Terms of Use

01Acceptance of the Terms of Use

These terms of use are entered into by and between the individual accessing or using the Website defined below ("You" or "you") and Open Play Pickleball & Padel Club ("Open Play," "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.openplayppc.com (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website to arrange services, make reservations, or enter into any membership or other contractual agreement with us ("Services") relating to the Open Play club at 124 E Main St, Hopkinton, Massachusetts, or any other location operated by us, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the Website for Services.

02Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes arising on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

03Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To use some features of the Website, such as our forms, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete. All information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable your access to the Website at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

04Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, renderings, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this Website.
• Use any illustrations, photographs, renderings, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@openplayppc.com. Such requests may be denied in our sole discretion.

If you print, copy, modify, download, or otherwise use any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

05Trademarks

The Open Play name, the Open Play logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website, including those of our sponsors, are the trademarks of their respective owners.

06Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm any person, including minors, in any way.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including by submitting a form in someone else's name.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, copying, or scraping any of the material on the Website, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

07Use of Open Play Facilities and Services

General use. You agree that you will only use an Open Play facility ("Facility") and related Services: (1) in a manner that complies with applicable law; (2) for personal and non-commercial uses; (3) in compliance with the rules and regulations posted at the Facility; and (4) in compliance with these Terms of Use.

Guests. Any guests you invite or allow to use a Facility and Services ("Guests") must also comply with these Terms of Use, and it is your responsibility to ensure that they do. You are responsible for your Guests, including their conduct. You are responsible for ensuring that you and your Guests sign any waiver of liability required by Open Play before using a Facility. You agree to be responsible for any damage or violation that results from the behavior of you or your Guests, and you will not allow your Guests to use a Facility without your being present. All members, guests, staff, instructors, volunteers, and visitors are expected to follow the club's Community Standards & Code of Conduct.

Prohibited activities. Neither you nor any of your Guests shall:

• Use any Facility for any inappropriate purpose, including drug use, alcohol abuse, gambling, sexual activity, violent, dangerous, or threatening behavior, or any other purpose unrelated to properly playing pickleball, padel, or the other activities offered at the Facility.
• Smoke or vape in the Facility, or bring candles, incense, or open flames into it.
• Make excessive noise or conduct any other activity which, in our judgment, disturbs other players, guests, or neighbors.
• Damage, alter, install, remove, or modify any fixtures, equipment, machinery, or appliances in any Facility.
• Allow persons under the age of 18 to use a Facility without being accompanied by at least one adult over the age of 18, and at least one adult for every four minors.
• Charge any fee to any person in connection with the use of a Facility, whether for private lessons or otherwise, without our express written consent.
• Treat other users of a Facility in a discourteous, disrespectful, or inappropriate manner.
• Fail to wear appropriate athletic clothing and non-marking athletic footwear, or wear clothing bearing obscene content or images.

Personal property. We are not responsible for any property of you or your Guests, whether while in use or if left behind.

License. Your use of a Facility is a limited, revocable, non-exclusive, non-transferable license, subject to these Terms of Use. In our sole discretion, and without limiting any other rights, we may restrict, suspend, or end your access to a Facility if you violate these Terms of Use or for any other lawful reason.

Damages, repairs, and cleaning. You are responsible for leaving the Facility in the condition it was in when you arrived. You are responsible for the cost of repairing damage to, or necessary cleaning of, a Facility resulting from your or your Guests' violation of these Terms of Use, beyond normal wear and tear. If we reasonably determine that excessive repair or cleaning is required, we may charge the payment method on file in your Account for the reasonable cost of that repair or cleaning, plus an administrative fee of no more than $500 per occurrence. Any such amounts are non-refundable.

08Accounts and Registration

To book courts, join a membership, or use other Services, you need an account in the Open Play app, which is provided by our booking and membership platform, PlayByPoint ("Account"). You agree not to let any other person use your Account or transfer your Account to anyone. You are responsible for all activity that occurs on or through your Account, and for keeping your login details confidential.

Payments are processed by PlayByPoint and its payment processor. Your payment for any Services is also subject to their terms, conditions, and privacy policies and those of your card issuer. We are not responsible for any errors, omissions, or damages caused by the platform or payment processor. Details about the personal information we collect and how we use it are in our Privacy Policy.

You agree to keep the information in your Account complete, accurate, and up to date. If you do not, including by having an invalid or expired card on file, you may be unable to access our Facilities or Services. We may suspend or end your Account, and refuse any current or future use of our Facilities or Services, if you or your Guests violate these Terms of Use or provide information that is untrue, inaccurate, out of date, or incomplete.

09Video Surveillance and Recordings

For the safety and security of our members, staff, and guests, our Facilities may be monitored by video surveillance. By using a Facility, you consent to being recorded by these systems. A Facility may also use video replay technology that records play on court. You consent to the use of such technology and acknowledge that you, your Guests, and others may be recorded on video, and you consent to the display of your name, image, and likeness in those recordings.

We may use recordings for any lawful purpose, including safety, research, development, analysis, marketing, and social media, and may share them with service providers who help us operate and improve our services. We keep recordings for as long as reasonably necessary for those purposes or as required by law, and delete or anonymize them when they are no longer needed.

10Payment Terms

Fees for memberships, reservations, and other Services are as shown on the Website or in the Open Play app at the time of purchase, and are non-refundable except as stated at the time of purchase or in your membership terms. We may change our fees from time to time in our sole discretion.

When you make a reservation, a temporary authorization hold may be placed on your card to confirm that funds are available. A hold is not a charge. How long a hold remains depends on your financial institution; it is usually released within a few days. If a reservation is not confirmed, or you cancel within the allowed time, the hold is released.

You may be charged based on the length of your booking. If you use a court beyond the time you booked, you may be charged for the additional time, and you consent to such charges.

If a card charge is declined, we will ask you for a valid replacement. If you do not provide one within 48 hours, your Account may be suspended. If a payment is declined, refunded, cancelled, or charged back, you are not entitled to the return of any associated service fees. We may review or refuse any payment if we suspect fraudulent activity.

11Text Messages and Email

If you give your consent on one of our forms, we may send you text messages and make calls, which may be automated or use a pre-recorded or AI voice. Consent is not a condition of any purchase. Message frequency varies, and message and data rates may apply. Reply STOP to opt out or HELP for help. You can unsubscribe from our emails using the link in any email. How we handle your phone number and email address is described in our Privacy Policy.

12Security of the Website

You shall not violate or attempt to violate the security of the Website, including by: (a) accessing data not intended for you or logging into a server or account you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; or (c) attempting to interfere with the availability of the Website, including by submitting a virus, overloading, "flooding," "mailbombing," or "crashing" the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure. Violations of system or network security may result in civil or criminal liability.

13Copyright Infringement

If you believe that any material on the Website infringes your copyright, please email info@openplayppc.com with a description of the material and where it appears, and we will respond with instructions for sending a formal notice.

14Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Club renderings, amenities, schedules, opening dates, and prices are subject to change. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including our sponsors. Such content reflects the views of the party providing it and not necessarily those of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.

15Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

16Information About You and Your Visits

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You must not cause the Website or portions of it to be displayed, or appear to be displayed, on any other site by framing or in-line linking. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice.

18Links from the Website

The Website contains links to other sites and resources provided by third parties, such as PlayByPoint, app stores, maps, social media, and our sponsors. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for that website.

19Geographic Restrictions

The owner of the Website is based in the Commonwealth of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or the Privacy Policy, or your use of the Website, including any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

23Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be brought exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in Middlesex County, Massachusetts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24Arbitration

At the Company's or your sole discretion, either party may require the other to submit any dispute arising from these Terms of Use or use of the Website, including disputes about their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the American Arbitration Association, applying Massachusetts law and taking place in Massachusetts, on an individual and non-class action basis.

25Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms of Use will continue in full force and effect.

27Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. Your membership, reservations, and any waiver you sign may be subject to additional terms presented at the time of purchase or signing.

28Contact Information

This Website is operated by Open Play Pickleball & Padel Club. Feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: