TERMS OF USE

This Agreement (“Contract” or “Agreement”) is a legally binding contract between you (“You”), as a member, a registered guest and/or event participant, and Clear Skies Hospitality, LLC, an Illinois limited liability company, d/b/a SPF Pickleball (“SPF,” “Club,” “we,” or “us”). By signing this Agreement, you are agreeing to be bound to the terms of this Agreement. As a legally binding document, you may want to consult with legal counsel of your choosing and at your cost to provide advice to You regarding its terms. By signing this document, you are representing that you have the capacity to do so, including being at least 18 years of age. The terms of this Agreement (the “Terms”) are in addition to: the Terms of Service relating to use of the SPF website or application, which terms can be found at: https://www.playspf.com/terms-and-conditions; and the Privacy Policy, which can be found at: https://www.playspf.com/privacy-policy. This Agreement, among other things, governs your access to and use of SPF facilities, coaches, and events at a SPF facility. SPF reserves the right to change or modify these Terms at any time and without prior notice to you. Any changes or modifications to this Agreement will be effective upon the changes being posted to the website at https://www.playspf.com. By executing this Agreement, you are agreeing to review the website for updates to this Agreement.

1. General Use. You agree and understand that you will only use SPF facilities and services: 1) in a manner that complies with the applicable laws of the location where you are using them; 2) for personal non-commercial uses; and in compliance with the rules and regulations of the SPF facilities you are using; and 4) in compliance with this Agreement.

2. Guests. You agree and understand that any Guests you invite and/or allow to use SPF facilities and services must also comply with the requirements in the preceding paragraph and that ultimately it is your responsibility to ensure that they do. You are responsible for any Guests you invite to use SPF facilities, including their conduct and compliance with the requirements above. You are responsible for ensuring that your Guests sign the waiver of liability form HERE.  You agree to be responsible for any damage or violation that occurs as a result of the behavior of You or your Guests. It is your responsibility to inform your Guests of our policies and ensure that they abide by them. You agree you will not allow your Guests to use SPF facilities without your physical attendance at all times.

3. Prohibited Activities. You agree that neither you nor any of your Guests shall: 1. Use the Services for any inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling, prostitution, pornography, sexual activity, violent, dangerous, or threatening behavior, or any other purpose unrelated to engaging in the sport of pickleball or any other sports or games offered at SPF facilities or which is reasonably likely to reflect negatively on SPF. 2. Smoke or vape in the SPF facilities or allow any candles, incense sticks, or naked flames in them. 3. Make excessive noise in the SPF facilities (including the parking lot servicing any SPF facility, nor create any noise, music or loud sounds, nor conduct any other activity which would in SPF’s judgment disturb other SPF clients, guests, other tenants in any building containing SPF facilities or nearby residents. 4. Damage, alter, install, remove, or modify any fixtures, equipment, machinery, or appliances in any SPF facilities. 5. Allow persons under the age of 18 to use SPF facilities without being accompanied by at least one adult supervisor over the age of 18. 6. Charge any fee to any person in connection with the use of a SPFfacility, whether for private lessons or otherwise, without SPF ’s express written consent. 7. Treat other users of SPF facilities in a discourteous, disrespectful or inappropriate manner. 8. Fail to wear appropriate clothing, including failing to wear: a shirt; pants, shorts, dress, or skirt; or athletic footwear. 9. Fail to wear non-marking shoes on any pickleball court. 10. Wear clothing bearing obscene content or images.

4. Responsibility for Personal Property. SPF is not responsible for any property of you or your Guests.

5. Reporting Misconduct: If you believe that any person associated with SPF or any person in SPF’s facilities, have interacted with you or others, whether online or in person, inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SPF. Note, however, that your reporting the activity to us does not obligate SPF to take any action beyond that required by law, if any, or cause us to incur any liability.

In order to access any SPF facility or use any of SPF’s services, you need to create an account through SPF’s website or its application (“Account”). You agree you will not authorize any other person to use your Account or transfer your Account to them. You are responsible for all activity that occurs on or through your Account.
To create an Account, you will be asked to provide us with certain of your personal information, including your name. In order to access any of the Services you will be asked to provide additional information such as your email address, mobile telephone number and credit card information. We use a third-party payment processor, Stripe (the “Payment Processor”) to process payments or credits in connection with your use of the Services. Your payment for any Services will also be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer. SPF is not responsible for any errors, omissions or damages caused or made by the Payment Processor. Further details about the personal information we collect and how we use it are set out in our Privacy Policy. More information about the Payment Processor may be found at https://stripe.com.
You agree to maintain complete, accurate, and up-to-date information in your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use SPF’s facilities and/or services.
SPF can suspend or terminate your Account and/or to refuse any and all current or future use of its facilities or service for any reason, if you or your Guests violate this Agreement in any respect, or provide information that is untrue, inaccurate, not current or incomplete.

1. Video Surveillance: For the safety and security of SPF members, staff, and guests, our facilities are monitored by video surveillance. You agree, both in this Agreement, and by using SPF facilities that you consent to being recorded by these systems.

2. SPF facilities make use of video replay technology, which allows recording of your activities at a SPF facility (for example, you may order a video replay of a specific shot).You consent to the use of our video replay technology and acknowledge that you, your Guests, and others may be recorded on video. You also consent to the display of your name, image, and likeness in any such recordings. We may use the recorded data for any lawful purpose, including but not limited to, research, development, analysis, marketing, and social media. We may also share the recorded data with third-party service providers who assist us in improving our service. We may retain the recorded data for as long as reasonably necessary to achieve the purposes for which it was collected, or as required by law. We may delete or anonymize the recorded data when it is no longer needed.

You acknowledge that your use of the SPF’s facilities does not constitute a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to the terms in this Agreement. In its sole discretion and without limiting any other rights hereunder, SPF may restrict, suspend, or terminate your access to SPF facilities in the event of fraud, trespassing, or violation of these Terms, or for any other lawful reason in the sole discretion of SPF.

You are responsible for leaving SPF facilities in the condition it was in when you arrived. You are responsible for the cost of repair for damage to, or necessary cleaning of, SPF facilities resulting from your or your Guests’ violation of the terms of this Agreement in excess of normal “wear and tear.” If SPF, in its reasonable discretion, determines that excessive repair or cleaning is required, SPF reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed $500 US Dollars per occurrence, and you agree to be responsible for payment of same. Any such amounts are non-refundable.

Any fees which SPF may charge you for the use of the SPF facilities or any of SPF’s services will be as set out on the SPF website or in its application at the time of purchase, and are non-refundable except as specifically noted with respect to your reservation or payment. SPF may change the fees at its sole discretion.

When you make a reservation on our website, we may place an authorization hold on your credit or debit card to ensure that funds are available for payment. The hold amount will be equal to the total reservation amount, including any applicable taxes and fees. Please note that the authorization hold is not a charge, and the funds will not be debited from your account at the time of reservation. The hold is simply a temporary hold on your funds to ensure that they are available for payment when your reservation is confirmed. The length of time that the authorization hold remains on your account may vary depending on your financial institution. Typically, holds are released within a few days of the reservation, but some financial institutions may take longer. Payment for your reservation will be processed once the reservation is confirmed. If the reservation is not confirmed, the authorization hold will be released and the funds will be returned to your account. If you cancel your reservation within the allowed time period, the authorization hold will be released and the funds will be returned to your account.

You agree that you shall be charged fees based on the length of time of your booking of the SPF facilities. If you exceed the amount of time for which you booked a SPF facility, then you shall be charged for such excess time. You do hereby consent to such excess time charges and to such overage charge.

If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your Account. If a payment is declined, refunded, cancelled, or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation, or charge back. SPF reserves the right, at its sole discretion, to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or for any reason whatsoever.

You will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the SPF website or application or any component thereof or any content therein, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise with respect to any intellectual property rights owned or controlled by SPF or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by SPF.

All intellectual property rights in and to the SPF website and/or application and any component thereof, and the SPF facilities, including, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of SPF or are licensed to SPF. You agree to abide by all applicable patent, trademark, copyright, and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained on the SPF website or application and any component thereof. Any use of materials on the SPF website or application other than as permitted by this Agreement, including reproduction, modification, distribution, or republication, without prior written permission of SPF is absolutely prohibited. “SPF”, the SPF logo and other trade and/or service marks are the exclusive property of SPF (expressly including “Cucumber Club” and “Protect Your Fun”) and may not be used for any of the aforementioned purposes. Infringement of the rights in and to the SPF website or application will, in addition to any other right or remedy available to SPF, in and of itself, result in the termination of all your rights under this Agreement.

You consent to SPF sending you SMS messages in relation to your bookings and use of SPF facilities and for promotional purposes. Message and data rates may apply. SPF reserves the right to stop sending SMS messages at any time; you may opt-out at any time by replying from your mobile phone to any text from SPF with the word STOP, which opt-out will become effective within seven (7) days. It is important to note that opting out of SMS messaging may prevent you from receiving information necessary to properly use the facilities or services of SPF, such as room access codes and other important information.

During use of SPF’s website, application, facilities, or services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through and with the approval of SPF. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. SPF and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, services, or promotion between you and any such third party. In no event shall SPF or its licensors be responsible for any content, products, services, or other materials on or available from such third-party providers. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and SPF disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
SPF may rely on third-party advertising and marketing supplied through the SPF website, application or at its facilities. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with in relation to the SPF website, application, or facilities.

You agree to release, defend, indemnify, and hold harmless SPF and its respective officers, directors, agents, subsidiaries, joint ventures, employees, landlords, tenants and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of your our your Guests’: (1) improper use of or access to the Service; (2) violation of any provision contained in this Agreement; (3) violation of any law or the rights of any other third party (including, without limitation, any copyright, intellectual property or privacy right); or (4) any claim that you or your Guests caused damage to any of the SPF facilities. This indemnification obligation will survive the termination of this Agreement.

WE PROVIDE OUR SERVICE AND ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PICKLEMALL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU. YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE LOCKING MECHANISM, IF ANY, USED FOR THE PICKLEMALL FACILITIES IS PROVIDED BY A THIRD PARTY, AND THAT SPF SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) SPF FACILITIES ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY SPF AND SPF MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO. ADDITIONALLY, SPF MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY SPF SPACE FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE SPF FACILITIES AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES. WE DO NOT WARRANT THAT THE SPF WEBSITE, APPLICATION OR FACILITIES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT ANY OF THEM WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORIZED ACCESS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, ORIGINATING EITHER FROM PICKLEMALL OR ITS PROVIDERS. NEITHER YOU NOR US SHALL HAVE ANY LIABILITY TO THE OTHER ARISING FROM CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD OR NATURE, POWER, COMMUNICATIONS, SATELLITE OR NETWORK FAILURES, UNAUTHORIZED ACCESS OR THEFT, ACTS OF WAR OR TERROR; OR LABOR DISPUTES OR STRIKES.