Terms & Conditions.
HIIT THE COURT LLC TERMS OF USE
Acceptance of Terms
These Terms of Use govern your access to and participation in all workouts, games, sessions, and other events (collectively, "Activities") conducted by HIIT THE COURT LLC or its affiliates (collectively, "HIIT THE COURT"). By participating in any Activity, you ("Member") agree to these Terms of Use and enter into a legally binding contract with HIIT THE COURT. Your membership and participation in any Activity are conditioned upon your acceptance of these Terms. If you do not agree to these Terms, do not participate in any Activity.
1. Membership
1.1 Eligibility: You must be at least 18 years old to become a Member. By participating in any Activity, you represent and warrant that you meet this eligibility requirement.
1.2 Services: HIIT THE COURT provides its Members with the opportunity to participate in high-intensity basketball-based fitness sessions and related Activities.
2. Term and Termination
2.1 Term: This Agreement commences on the earlier of the date you sign up for an Activity or your first participation in an Activity. It continues until terminated by either party as provided herein.
2.2 Termination: Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. However, termination by you does not entitle you to a refund of any fees paid.
2.3 Revocation: HIIT THE COURT reserves the right to revoke your membership and terminate this Agreement, without refund, if you violate any HIIT THE COURT rules or regulations, as determined in HIIT THE COURT's sole discretion.
3. Payment
3.1 Fees: You agree to pay in advance for Activities at the rates then in effect, which may be found on www.HIITTHECOURT.com or otherwise communicated to you. All fees are subject to change with notice, and you are deemed to have notice of fees posted on the website.
3.2 Non-Refundable: All payments are non-refundable, except as required by applicable law.
3.3 Authorization: You authorize HIIT THE COURT to charge the credit card on file for Activities provided or to be provided.
4. Rules and Regulations
4.1 Compliance: You must comply with all HIIT THE COURT rules and regulations, including those governing facility use.
4.2 Prohibited Conduct: You agree not to engage in any disruptive, harassing, or threatening behavior toward other Members, HIIT THE COURT personnel, guests, or facility staff. Fighting or inappropriate physical contact is strictly prohibited.
5. Changes to Activities
HIIT THE COURT reserves the right to modify or eliminate any Activity, program, facility, schedule, or service at its sole discretion.
6. Medical Conditions
6.1 Consultation: You are encouraged to consult your physician before participating in any Activity.
6.2 Health Representation: You represent and warrant that you are in good health and have no conditions that would prevent you from safely participating in high-intensity exercise.
6.3 No Medical Advice: HIIT THE COURT and its personnel do not provide medical advice. You are solely responsible for determining your fitness to participate.
7. Personal Property
HIIT THE COURT is not responsible for lost, stolen, or damaged personal property.
8. Acknowledgement of Risk and Assumption of Liability
8.1 Inherent Risks: You understand that Activities involve inherent risks, including but not limited to physical injury, illness, and even death.
8.2 Assumption of Risk: Knowing these risks, you expressly assume all risks associated with participating in Activities.
9. Waiver and Release
9.1 Release: To the fullest extent permitted by law, you release HIIT THE COURT, its affiliates, and their respective owners, officers, directors, employees, and agents from all liability for any injury, illness, death, or property damage arising from your participation in Activities, regardless of negligence.
10. Indemnity
You agree to indemnify and hold HIIT THE COURT harmless from any claims, damages, or expenses arising from your negligent or intentional acts or omissions during your participation in Activities.
11. Assignment
You may not assign or transfer your rights or obligations under this Agreement without HIIT THE COURT's written consent.
12. Waiver
No failure or delay in exercising any right under this Agreement constitutes a waiver of that right.
13. Governing Law
This Agreement is governed by the laws of the State of California.
14. Severability
If any provision of this Agreement is deemed unenforceable, the remaining provisions remain in full force and effect.
15. Attorneys' Fees
In any legal proceeding arising from this Agreement, the prevailing party is entitled to recover reasonable attorneys' fees and costs.
16. Dispute Resolution and Arbitration; Class Action Waiver.
16.1 Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to this Agreement or your participation in Activities ("Dispute") shall be resolved by binding arbitration, except as provided below.
16.2 Pre-Arbitration Claim Resolution: Before initiating arbitration, you must first send a written notice of the Dispute to HIIT THE COURT at the address provided herein, detailing the nature of the Dispute and the relief sought. HIIT THE COURT shall have 45 days to attempt to resolve the Dispute.
16.3 Exclusions from Arbitration: Either party may pursue a Dispute in small claims court or opt-out of arbitration within 30 days of first consenting to these Terms by providing written notice to HIIT THE COURT.
16.4 Arbitration Procedures: If arbitration is initiated, it shall be conducted by the American Arbitration Association (AAA) or JAMS, in accordance with their respective rules, except as modified by this Agreement. The arbitration shall be conducted before a single arbitrator and shall be limited to individual claims only.
16.5 Governing Law: The Federal Arbitration Act and the substantive law of California shall govern the arbitration.
16.6 Arbitration Award: The arbitrator's award shall be final and binding, and may be entered in any court of competent jurisdiction.
16.7 Location and Costs: The arbitration may be held in San Francisco, California, or another mutually agreeable location. HIIT THE COURT shall pay its own arbitration fees and costs, and those of the arbitrator. Each party shall bear its own attorneys' fees and costs, unless otherwise awarded by the arbitrator.
16.8 Class Action Waiver: You and HIIT THE COURT waive the right to participate in a class action or representative proceeding, except as otherwise provided herein.
16.9 Jury Waiver: You and HIIT THE COURT waive the right to a jury trial.
16.10 Severability: If any provision of this Section is deemed unenforceable, the remaining provisions shall remain in full force and effect.
16.11 Continuation: This Section shall survive termination of this Agreement.
17. Video and Photograph Release
17.1 Grant of Rights: You grant HIIT THE COURT the irrevocable right to use your name, likeness, image, voice, and biographical information in photographs, videos, or other recordings taken during your participation in Activities, for any purpose, without compensation.
17.2 Release of Liability: You release HIIT THE COURT from any liability arising from the use of such photographs, videos, or recordings.
17.3 No Approval Required: You waive the right to approve the final product.
17.4 Ownership: All photographs, videos, or recordings shall remain the property of HIIT THE COURT.
17.5 Binding Effect: This release is binding on you and your heirs, assigns, and personal representatives.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and HIIT THE COURT, superseding any prior agreements or understandings, whether written or oral.
19. Amendments
HIIT THE COURT may amend these Terms at any time by posting the updated Terms on its website. Your continued participation in Activities after the posting of any amendments constitutes your acceptance of such amendments.
20. Contact Information
If you have any questions or concerns about these Terms, please contact HIIT THE COURT at:
HIIT THE COURT LLC
70 Terra Vista Ave. #11
San Francisco, CA 94115
Telephone: (408) 806-9193
Email: coachg@hiitthecourt.com