Privacy.
1. Health Attestation:
The undersigned attests that they are healthy and fully physically able to participate in the activities offered by IA Tennis Academy (“the Club”), including an exercise or sports regimen of their choosing, without undue risk of injury or other loss.
2. Membership Payments:
If accepted as a member, the undersigned agrees to pay the initiation and yearly membership fees outlined below. The initiation fee as well as the first year’s membership fee shall be billed on the Commencement Date of Membership to the credit or debit card whose information is provided in this form. Beginning the second year of the membership period, and for all subsequent years, the yearly membership fee shall be billed on an automatic recurring basis on the day of the month corresponding to the Commencement Date of Membership, unless membership is canceled. If the day of your billing date does not occur every year (for example, the 31st), you will be billed on the last day of the month instead. All Membership Payments are non-refundable.
3. Access and Use:
a. Members will have access to and use of the Club’s facilities and enjoy all presently available amenities, offers, and services during business hours so long as all Membership Payments are current. Membership amenities, offers, and services, including pricing for such amenities, offers, and services, are subject to change.
b. Members will strictly abide by all posted codes of conduct, safety guidelines, and regulations while using the Club’s facilities.
c. IA Tennis Academy reserves the right to revoke any person’s membership if any of the terms of this agreement or any Club rules are violated or if there is any concern regarding the health or safety of any person or the integrity of any property.
4. Cancellation Rights:
a. Notice of cancellation may be delivered to the Club at any time either in person, by telephone, or via email. All Club contact information can be found at iatennis.net
b. Once notice of cancelation is delivered, no further membership payments shall be due. If notice of cancellation is delivered with remaining time left in the billing period, your membership will remain active until the billing period ends.
5. Disclaimers and Limitations on the Club’s Liability:
a. All members and guests, in consideration of the privilege of using the Club’s facilities, hereby release the Club and its owners, officers, directors, agents, and employees in connection with the use of the Club’s facilities from all losses and damages (including those caused by actions of the Club or its owners, officers, directors, agents, and employees), and for all claims, suits, payments, and judgments, including legal fees, arising from personal injuries including death and all damage to personal property which may result from use of the Club’s facilities, except to the extent directly caused by negligence of the Club.
b. The Club will not in any circumstance be liable or obligated for any exemplary, special, punitive, or consequential damages, including any loss or damage of lost profits, revenues, or business opportunities, from any claim or dispute or whatever other source derived.
6. Assumption of risk and waiver and release of liability.
I desire to participate in programs and health club activities (“Activities”) at IA Tennis Academy (the “Club”) at 100 Birch Avenue, Little Silver, New Jersey, 07739. I believe that I gain personal value from participating in the Activities and/or being a member of the Club. The Club is permitting me to participate in the Activities only in exchange for my agreement to the following (this "Release"), and the Club is expressly relying on my waiver, release, and agreement in order to permit me to be on Club premises and to participate in the Activities.
I UNDERSTAND AND AGREE THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE. I UNDERSTAND THAT INJURIES I SUSTAIN MAY RESULT FROM, OR BE COMPOUNDED BY, SUBPAR EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE CLUB. NOTWITHSTANDING ALL OF THE RISKS, I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGERS INVOLVED AND HEREBY ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATING TO MY PARTICIPATION IN THE ACTIVITIES AND BEING ON THE CLUB PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OF THE CLUB.
Accepting all risks, I hereby expressly waive and release any and all claims, now known or hereafter known, against the Club and its officers, directors, managers, employees, agents, affiliates, and owners, and each of their successors and assigns (collectively, "Releasees"), relating to any injury, disability, death, or property damage arising out of or attributable to my participation in any Activities including, without limitation, my presence at the Club’s facilities, except against the Club to the extent arising out of the negligence of the Club. I agree not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from all liability under such claims. I also consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities or presence at the Club’s facilities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation or evacuation. I hereby release, forever discharge, and hold harmless all Releasees from any claim based on such treatment or other medical services. This Release constitutes the sole and entire agreement of the Club and me with respect to the subject matter contained in this Release and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, that we may have, or may have discussed, if any, with respect to this subject matter. I acknowledge and agree that no one (including, but not limited to, any Club personnel or representative) has made any representation, warranty, promise or statement to me regarding the Activities or the Club premises, including, without limitation, anything related to the condition of the Club or the safety of any of the Activities. If any provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Release or invalidate or render unenforceable such provision in any other jurisdiction, and any such invalid, illegal or unenforceable provision shall be modified in the subject jurisdiction to the least extent so as to make it enforceable. This Release is binding on me and my heirs, beneficiaries, trustees, executors, administrators, agents, and representatives, and shall inure to the benefit of the Releasees. All matters arising out of or relating to this Release whether sounding in contract, tort, or statute shall be governed by, construed in accordance with, and enforced under the internal laws of the State of New York without giving effect to any choice or conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in New York County, New York and I hereby consent to the exclusive personal jurisdiction of such courts and waive any objection to venue or inconvenience.
I acknowledge and warrant that I have read and fully understand all the terms of this Release and that I am knowingly and voluntarily giving up substantial legal rights, including the right to sue the Club in the circumstances described. I understand and agree to the terms set forth in this agreement, agree to pay, and specifically authorize IA Tennis Academy to bill my debit or credit card, for the amenities, offers, and services provided. I understand that my information will be saved to file for future transactions. I further agree that in the event my debit or credit card becomes invalid, I will provide IA Tennis Academy with a valid debit or credit card to be billed for the payment of any outstanding balances owed to IA Tennis Academy.