) engages in offensive, violent or

sexually inappropriate behavior; (ii) you suspect of stealing from you, or (iii)

engages in any other disturbing conduct, you should immediately report such

person to the appropriate authorities and then to Dallas Indoor Pickleball Club.

Note, however, that your reporting the activity to us does not obligate Dallas

Indoor Pickleball Club to take any action beyond that required by law, if any, or

cause us to incur any liability.

II. Registration with VIPIndoorPickleball.COM.

In order to access any Dallas Indoor Pickleball Club facility or use any of Dallas Indoor

Pickleball Club services, you need to create an account through Dallas Indoor Pickleball

Club’s website or its application (“Account”). You agree you will not authorize any other

person to use your Account or transfer your Account to them. You are responsible for all

activity that occurs on or through your Account.

To create an Account, you will be asked to provide us with certain of your personal

information, including your name. In order to access any of the Services you will be

asked to provide additional information such as your email address, mobile telephone

number and credit card information. We use a third-party payment processor, Stripe (the

“Payment Processor”) to process payments or credits in connection with your use of the

Services. Your payment for any Services will also be subject to the terms, conditions

and privacy policies of the Payment Processor and your credit card issuer. Dallas Indoor

Pickleball Club is not responsible for any errors, omissions or damages caused or made

by the Payment Processor. Further details about the personal information we collect

and how we use it are set out in our Privacy Policy. More information about the Payment

Processor may be found at https://stripe.com.

You agree to maintain complete, accurate, and up-to-date information in your Account.

Your failure to maintain complete, accurate, and up-to-date Account information,

including having an invalid or expired credit card on file, may result in your inability to

access and use Dallas Indoor Pickleball Club’s facilities and/or services.

Dallas Indoor Pickleball Club can suspend or terminate your Account and/or to refuse

any and all current or future use of its facilities or service for any reason, if you or your

Guests violate this Agreement in any respect, or provide information that is untrue,

inaccurate, not current or incomplete.

III. Consent to and Acknowledgement of Video Surveillance and Video Recordings

1. Video Surveillance: For the safety and security of Dallas Indoor Pickleball Club

members, staff, and guests, our facilities are monitored by video surveillance.

You agree, both in this Agreement, and by using Dallas Indoor Pickleball Club

facilities that you consent to being recorded by these systems.

2. Dallas Indoor Pickleball Club facilities make use of video replay technology,

which allows recording of your activities at a Dallas Indoor Pickleball Club facility

(for example, you may order a video replay of a specific shot).You consent to the

use of our video replay technology and acknowledge that you, your Guests, and

others may be recorded on video. You also consent to the display of your name,

image, and likeness in any such recordings. We may use the recorded data for

any lawful purpose, including but not limited to, research, development, analysis,

marketing, and social media. We may also share the recorded data with third-

party service providers who assist us in improving our service. We may retain the

recorded data for as long as reasonably necessary to achieve the purposes for

which it was collected, or as required by law. We may delete or anonymize the

recorded data when it is no longer needed.

IV. Limited License to Use Dallas Indoor Pickleball Club Facilities.

You acknowledge that your use of the Dallas Indoor Pickleball Club’s facilities does not

constitute a lease, but is rather a limited, revocable, non-exclusive, non-transferable

contractual license to use, subject to the terms in this Agreement. In its sole discretion

and without limiting any other rights hereunder, Dallas Indoor Pickleball Club may

restrict, suspend, or terminate your access to Dallas Indoor Pickleball Club facilities in

the event of fraud, trespassing, or violation of these Terms, or for any other lawful

reason in the sole discretion of Dallas Indoor Pickleball Club.

V. Damages, Repair or Cleaning Fees

You are responsible for leaving Dallas Indoor Pickleball Club facilities in the condition it

was in when you arrived. You are responsible for the cost of repair for damage to, or

necessary cleaning of, Dallas Indoor Pickleball Club facilities resulting from your or your

Guests’ violation of the terms of this Agreement in excess of normal “wear and tear.” If

Dallas Indoor Pickleball Club, in its reasonable discretion, determines that excessive

repair or cleaning is required, Dallas Indoor Pickleball Club reserves the right to charge

the payment method designated in your Account for the reasonable cost of such repair

and/or cleaning, as well as an additional service fee which shall not exceed $500 US

Dollars per occurrence, and you agree to be responsible for payment of same. Any such

amounts are non-refundable.

VI. Payment Terms; Authorization Hold

Any fees which Dallas Indoor Pickleball Club may charge you for the use of the

Services will be as set out on the Dallas Indoor Pickleball Club website or in its

application at the time of purchase, are inclusive of any taxes payable, and are non-

refundable except as specifically noted with respect to your reservation or payment.

Dallas Indoor Pickleball Club may change the fees at its sole discretion.

When you make a reservation on our website, we may place an authorization hold on

your credit or debit card to ensure that funds are available for payment. The hold

amount will be equal to the total reservation amount, including any applicable taxes and

fees. Please note that the authorization hold is not a charge, and the funds will not be

debited from your account at the time of reservation. The hold is simply a temporary

hold on your funds to ensure that they are available for payment when your reservation

is confirmed. The length of time that the authorization hold remains on your account

may vary depending on your financial institution. Typically, holds are released within a

few days of the reservation, but some financial institutions may take longer. Payment for

your reservation will be processed once the reservation is confirmed. If the reservation

is not confirmed, the authorization hold will be released and the funds will be returned to

your account. If you cancel your reservation within the allowed time period, the

authorization hold will be released and the funds will be returned to your account.

You agree that you shall be charged fees based on the length of time of your booking of

the Dallas Indoor Pickleball Club facilities. If you exceed the amount of time for which

you booked a Dallas Indoor Pickleball Club facility, then you shall be charged for such

excess time. You do hereby consent to such excess time charges and to such overage

charge.

If a credit card charge is declined, we will notify you to provide a valid replacement.

Failure to provide a replacement within 48 hours may result in the suspension of your

Account. If a payment is declined, refunded, cancelled, or charged back by your credit

card issuing bank, or another person, you are not entitled to the return of any

associated service fees (such as payment processing fees), irrespective of the reason

for such decline, refund, cancellation, or charge back. Dallas Indoor Pickleball Club

reserves the right, at its sole discretion, to review and refuse a payment or the

processing of a payment if it suspects any fraudulent activity or for any reason

whatsoever.

VII. License, Restrictions and Intellectual Property Rights

You will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative

works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit,

stream, broadcast, or otherwise exploit the Dallas Indoor Pickleball Club website or

application or any component thereof or any content therein, except as expressly

permitted in this Agreement. No licenses or rights are granted to you by implication or

otherwise with respect to any intellectual property rights owned or controlled by Dallas

Indoor Pickleball Club or its licensors, except for the licenses and rights expressly

granted in this Agreement or expressly agreed in writing by Dallas Indoor Pickleball

Club.

All intellectual property rights in and to the Dallas Indoor Pickleball Club website and/or

application and any component thereof, and the Dallas Indoor Pickleball Club Facilities,

including, including but not limited to patents, copyrights, trademarks, industrial designs,

trade secrets, and service marks, are the exclusive property of Dallas Indoor Pickleball

Club or are licensed to Dallas Indoor Pickleball Club. You agree to abide by all

applicable patent, trademark, copyright, and other laws, as well as any additional

patent, trademark and copyright notices or restrictions contained on the Dallas Indoor

Pickleball Club website or application and any component thereof. Any use of materials

on the Dallas Indoor Pickleball Club website or application other than as permitted by

this Agreement, including reproduction, modification, distribution, or republication,

without prior written permission of Dallas Indoor Pickleball Club is absolutely prohibited.

“Dallas Indoor Pickleball Club”, the Dallas Indoor Pickleball Club logo and other trade

and/or service marks are the exclusive property of Dallas Indoor Pickleball Club and

may not be used for any of the aforementioned purposes. Infringement of the rights in

and to the Dallas Indoor Pickleball Club website or application will, in addition to any

other right or remedy available to Dallas Indoor Pickleball Club, in and of itself, result in

the termination of all your rights under this Agreement.

VIII. SMS Messaging

You consent to Dallas Indoor Pickleball Club sending you SMS messages in relation to

your bookings and use of Dallas Indoor Pickleball Club facilities and for promotional

purposes. Message and data rates may apply. Dallas Indoor Pickleball Club reserves

the right to stop sending SMS messages at any time; you may opt-out at any time by

replying from your mobile phone to any text from Dallas Indoor Pickleball Club with the

word STOP, which opt-out will become effective within seven (7) days. It is important to

note that opting out of SMS messaging may prevent you from receiving information

necessary to properly use the facilities or services of Dallas Indoor Pickleball Club, such

as room access codes and other important information.

IX. Third-Party Services

During use of Dallas Indoor Pickleball Club’s website, application, facilities, or services,

you may enter into correspondence with, purchase goods and/or services from, or

participate in promotions of third-party service providers, advertisers, or sponsors

showing their goods and/or services through and with the approval of Dallas Indoor

Pickleball Club. Any such activity, and any terms, conditions, warranties, or

representations associated with such activity, is solely between you and the applicable

third party. Dallas Indoor Pickleball Club and its licensors shall have no liability,

obligation, or responsibility for any such correspondence, purchase, transaction,

services, or promotion between you and any such third party. In no event shall Dallas

Indoor Pickleball Club or its licensors be responsible for any content, products, services,

or other materials on or available from such third-party providers. You recognize,

however, that certain third-party providers of goods and/or services may require your

agreement to additional or different terms and conditions prior to your use of or access

to such goods or services, and Dallas Indoor Pickleball Club disclaims any and all

responsibility or liability arising from such agreements between you and the third-party

providers.

Dallas Indoor Pickleball Club may rely on third-party advertising and marketing supplied

through the Dallas Indoor Pickleball Club website, application or at its facilities. By

agreeing to these terms and conditions you agree to receive such advertising and

marketing. If you do not want to receive such advertising, you must notify us in writing.

You agree that it is your responsibility to take reasonable precautions in all actions and

interactions with any third party you interact with in relation to the Dallas Indoor

Pickleball Club website, application, or facilities.

X. Indemnity

You agree to release, defend, indemnify, and hold harmless Dallas Indoor Pickleball

Club and its respective officers, directors, agents, subsidiaries, joint ventures,

employees, landlords, tenants and third-party service providers, from all claims,

demands, losses, liabilities, costs, expenses, obligations and damages of every kind

and nature, known and unknown, including reasonable legal fees, arising out of your our

your Guests’: (1) improper use of or access to the Service; (2) violation of any provision

contained in this Agreement; (3) violation of any law or the rights of any other third party

(including, without limitation, any copyright, intellectual property or privacy right); or (4)

any claim that you or your Guests caused damage to any of the Dallas Indoor Pickleball

Club facilities. This indemnification obligation will survive the termination of this

Agreement.

XI. Disclaimers

WE PROVIDE OUR SERVICE AND ANY CONTENT, MATERIALS, INFORMATION,

SOFTWARE AND PRODUCTS INCLUDED THEREIN FOR USE ON AN “AS IS”,

“WHERE IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DALLAS INDOOR PICKLEBALL

CLUB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER

EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING WITHOUT

LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE,

COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE

SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY

YOU THROUGH DALLAS INDOOR PICKLEBALL CLUB WILL MEET YOUR

REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT

THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY

THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE LOCKING

MECHANISM, IF ANY, USED FOR THE DALLAS INDOOR PICKLEBALL CLUB

FACILITIES IS PROVIDED BY A THIRD PARTY, AND THAT DALLAS INDOOR

PICKLEBALL CLUB SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO

ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER,

INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY;

(B) DALLAS INDOOR PICKLEBALL CLUB FACILITIES ARE LOCATED IN BUILDINGS

WHICH ARE NOT OWNED OR MANAGED BY DALLAS INDOOR PICKLEBALL CLUB

AND DALLAS INDOOR PICKLEBALL CLUB MAKES NO REPRESENTATIONS OR

WARRANTIES RELATING THERETO. ADDITIONALLY, DALLAS INDOOR

PICKLEBALL CLUB MAKES NO REPRESENTATION OR WARRANTY WITH

RESPECT TO THE SUITABILITY OF ANY DALLAS INDOOR PICKLEBALL CLUB

SPACE FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE

CARRIED ON IN THE DALLAS INDOOR PICKLEBALL CLUB SPACES AND SHALL

NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.

WE DO NOT WARRANT THAT THE DALLAS INDOOR PICKLEBALL CLUB WEBSITE,

APPLICATION OR FACILITIES WILL OPERATE IN AN UNINTERRUPTED OR

ERROR-FREE MANNER, OR THAT ANY OF THEM WILL ALWAYS BE AVAILABLE OR

FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED

FROM UNAUTHORIZED ACCESS, IMMUNE FROM DAMAGES, FREE OF

MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO

HARDWARE FAILURES, ORIGINATING EITHER FROM DALLAS INDOOR

PICKLEBALL CLUB OR ITS PROVIDERS.

NEITHER YOU NOR US SHALL HAVE ANY LIABILITY TO THE OTHER ARISING

FROM CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL, INCLUDING,

WITHOUT LIMITATION, ACTS OF GOD OR NATURE, POWER, COMMUNICATIONS,

SATELLITE OR NETWORK FAILURES, UNAUTHORIZED ACCESS OR THEFT, ACTS

OF WAR OR TERROR; OR LABOR DISPUTES OR STRIKES.

XII. Limitation of Liability

DALLAS INDOOR PICKLEBALL CLUB AND ITS OFFICERS, DIRECTORS,

MEMBERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS,

AGENTS AND LANDLORDS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING

LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS,

ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO

USE THE SERVICES OR FROM ANY FAULT, OR ERROR MADE BY OUR

EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE

ON THE CONTENT OF THE SERVICES OR FROM ANY DENIAL OR

CANCELLATION OF YOUR ACCOUNT.

IN NO EVENT SHALL DALLAS INDOOR PICKLEBALL CLUB’S AGGREGATE

LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES

EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO DALLAS INDOOR

PICKLEBALL CLUB IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING

THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY US

DOLLARS, WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT IF

YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA

THROUGH OR FOR THE USE OF THE DALLAS INDOOR PICKLEBALL CLUB

WEBSITE OR APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER

SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH

MATERIAL OR DATA AND/OR USE OF DALLAS INDOOR PICKLEBALL CLUB’S

WEBSITE OR APPLICATION. IN ADDITION, DALLAS INDOOR PICKLEBALL CLUB

DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE

VIA ITS WEBSITE OR APPLICATION OR THE EITHER IS ACCURATE, COMPLETE,

OR UP TO DATE. TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN

THIS AGREEMENT SHALL LIMIT DALLAS INDOOR PICKLEBALL CLUB ‘S LIABILITY

FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.

Your use of the Services may be subject to various local, state, national, or international

laws, and you may have rights which vary from jurisdiction to jurisdiction. Because

some jurisdictions may not allow limitations on warranties and/or the exclusion or

limitation of damages, the limitations and/or exclusions found herein may not apply to

you. Any provision found herein shall not be enforceable solely to the extent that it is

prohibited by an applicable law.

XIII. Notices

Dallas Indoor Pickleball Club may send you notices by means of email to your email

address on record in Dallas Indoor Pickleball Club’s account information, or by written

communication sent by first class mail or pre-paid post to your address on record in

your Account. You may give notice, and address any complaint or claim to Dallas Indoor

Pickleball Club (such notice, complaint or claim shall be deemed given when received

by Dallas Indoor Pickleball Club) at any time by means of email

to info@dallasindoorpickleball.com.

XIV. Applicable Law; Jurisdiction and Disputes

These Terms are governed by and construed in accordance with the laws of the State of

Texas and the laws of the United States applicable therein, without regard to the

conflicts of laws provisions thereof. The parties submit to the jurisdiction of the courts of

Travis County, Texas and agree that such courts shall have exclusive jurisdiction over

any dispute arising hereunder or relating to Dallas Indoor Pickleball Club.

In the event of any dispute or claim arising under this Agreement or related in any way

to Dallas Indoor Pickleball Club, you agree to have such dispute determined by

arbitration before a single arbitrator appointed by the American Arbitration Association.

The location of any such arbitration proceeding shall be Austin, Texas. NEITHER YOU

NOR US WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A

JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY

EXCEPT AS PROVIDED FOR IN THE RULES OR PROCEDURES OF THE

AMERICAN ARBITRATION ASSOCIATION. FURTHER, YOU WILL NOT HAVE THE

RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF

ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. OTHER RIGHTS THAT

YOU WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT AND

WITHOUT WAIVING EITHER PARTY’S RIGHT TO APPEAL SUCH DECISION,

SHOULD ANY PORTION OF THIS SECTION XIV BE DEEMED INVALID OR

UNENFORCEABLE, THEN THIS ENTIRE ARBITRATION SECTION XIV (OTHER

THAN THIS SENTENCE) SHALL NOT APPLY.

XV. Termination

You agree that Dallas Indoor Pickleball Club, in its sole discretion and for any or no

reason, may terminate your Account and remove and discard all or any part of your

Account. Dallas Indoor Pickleball Club may also in its sole discretion and at any time

discontinue providing access to its facilities or services or any part thereof, with or

without notice. You agree that any termination of your Account may be effected without

prior notice, and you agree that Dallas Indoor Pickleball Club shall not be liable to you

for such action. These remedies are in addition to any other remedies Dallas Indoor

Pickleball Club may have at law or in equity.

You may terminate your Account at any time by deleting the Application from your

device, ceasing all use of Dallas Indoor Pickleball Club’s facilities and services, and

requesting Dallas Indoor Pickleball Club to cancel your Account via email sent

to info@dallasindoorpickleball.com.

XVI. General

No joint venture, partnership, employment, or agency relationship exists between you

and Dallas Indoor Pickleball Club as a result of these Terms or use of the Services.

These Terms may not be assigned by you (whether in whole or in part) without the prior

written approval of Dallas Indoor Pickleball Club. These Terms may be assigned without

your consent (in whole or in part) by Dallas Indoor Pickleball Club, including to (i) a

parent or subsidiary, (ii) an acquirer of substantially all of our assets, or (iii) a successor

by merger. Any purported assignment in violation of this section shall be void. If any

provision of this Agreement is held to be invalid or unenforceable, such provision shall

be struck and the remaining provisions shall be enforced to the fullest extent under law.

The failure of Dallas Indoor Pickleball Club to enforce any right or provision in these

Terms shall not constitute a waiver of such right or provision unless acknowledged and

agreed to by Dallas Indoor Pickleball Club in writing. These Terms comprise the entire

agreement between you and Dallas Indoor Pickleball Club and supersede all prior or

contemporaneous negotiations, discussions or agreements, whether written or oral,

between the parties regarding the subject matter contained herein.

XVII. Disclaimer and Assumption of Risk

You acknowledge to follow and respect all preventive measures promulgated by

government authorities and Dallas Indoor Pickleball Club (“Measures”) to prevent the

spread of COVID-19 and to inform Dallas Indoor Pickleball Club immediately if you

become aware that any person carrying the virus frequented the premises or that any of

the Measures were breached.

You acknowledge that Dallas Indoor Pickleball Club does not make any representations

or warranties to the effect that the Dallas Indoor Pickleball Club facilities are exempt

from the virus causing COVID-19 or that no person infected by the virus causing

COVID-19 has recently frequented those facilities. Therefore, subject to applicable laws,

you hereby release, waive and renounce in favor of Dallas Indoor Pickleball Club, its

officers, directors, managers, members, shareholders, employees and agents any and

all liabilities, damages, deficiencies, demands, claims, suits, actions, or causes of

action, assessments, losses, costs, expenses (including reasonable legal fees), interest,

penalties, obligations, reasonable costs, or reasonable expenses of any and all

investigations, proceedings, judgments, and settlements sustained or incurred by you,

directly or indirectly, relating to your activities in Dallas Indoor Pickleball Club facilities or

the virus causing COVID-19 and hereby grant to Dallas Indoor Pickleball Club a

complete, total, and final release and discharge with respect to those claims.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Dallas Indoor Pickleball

Club. The following terms and conditions, together with any

documents they expressly incorporate by reference govern your access to and use of dallasindoorpickleballclub.com, including any content,

functionality and services offered on or through https://vipindoorpickleball.com/ whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using

the Website, you accept and agree to be bound and abide by these Terms of Use and

our Privacy Policy, incorporated herein by reference. If you do not want to agree to

these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By

using this Website, you represent and warrant that you are of legal age to form a

binding contract with the Company and meet all of the foregoing eligibility requirements.

If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.

All changes are effective immediately when we post them, and apply to all access to

and use of the Website thereafter. However, any changes to the dispute resolution

provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for

which the parties have actual notice on or prior to the date the change is posted on the

Website.

Your continued use of the Website following the posting of revised Terms of Use means

that you accept and agree to the changes. You are expected to check this page each

time you access this Website so you are aware of any changes, as they are binding on

you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we

provide on the Website, in our sole discretion without notice. We will not be liable if for

any reason all or any part of the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or the entire

Website, to users, including registered users.

You are responsible for both:

 Making all arrangements necessary for you to have access to the Website.

 Ensuring that all persons who access the Website through your internet

connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide

certain registration details or other information. It is a condition of your use of the

Website that all the information you provide on the Website is correct, current and

complete. You agree that all information you provide to register with this Website or

otherwise, including, but not limited to, through the use of any interactive features on the

Website, is governed by our Privacy Policy and you consent to all actions we take with

respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of

information as part of our security procedures, you must treat such information as

confidential, and you must not disclose it to any other person or entity. You also

acknowledge that your account is personal to you and agree not to provide any other

person with access to this Website or portions of it using your user name, password or

other security information. You agree to notify us immediately of any unauthorized

access to or use of your user name or password or any other breach of security. You

also agree to ensure that you exit from your account at the end of each session. You

should use particular caution when accessing your account from a public or shared

computer so that others are not able to view or record your password or other personal

information.

We have the right to disable any user name, password or other identifier, whether

chosen by you or provided by us, at any time in our sole discretion for any or no reason,

including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited

to all information, software, text, displays, images, video and audio, and the design,

selection and arrangement thereof), are owned by the Company, its licensors or other

providers of such material and are protected by United States and international

rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial

use only. You must not reproduce, distribute, modify, create derivative works of, publicly

display, publicly perform, republish, download, store or transmit any of the material on

our Website, except as follows:

 Your computer may temporarily store copies of such materials in RAM incidental

to your accessing and viewing those materials.

 You may store files that are automatically cached by your Web browser for

display enhancement purposes.

 You may print or download one copy of a reasonable number of pages of the

Website for your own personal, non-commercial use and not for further

reproduction, publication or distribution.

 If we provide desktop, mobile or other applications for download, you may

download a single copy to your computer or mobile device solely for your own

personal, non-commercial use, provided you agree to be bound by our end user

license agreement for such applications.

 If we provide you and your username with certain content, you may take such

actions as are enabled by such features but limited by the Privacy Policy.

You must not:

 Modify copies of any materials from this site.

 Use any illustrations, photographs, video or audio sequences or any graphics

separately from the accompanying text.

 Delete or alter any copyright, trademark or other proprietary rights notices from

copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any

services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this

section, please address your request to: info@dallasindoorpickleball.com.

If you print, copy, modify, download or otherwise use or provide any other person with

access to any part of the Website in breach of the Terms of Use, your right to use the

Website will cease immediately and you must, at our option, return or destroy any

copies of the materials you have made. No right, title or interest in or to the Website or

any content on the Website is transferred to you, and all rights not expressly granted

are reserved by the Company. Any use of the Website not expressly permitted by these

and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and

service names, designs and slogans are trademarks of the Company or its affiliates or

licensors. You must not use such marks without the prior written permission of the

Company. All other names, logos, product and service names, designs and slogans on

this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms

of Use. You agree not to use the Website:

 In any way that violates any applicable federal, state, local or international law or

regulation (including, without limitation, any laws regarding the export of data or

software to and from the US or other countries).

 For the purpose of exploiting, harming or attempting to exploit or harm minors in

any way by exposing them to inappropriate content, asking for personally

identifiable information or otherwise.

 To send, knowingly receive, upload, download, use or re-use any material which

does not comply with the Content Standards set out in these Terms of Use.

 To transmit, or procure the sending of, any advertising or promotional material

without our prior written consent, including any "junk mail," "chain letter," "spam,"

or any other similar solicitation.

 To impersonate or attempt to impersonate the Company, a Company employee,

another user or any other person or entity (including, without limitation, by using

e-mail addresses or screen names associated with any of the foregoing).

 To engage in any other conduct that restricts or inhibits anyone's use or

enjoyment of the Website, or which, as determined by us, may harm the

Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

 Use the Website in any manner that could disable, overburden, damage, or

impair the site or interfere with any other party's use of the Website, including

their ability to engage in real time activities through the Website.

 Use any robot, spider or other automatic device, automated tools or similar data

gathering, data harvesting, and extraction methods, directly or indirectly on the

Website to collect any information from the Website or any other user of the

Website, including monitoring or copying any of the material on the Website.

Further, you may not use any such automated means to manipulate the Website,

such as automating what are otherwise manual or one-off procedures. You may

not take any action to interfere with, or disrupt, the Website, or any other visitor’s

use of the Website, including without limitation, via means of overloading,

“flooding”, “mail-bombing” or “crashing” the Website, circumventing security or

user authentication measures or attempting to exceed the limited authorization

and access granted to you by these Terms.

 Use any manual process to monitor, copy, or scrape any of the material on the

Website, or for any other purpose not expressly authorized in these Terms of

Use, without our prior written consent.

 Use any device, software or routine that interferes with the proper working of the

Website.

 Introduce any viruses, trojan horses, worms, logic bombs, spyware, adware or

other malicious computer code, file or program that is harmful, invasive, or is

otherwise intended to hijack the operation of, or monitor the use of, the Website,

or other material which is malicious or technologically harmful.

 Attempt to gain unauthorized access to, interfere with, damage or disrupt any

parts of the Website, the server on which the Website is stored, or any server,

computer or database connected to the Website.

 Attack the Website via a denial-of-service attack or a distributed denial-of-service

attack.

 Otherwise attempt to interfere with the proper working of the Website.

Security of the Website

You shall not violate or attempt to violate the security of the Website, including without

limitation, (a) accessing data not intended for visitors or logging into a server, (b)

attempting to probe, scan or test the vulnerability of a system or network or to breach

security or authentication measures or using any device, software, or routine to interfere

with the proper working of the Website; (c) attempting to interfere with the availability of

the Website to any representative, host or network, including without limitation, via

means of submitting a virus to the site, overloading, “flooding”, “mailbombing,” or

“crashing” the Site. You further agree that you will not take any action that imposes an

unreasonable or disproportionately large load on the Website’s infrastructure. Violations

of system or network security may result in civil or criminal liability. Violations of system

or network security may result in criminal or civil liability. We will investigate occurrences

which may involve such violations and may involve, and cooperate with, law

enforcement authorities in identifying, investigating and/or prosecuting users who are

involved in such violations.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles,

forums, bulletin boards, and other interactive features (collectively, "Interactive

Services") that allow users to post, submit, publish, display or transmit to other users or

other persons (hereinafter, "post") content or materials (collectively, "User

Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms

of Use.

Any User Contribution you post to the site will be considered non-confidential and non-

proprietary. By providing any User Contribution on the Website, you grant us and our

affiliates and service providers, and each of their and our respective licensees,

successors and assigns the right to use, reproduce, modify, perform, display, distribute

and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

 You own or control all rights in and to the User Contributions and have the right to

grant the license granted above to us and our affiliates and service providers,

and each of their and our respective licensees, successors and assigns.

 All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions

you submit or contribute, and you, not the Company, have fully responsibility for such

content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any

User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

 Remove or refuse to post any User Contributions for any or no reason in our sole

discretion.

 Take any action with respect to any User Contribution that we deem necessary or

appropriate in our sole discretion, including if we believe that such User

Contribution violates the Terms of Use, including the Content Standards,

infringes any intellectual property right or other right of any person or entity,

threatens the personal safety of users of the Website or the public or, in the

opinion of the Company, could create liability for the Company.

 Disclose your identity or other information about you to any third party who

claims that material posted by you violates their rights, including their intellectual

property rights or their right to privacy.

 Take appropriate legal action, including without limitation, referral to law

enforcement, for any illegal or unauthorized use of the Website.

 Terminate or suspend your access to all or part of the Website for any or no

reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law

enforcement authorities or court order requesting or directing us to disclose the identity

or other information of anyone posting any materials on or through the Website. YOU

WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES

AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION

TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS

INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF

INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT

AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and

cannot ensure prompt removal of objectionable material after it has been posted.

Accordingly, we assume no liability for any action or inaction regarding transmissions,

communications or content provided by any user or third party. We have no liability or

responsibility to anyone for performance or nonperformance of the activities described

in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive

Services. User Contributions must in their entirety comply with all applicable federal,

state, local and international laws and regulations. Without limiting the foregoing, User

Contributions must not:

 Contain any material which is defamatory, obscene, indecent, abusive, offensive,

harassing, violent, hateful, inflammatory or otherwise objectionable.

 Promote sexually explicit or pornographic material, violence, or discrimination

based on race, sex, religion, nationality, disability, sexual orientation or age.

 Infringe any patent, trademark, trade secret, copyright or other intellectual

property or other rights of any other person.

 Violate the legal rights (including the rights of publicity and privacy) of others or

contain any material that could give rise to any civil or criminal liability under

applicable laws or regulations or that otherwise may be in conflict with these

 Be likely to deceive any person.

 Promote any illegal activity, or advocate, promote or assist any unlawful act.

 Cause annoyance, inconvenience or needless anxiety or be likely to upset,

embarrass, alarm or annoy any other person.

 Impersonate any person, or misrepresent your identity or affiliation with any

person or organization.

 Involve commercial activities or sales, such as contests, sweepstakes and other

sales promotions, barter or advertising.

 Give the impression that they emanate from or are endorsed by us or any other

person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please send an email

to info@dallasindoorpickleball.com. for instructions on sending us a notice of copyright

infringement. It is the policy of the Company to terminate the user accounts of repeat

infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for

general information purposes. We do not warrant the accuracy, completeness or

usefulness of this information. Any reliance you place on such information is strictly at

your own risk. We disclaim all liability and responsibility arising from any reliance placed

on such materials by you or any other visitor to the Website, or by anyone who may be

informed of any of its contents.

This Website may include content provided by third parties, including materials provided

by other users, bloggers and third-party licensors, syndicators, aggregators and/or

reporting services. All statements and/or opinions expressed in these materials, and all

articles and responses to questions and other content, other than the content provided

by the Company, are solely the opinions and the responsibility of the person or entity

providing those materials. These materials do not necessarily reflect the opinion of the

Company. We are not responsible, or liable to you or any third party, for the content or

accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not

necessarily complete or up-to-date. Any of the material on the Website may be out of

date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the

Website, you consent to all actions taken by us with respect to your information in

compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and

does not damage our reputation or take advantage of it, but you must not establish a

link in such a way as to suggest any form of association, approval or endorsement on

our part

This Website may provide certain social media features that enable you to:

 Link from your own or certain third-party websites to certain content on this

Website.

 Send e-mails or other communications with certain content, or links to certain

content, on this Website.

 Cause limited portions of content on this Website to be displayed or appear to be

displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to

the content they are displayed with. Subject to the foregoing, you must not:

 Establish a link from any website that is not owned by you.

 Cause the Website or portions of it to be displayed, or appear to be displayed by,

for example, framing, deep linking or in-line linking, on any other site.

 Link to any part of the Website other than the homepage.

 Otherwise take any action with respect to the materials on this Website that is

inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content

accessible, must comply in all respects with the Content Standards set out in these

You agree to cooperate with us in causing any unauthorized framing or linking

immediately to cease. We reserve the right to withdraw linking permission without

notice.

We may disable all or any social media features and any links at any time without notice

in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these

links are provided for your convenience only. This includes links contained in

advertisements, including banner advertisements and sponsored links. We have no

control over the contents of those sites or resources, and accept no responsibility for

them or for any loss or damage that may arise from your use of them. If you decide to

access any of the third party websites linked to this Website, you do so entirely at your

own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Texas in the United States. We

provide this Website for use only by persons located in the United States. We make no

claims that the Website or any of its content is accessible or appropriate outside of the

United States. Access to the Website may not be legal by certain persons or in certain

countries. If you access the Website from outside the United States, you do so on your

own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for

downloading from the internet or the Website will be free of viruses or other destructive

code. You are responsible for implementing sufficient procedures and checkpoints to

satisfy your particular requirements for anti-virus protection and accuracy of data input

and output, and for maintaining a means external to our site for any reconstruction of

any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY

A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER

TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER

EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY

MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS

OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY

MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS

OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS

CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE

ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE

COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY

WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,

SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE

WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR

ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT

THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED

THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR

UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR

THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS

OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR

EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT

LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT

AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE

COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,

EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF

ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION

WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED

TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY

SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER

WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,

PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF

REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,

LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY

TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE,

EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors

and service providers, and its and their respective officers, directors, employees,

contractors, agents, licensors, suppliers, successors and assigns from and against any

claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees

(including reasonable attorneys' fees) arising out of or relating to your violation of these

to, your User Contributions, any use of the Website's content, services and products

other than as expressly authorized in these Terms of Use, or your use of any

information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim

arising therefrom or related thereto (in each case, including non-contractual disputes or

claims), shall be governed by and construed in accordance with the internal laws of the

State of Texas without giving effect to any choice or conflict of law provision or rule

(whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or

the Website shall be instituted exclusively in the federal courts of the United States or

the courts of the State of Texas, in each case located in the City of Austin and County of

Travis, although we retain the right to bring any suit, action or proceeding against you

for breach of these Terms of Use in your country of residence or any other relevant

country. You waive any and all objections to the exercise of jurisdiction over you by such

courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from

these Terms of Use or use of the Website, including disputes arising from or concerning

their interpretation, violation, invalidity, non-performance, or termination, to final and

binding arbitration under the Rules of Arbitration of the American Arbitration Association

applying Texas law and taking place in Austin, Texas.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR

RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED

WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,

SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use

shall be deemed a further or continuing waiver of such term or condition or a waiver of

any other term or condition, and any failure of the Company to assert a right or provision

under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent

jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be

eliminated or limited to the minimum extent such that the remaining provisions of the

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement

between you and Us with respect to the Website and supersede all prior and

contemporaneous understandings, agreements, representations and warranties, both

written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Dallas Indoor Pickleball Club.

All other feedback, comments, requests for technical support and other communications

relating to the Website should be directed to: info@dallasindoorpickleball.com.

Introduction

Dallas Indoor Pickleball Club respects your privacy and we 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 the website https://dallasindoorpickleballclub.com/ or

the application (collectively referred to as the “Platforms”) and our practices for

collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

 On this Website or on the application.

 In email, text, and other electronic messages between you and these Platforms.

 Through mobile and desktop applications you download from this Website or

through applications made available through mobile devices, 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; or

 Any third party, including through any application or content (including

advertising) that may link to or be accessible from or on these Platforms.

Please read this policy carefully to understand our policies and practices regarding your

information and how we will treat it. If you do not agree with our policies and practices,

your choice is not to use our Platforms. By accessing or using these Platforms, you

agree to this privacy policy. This policy may change from time to time (see Changes to

Our Privacy Policy). Your continued use of these Platforms after we make changes is

deemed to be acceptance of those changes, so please check the policy periodically for

updates. Children Under the Age of 13

Our Platforms are not intended for children under 13 years of age. No one under age 13

may provide any information to or on the Platforms. We do not knowingly collect

personal information from children under 13. If you are under 13, do not use or provide

any information on these Platforms or on or through any of its features. 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

at: info@dallasindoorpickleballclub.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platforms, including

information:

 By which you may be personally identified, such as name, postal address, e-mail

address, telephone number, or any other identifier by which you may be

contacted online or offline

 That is about you but individually does not identify you; and/or

 About your internet connection, the equipment you use to access our Platforms,

and usage details.

We collect this information:

 Directly from you when you provide it to us.

 Automatically as you navigate through the site or application. Information

collected automatically may include usage details, IP addresses, and information

collected through cookies.

 From third parties, for example, our business partners.

Information You Provide to Us:

The information we collect on or through our Platforms may include:

 Information that you provide by filling in forms on our Platforms. This includes

information provided at the time of registering to use our Platforms, subscribing

to our service, posting material, or requesting further services. We may also ask

you for information when you enter a contest or promotion sponsored by us, and

when you report a problem with our Platforms.

 Records and copies of your correspondence (including email addresses), if you

 Your responses to surveys that we might ask you to complete for research

purposes.

 Details of transactions you carry out through our Platforms 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 Platforms.

You also may provide information to be published or displayed on

public areas of the Platforms, or transmitted to other users of the Platforms or third

parties. Your User Contributions are posted on and

transmitted to others at your own risk. Although we limit access to certain pages, please

be aware that no security measures are perfect or impenetrable. Additionally, we cannot

control the actions of other users of the Platforms 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 Platforms, 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 Platforms, including traffic data, location data, logs,

and other communication data and the resources that you access and use on the

Platforms.

 Information about your computer and internet connection, including your IP

address, operating system, and browser type.

The information we collect automatically does include personal information, or 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 Platforms 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 Platforms

according to your individual interests.

 Speed up your searches.

 Recognize you when you return to our Platforms.

The technologies we use for this automatic data collection may include:

 Cookies (or browser cookies). A cookie is a small file placed on the hard drive of

your computer. You may refuse to accept browser cookies by activating the

appropriate setting on your browser. However, if you select this setting you may

be unable to access certain parts of our Platforms. Unless you have adjusted

your browser setting so that it will refuse cookies, our system will issue cookies

when you direct your browser to our Website.

 Flash Cookies. Certain features of our Platforms may use local stored objects (or

Flash cookies) to collect and store information about your preferences and

navigation to, from, and on our Platforms. Flash cookies are not managed by the

same browser settings as are used for browser cookies. For information about

managing your privacy and security settings for Flash cookies, see Choices

About How We Use and Disclose Your Information.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Platforms are served by

third-parties, including advertisers, ad networks and servers, content providers, and

application providers. These third parties may use cookies to collect information about

you when you use our Platforms. The information they collect may be associated with

your personal information or they may collect information, including personal

information, about your online activities over time and across different websites and

other online services. They may use this information to provide you with interest-based

(behavioral) advertising or other targeted content.

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. For information about how you can opt out of

receiving targeted advertising from many providers, see Choices About How We Use

and Disclose Your Information.

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 Platforms and its contents to you.

 To provide you with information, products, or services that you request from us.

 To fulfill any other purpose for which you provide it.

 To provide you with notices about your account, 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 Platforms or any products or services we offer

or provide though it.

 To allow you to participate in interactive features on our Platforms.

 In any other way we may describe when you provide the information.

 For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be

of interest to you. If you do not want us to use your information in this way, please

[check the relevant box located on the form on which we collect your data (the order

form)][check the relevant box located on the form on which we collect your data (the

registration form)][adjust your user preferences in your account profile]. For more

information, see Choices About How We Use and Disclose Your Information.

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 without restriction.

We may disclose personal information that we collect or you provide as described in this

 To our subsidiaries and affiliates.

 To contractors, service providers, and other third parties we use to support our

business.

 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 Dallas

Indoor Pickleball Club’s assets, whether as a going concern or as part of

bankruptcy, liquidation, or similar proceeding, in which personal information held

by Dallas Indoor Pickleball Club about our Platforms’ users is among the assets

transferred.

 To third parties to market their products or services to you if you have not opted

out of these disclosures. For more information, see Choices About How We Use

and Disclose Your Information.

 To fulfill the purpose for which you provide it.

 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.

 To enforce or apply our Terms of Use and other agreements, including for billing

and collection purposes.

 If we believe disclosure is necessary or appropriate to protect the rights, property,

or safety of Dallas Indoor Pickleball Club, our customers, or others.

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:

 Tracking Technologies and Advertising. You can set your browser to refuse all or

some browser cookies, or to alert you when cookies are being sent. If you

disable or refuse cookies, please note that some parts of this site may then be

inaccessible or not function properly.

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.

California residents may have additional personal information rights and choices.

Please see Your California Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platforms and

visiting your account profile page. If you delete your User Contributions from the

Platforms, copies of your User Contributions may remain viewable in cached and

archived pages, or might have been copied or stored by other Platform users. Proper

access and use of information provided on the Website, including User Contributions, is

governed by the terms herein and the privacy policy. If you choose to remove your

account, Dallas Indoor Pickleball Club will replace your personal email address with a

Dallas Indoor Pickleball Club email address so the account can be claimed.

California residents may have additional personal information rights and choices.

Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights

regarding our use of your personal information. Civil

Code Section § 1798.83) permits users of our App 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 send an

email to info@dallasindoorpickleballclub.com.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we

make material changes to how we treat our users' personal information, we will notify

you through a notice on the Website home page. The date the privacy policy was last

revised is identified at the top of the page. You are responsible for ensuring we have an

up-to-date active and deliverable email address for you, and for periodically visiting our

Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices,

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