This Membership Agreement (“Agreement”) is entered into between Randy Ross Tennis Enterprises LLC, doing business as Randy Ross Tennis Center, located at 7760 S Wheeling Ct. Englewood CO 80112 (“Randy Ross Tennis Center”), and you, the member and your family. Randy Ross Tennis Center is a premier indoor tennis facility focused on providing the best tennis playing and learning opportunities anywhere to players of all ages and abilities. This Agreement entitles members access to all facility amenities offered including but not limited to: tennis courts, fitness center, clubhouse and grounds unless noted otherwise.

Please review this Agreement carefully, as it is a legal contract between Randy Ross Tennis Center and you as the member. By using the services offered at Randy Ross Tennis Center, you are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: All members must pay a $250 initiation fee at the time of signing this Agreement. One exception is children 11 and under, those members will need to pay the initiation fee when they turn 12. If we offer any special initiation fee promotions or waivers they will be specifically listed on RandyRossTennis.com. Membership dues will be prorated for the first month when joining, and the prorated month must be paid at the time of signing this Agreement. Monthly memberships are required to be paid in advance monthly, membership payments shall be made the first day of each month, on a month-by-month basis, via automatic debited payment (credit card) or prepaid in advance by check or cash.

Payment Methods: Payment options include cash, check, or automatic credit card payment. All cards are processed as credit cards, including debit cards. In the event of a declined credit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full. Bounced checks will incur a bounced check fee of $20.

Convenience Fee: A convenience fee of 3.4% is charged on all transactions. This fee is waived for check and cash payments. If you choose to pay by check or cash you agree to keep your payments up to date. We charge all balances on the first day of the month and every Friday. If you have a balance on the day of charging, the Randy Ross Tennis Center will charge the card on file for the full balance, including the convenience fee. It is your responsibility to prepay via check or cash in advance and maintain a credit on your account at all times, to have the convenience fee waived.

Credit Card on File: You are required to have a card on file, and you authorize Randy Ross Tennis Center to charge the credit card on file for all fees and all other charges associated with membership at the Randy Ross Tennis Center, lessons, court rentals, products and services. If you choose to pay by check or cash, the card on file may be used if balances are outstanding on the first of the month or each Friday when accounts are charged.

MEMBERSHIP TYPES and USAGE: Membership is based on individual usage types that allow members to create the perfect membership. If you, or a member of your membership group, participate in activities outside of your membership type, the Randy Ross Tennis Center will update your membership to cover the new activities and adjust your membership fees accordingly. Likewise, if you return to the club during a membership hold period, your membership will be reactivated on that day, prorated for the month.

MEMBERSHIP CANCELLATION/HOLDS: We love our members and want you to love the Randy Ross Tennis Center. If you do need to cancel, or place your membership on a temporary hold, however, we require at least 30 days notice, and no prorated months are offered when canceling. For example, a cancelation request on October 15 would mean that the membership would be canceled on November 31st. Cancellation notice must be made to the staff at Randy Ross Tennis Center and confirmed by their entry of the cancellation in our member system or by email to randy@randyrosstennis.com. Past dues are nonrefundable.

COURT UTILIZATION: The Randy Ross Tennis Center may charge for all court time used. If you enter the court prior to a reservation, or go over a reservation time, the RRTC may extend your court charges to reflect the usage of the courts, without prior consent.

RESERVING COURT TIME: Members are solely responsible for the booking, review of date/time via email confirmation, and canceling of their Court Time. Members may reserve court time online through their account or by calling Randy Ross Tennis Center during normal business hours and confirming with our staff.

CANCELLATIONS: Drills, lessons, and court reservations may be canceled without penalty by canceling up to 24 hours prior to the court time start. If payment has already been collected it will be refunded in full. If canceled within 24 hours the Randy Ross Tennis Center reserves the right to charge/retain the entire fee. A cancelation may be done online via a Member’s account, or by calling us during regular operating hours and confirming with our staff.

AUTO-DEBIT: By entering this Agreement, you authorize Randy Ross Tennis Center to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your membership as stated above, as well as any other charges you incur. You understand and acknowledge that (1) Randy Ross Tennis Center will initiate transfers/charges pursuant to this authorization not to exceed the amount described in this Agreement and/or in connection with cancellation fees per the cancellation policy; (2) Randy Ross Tennis Center may discontinue processing of recurring charges if it is unable to secure funds from your card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (3) the Randy Ross Tennis Center booking system allows for booking through the week regardless of the billing date of your contract; and (4) it is your responsibility to keep a current card on file with accurate billing information. Randy Ross Tennis Center 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 attending court time, lessons, events, activities, and other programs and using the Randy Ross Tennis Center’s facilities and equipment (individually and/or collectively, the “Facilities”) of Randy Ross Tennis Center and its subsidiaries, you hereby acknowledge on behalf of yourself, your family members, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor sports and exercise 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, stated rules and regulations, and verbal instructions given to you by our staff. If in the opinion of the Randy Ross Tennis Center staff, you would be at physical risk participating in Randy Ross Tennis Center’s activities, you understand and agree that you may be denied access to the Facilities until you furnish Randy Ross Tennis Center with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Randy Ross Tennis Center’s concerns and stating that Randy Ross Tennis Center's concerns are unfounded.

In consideration of being allowed to participate in and access the Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage sustained or aggravated by you in connection with your use the Facilities, (2) release, indemnify, and hold harmless Randy Ross Tennis Center, its direct and indirect 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 your use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Randy Ross Tennis Center’s Facilities, (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 Randy Ross Tennis Center's Classes and Facilities, and should not be participating in any Classes.

MISCELLANEOUS

CONDUCT/DAMAGES: Randy Ross Tennis Center 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. Members who do not observe Randy Ross Tennis Center’s rules and regulations or who abuse equipment or the Facilities in any fashion will be asked to leave. Randy Ross Tennis Center has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Randy Ross Tennis Center property that 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. Randy Ross Tennis Center reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Randy Ross Tennis Center.

PHOTO/VIDEO RELEASE: You hereby grant Randy Ross Tennis Center, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Randy Ross Tennis Center and to use and publish these photos or videos in print and/or electronically. You agree that Randy Ross Tennis Center 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.