Membership Agreement

MEMBERSHIP AGREEMENT

Version 8.15.2024

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Side Out Pickleball Centers, located at 2716 119th St SW Everett, WA 98204 Mukilteo, WA (“Side Out”), and you, the “Member.”  Side Out Pickleball Centers is a boutique fitness facility offering pickleball courts, group classes, private instruction, and tournaments to pickleball enthusiasts. This Agreement entitles Members access to the courts, to participate in classes, private instruction, and to enjoy other amenities offered.

Membership and use of Side Out affiliated facilities and businesses, on and off site, are not addressed in this agreement and may be subject to an additional membership agreement.

Please review this Agreement thoroughly as it is a legal contract between Side Out Pickleball Centers and all Members. By using the services offered at Side Out Pickleball, Members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

Side Out Pickleball Membership Levels:

FOUNDING MEMBERS: An exclusive, limited pre-launch membership group, that is annually eligible to receive the following:   Waived initiation fee of $100; court reservations of up to two hours with no court fee.; two week lead on court reservations; discounted entry fee to Side Out tournaments; meet and greet session with Side Out Pro, Connor Garnett; free access to ALL open play sessions;10% discount at the pro shop; 20% discount on training classes; free open play at all future Side Out locations; this annual membership level is grandfathered and renewable. The savings of a Founding Membership versus a non-member are valued at $1,660 annually, based on one court reservation and one two-hour play session, per week, for the period of a year.

* Effective May 15th, Founding Members may purchase a limited add-on membership for each of their family members. This add-on purchase allows those additional family members to utilize the Founder's  court reservations, of up to two hours, at no court fee, and provides them with the full suite of other Founders Member benefits. These add-on memberships are available for an additional $250 per family member.  

PREMIUM MEMBERS: A limited post-launch membership group, that is annually eligible to receive the following: court reservations of up to two hours with no court fee; one week lead on court reservations; discounted entry fee to Side Out tournaments; meet and greet session with our Side Out Pro, Connor Garnett;  free access to open play sessions; 10 % discount at the pro shop; 10% discount on training classes; the opportunity to add family members to the Premium Member level, for only an additional $45 per month, per family member; this membership level when renewed annually in advance earns a 13th month. The benefits of a Premium Membership versus a non-member are valued at $1,180 annually, based on one court reservation and one two-hour play session, per week, for the period of a year.

SIDE OUT MEMBERS: Standard Members of Side Out Pickleball will be eligible to receive the following: one weekly court reservation of up to two hours with no court fee; 48 hour court reservations lead as available; discounted entry fee to Side Out tournaments; meet and greet session with Side Out Pro, Connor Garnett; free access open play sessions; a 10 % discount at the pro shop; a 5% discount on training classes; this membership level when renewed annually in advance earns a 13th month.  The benefits of a Side Out Membership versus a Non-Member are valued at $700 annually, based on one court reservation and one two-hour play session, per week, for the period of a year.

NON-MEMBERS/GUESTS: Non-Members/Guests are eligible for the following: Court reservation rate is $30 per hour; $15 fee to access open play sessions; reservation lead time, if available.   

See detailed chart below for Membership Comparisons:

Scheduling and discounts: The members agree that all free and discounted scheduling and event registration must be done through the Side Out app or online portal.  In person or phone reservations are not available for discount. Non-Member guests of members are charged a nominal court fee of $10 when playing within a court reservation session booked by the member.  Members must list the guests as a part of their reservation and guests must sign a waiver prior to play.

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Court reservations and instruction packages are billed in-full at the time of purchase and are billed in accordance with the commensurate Membership level. Monthly membership payments shall be made on a defined bill cycle date tied to all active memberships, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

COURT BOOKING POLICIES and CANCELLATIONS

RESERVING Courts/Classes/Private Instruction: Participants are solely responsible for the booking and canceling of their courts, classes, or private instruction through the app or online portal. Members may both reserve and cancel courts, class spots, or private instruction online through their Side Out account or through the Side Out Pickleball Centers (Plan 2 Play) app.

SIGN-IN: Members and non-members are required to enter their scheduled court/class/or private instruction no later than 15 minutes after the scheduled start time. If a participant does not enter the court by this time, it is considered a no-show and Side Out reserves the right to assign the court to another person on the waitlist, as well as charge a no-show fee.  This is because Side Out wants to avoid disruptions and ensure that all participants have an excellent experience and the opportunity to play.

CANCELLATIONS: Reservations for courts/classes/private instruction may be canceled without penalty by canceling up to 24 hours prior to the start time. This may be done online via a member’s account, or directly through the Plan 2 Play app. Once the court/class/private instruction is canceled within this time, the member will not be charged the cancellation fee.

Chronic cancellations impede the other members from court reservations and damage the experience for all.  Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid, and the member will be charged.

If you do not cancel within the 24-hour window, a late-cancel fee of $25 will be charged to your account. Similarly, if you do not cancel and do not show up to your scheduled court/class/private instruction, a no-show fee will be charged to your account in the amount of the (non-member rate) for the service/opening that you registered for.

The no-show and late-cancel fees apply to ALL members equally regardless of membership level.

Side Out staff cannot be held responsible for accidental bookings by members or double bookings made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST: In the event all of the courts are booked to capacity, you may place yourself on the waitlist for a court. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for canceling within the bounds of the cancellation policy. The system will auto-populate members into spots from the waitlist as soon as other members with confirmed spots cancel, and court slots will be assigned as such.

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

Membership Packages: By purchasing a package from Side Out, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members.

CREDIT CARD ON FILE: Members are required to keep a current credit card on file. By placing a card on file, the cardholder and account holder gives permission to the Side Out staff to charge the card for any auto-debit membership packages and/or cancellation fees accrued in accordance with the Side Out, cancellation policy detailed above.

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Side Out to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Side Out will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connection with cancellation fees per the cancellation policy. Side Out may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if you are booked in a court/class/private instruction past the subsequent billing date, and your debit/credit card fails to bill properly, you will be removed from your registration past the subsequent billing date and notified via electronic mail; (4) if you are removed from your registration due to the circumstances as described, it may not be possible to place you back into the court/class/private instruction for which you were originally booked; (5) it is your responsibility to keep a current card on file with accurate billing information. Side Out cannot be held responsible for errors in processing due to expired or inaccurate information.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or using the courts, participating in classes, events, tournaments, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Courts,” “Classes” and “Facilities”) of Side Out, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in playing pickleball, participating in pickleball classes, and utilizing the equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.

In consideration of being allowed to participate in and access the Facilities and Classes at Side Out, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Facilities and Classes (2) release, indemnify, and hold harmless Side Out, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the use of the Facilities, or participation in classes, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Side Out’s Facilities and Classes, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Side Out’s Facilities and Classes and should not be participating in any Classes.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Side Out (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Side Out, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Side Out, its employees, agents, and representatives.

You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

You agree to be solely responsible for the safety and well-being of yourself.

You agree to comply with all rules imposed by Side Out regarding the use of the facilities and equipment.

You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Side Out. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time. You must provide Side Out written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.

If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Side Out, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Side Out reserves the right to pursue additional avenues or means to receive monies owed.

This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to utilize the Side Out services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability.

MISCELANEOUS

GENERAL PUBLIC and MEMBERSHIP: Side Out Pickleball Centers is open to the public and also offers various levels of membership for frequent customers that wish to take advantage of more favorable pricing and benefits. Members are welcome to bring guests to Side Out, however, guests will be subject to our customary fees, just like the public. General public and members are allowed into Side Out at the discretion of Side Out and must comply with all club rules.

CONDUCT/DAMAGES: Side Out is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. who do not observe Side Out’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Side Out has the right to evaluate behavior and respond accordingly. This right includes, but is not limited to, termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Side Out’s property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Side Out reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Side Out.

PHOTO/VIDEO RELEASE: You hereby grant Side Out, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Side Out and to use and publish these photos or videos in print and/or electronically. You agree that Side Out may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

You, the Member, may choose to cancel this Agreement at any time prior to midnight of the fifth business day after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with Side Out, or delivered in person to Side Out, Mukilteo, WA or emailed to info@sopbcenters.com.