PLEASE READ THESE DISCLOSURES & DISCLAIMERS CAREFULLY.

By voluntarily submitting your information to Apex Pickleball Club, you, the Account Member or Visitor, acknowledge that you have read, understand, and agree to these Disclosures. You also acknowledge you have read, understand, and agree to our Privacy Statement at atxpickleplex.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 Apex Pickleball Club, we have adopted policies, procedures, rules, and regulations, including those located at https://apexpbclubs.com/privacy-policy/ ("policies") designed to provide for the safe, enjoyable, and healthy use of our premises and events by you, our members, and guests. These policies apply to your conduct on Apex 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 Apex Pickleball Club-sponsored activities ("events").

As a member or guest of Apex 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, in our sole discretion. You may find the most recent version of these policies at https://apexpbclubs.com/privacy-policy/. As a member or guest of Apex Pickleball Club, you are responsible and expected to review and comply with these policies at all times.

CANCELLATION & REFUNDS

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

You may cancel a court reservation by going to apexpbclubs.com or accessing the Apex Pickleball Club app. We will refund all amounts paid if we receive your cancellation notice at least 48 hours in advance of your scheduled reservation date and time. We will not refund any amount for a reservation that you fail to attend or fail to reschedule at least 48 hours in advance. For party or group events, cancellation must be at least 14 days in advance of your event. Inside 14 days, you may request a reschedule, but no refund is available and rescheduling is not guaranteed. Inside 48 hours, there is no opportunity for refund or reschedule.

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

HEALTH & SAFETY

The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, Apex Pickleball Club cannot remove all risks 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 Apex Pickleball Club's premises, facilities, equipment, services, activities, or products ("Use of Apex 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 Apex 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 Apex 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 Apex Pickleball Club's premises, facilities, equipment, services, activities, and products.

Use of Premises and Services

You understand that use of Apex Pickleball Club's premises, facilities, equipment, services, activities, or products can include but is not limited to:

Pickleball courts, lobby, entryways, sidewalks, parking lots, and any other facilities, including our bar and restaurant PickleDilly's.
Use of services and participation in activities including but not limited to special athletic events;
All other programs, activities, classes, sessions, events, amenities, or benefits that are sponsored, endorsed, or operated by Apex Pickleball Club on or off its premises.

Access & Usage

The purchase of an Apex Pickleball Club membership grants you access to the facility at published member rates. Your access to the facility is what you pay for in your membership dues. While we hope you take full advantage of your membership and regularly use the facility, any non-use or low-usage will not constitute grounds for credits or refunds. At Apex Pickleball Club's option and discretion, upon receipt of a formal written request by email at info@apexpbclubs.com, explaining the reason for the pause in membership and providing reasonable documentation, a pause in membership may be facilitated. Apex Pickleball Club reserves the right to deny any request for a membership pause for any reason.

Grant of Rights & Release

You hereby grant Apex Pickleball Club the irrevocable and unrestricted right to use, reproduce, and distribute photographs and/or videos taken of you, your guest(s), or anyone in your party for any purpose, including but not limited to marketing, advertising, promotion, and social media. You acknowledge and agree you will not receive any royalties or compensation for the use of the materials. This release is provided voluntarily, and you understand you are not entitled to any payment or consideration. This shall be effective as of the first time you enter Apex Pickleball Club and shall remain in effect indefinitely.

Risks & Injuries

You understand that risks of injury in the Use of Apex Pickleball Club Premises and Services may include but are not limited to:

Slips, trips, collisions, falls, and loss of footing or balance;
Equipment failure, malfunction, or misuse;
Property or information theft, misuse, or damage;
Other accidents or incidents that may result in injury or damage.

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 Apex Pickleball Club and PickleDilly's LLC from, covenant and agree not to sue Apex Pickleball Club or PickleDilly's LLC for, and waive, any claims for any injuries in the Use of Apex Pickleball Club Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF APEX PICKELBALL CLUB, you, any Minor Member(s), or Guest(s).

DEFENSE AND INDEMNIFICATION

You agree to defend, indemnify, and hold Apex Pickleball Club and PickleDilly's LLC harmless to the fullest extent permitted by law from and against any Claim asserted against Apex Pickleball Club by any other person arising out of the Use of Apex Pickleball Club Premises and Services by you, Minor Member(s), or Guest(s).

Access & Usage – Facility Availability

In addition to the provisions above, members expressly acknowledge and agree that Apex Pickleball Clubs reserves the right, from time to time and at its sole discretion, to rent or reserve all or portions of the facility for special events, tournaments, leagues, corporate outings, or other activities. During such times, members may not have access to certain courts or areas of the facility. These temporary restrictions are considered a normal part of operations and shall not constitute grounds for refunds, credits, or extensions of membership. Apex Pickleball Clubs will make reasonable efforts to provide advance notice of such events through its website, member communications, or posted schedules.

Andre Henriques