Terms and Conditions

THESE TERMS OF USE GOVERN THE ACCESS TO AND USE OF ALL WORKOUTS, SESSIONS AND OTHER EVENTS CONDUCTED BY HOOPSLINK LLC OR ANY OF ITS AFFILIATES (HEREINAFTER, "HOOPSLINK"), INCLUDING ANY SUCH WORKOUTS, SESSIONS OR EVENTS CONDUCTED UNDER THE NAME "SWISH HOUSE" OR ANY ITERATION THEREOF. BY PARTICIPATING IN ANY SEASON, WORKOUT, SESSION OR EVENT CONDUCTED BY HOOPSLINK, YOU ("MEMBER") ARE AGREEING TO THESE TERMS OF USE AND ENTERING INTO A LEGALLY BINDING CONTRACT WITH HOOPSLINK. EACH MEMBER'S MEMBERSHIP AND/OR PARTICIPATION IN ANY SEASON, SESSION, WORKOUT OR OTHER EVENT CONDUCTED BY HOOPSLINK IS CONDITIONED ON MEMBER'S AGREEMENT WITH THESE TERMS OF USE. DO NOT PARTICIPATE IN ANY SEASON, SESSION, WORKOUT OR OTHER EVENT CONDUCTED BY HOOPSLINK IF YOU ARE UNWILLING OR UNABLE TO AGREE TO, AND BE BOUND BY, THESE TERMS OF USE.

As consideration for access to certain HoopsLink services, seasons, sessions, workouts and/or events, each Member and HoopsLink hereby agree as follows:

1. Membership. Subject to the terms and conditions hereof, during the Term, Member is a member of HoopsLink, a company that provides its members the opportunity to participate in high intensity basketball-based fitness sessions. Member hereby represents and warrants to HoopsLink that Member is at least 18 years old.

2. Term. The term of this Agreement (the “Term”) shall commence as of the earlier of the date that Member signs up for a season or session with HoopsLink or the date that Member first participates in a session or other event conducted by HoopsLink and shall continue until terminated by either HoopsLink or Member in accordance with the terms hereof. In addition to the foregoing, HoopsLink and Member shall each have the right to terminate this Agreement at any time for any reason or for no reason upon written notice to the other party; provided, however, that in no event shall Member be entitled to receive a refund of any amount paid by Member to HoopsLink prior to such termination.

3. Payment. Member hereby acknowledges and agrees to pay in advance for services provided by HoopsLink at the rates then in effect for such services, which rates shall be posted on www.hoopslink.com, www.swishouse.com or otherwise made available to Member. All membership fees and/or charges are subject to change with notice to Member (it being understood that Member shall be deemed to have notice of all membership fees and/or other charges set forth on the website www.hoopslink.com or www.swishouse.com). All payments made by Member are non- refundable. Member hereby authorizes HoopsLink to charge the applicable credit card on file with HoopsLink for services provided (or to be provided) to Member by HoopsLink.

4. Rules and Regulations. Member will be subject to all rules and regulations of HoopsLink now in force or adopted in the future, including those governing the use of all facilities utilized by HoopsLink. Member agrees not to create any nuisance, disturbance or harass or threaten other members, HoopsLink personnel, guests or facilities personnel or patrons. In particular, Member hereby acknowledges and agrees that fighting or any other inappropriate physical contact is strictly prohibited at all HoopsLink sessions and events. At the election of HoopsLink, breach of any rule or regulation of HoopsLink by Member (as determined by HoopsLink in its sole discretion) may result in revocation of the membership of Member and the termination of this Agreement with no refund.

5. Changes to Membership. HoopsLink hereby reserves the right, at any time and from time to time, to (i) alter the hours of operation, the number, location, duration or time of sessions and (ii) add, modify and/or eliminate any program, facility, activity, session, or service of HoopsLink, in each case, in the sole discretion of HoopsLink.

6. Medical Conditions. Member should consult with his/her physician before using the services provided by HoopsLink or participating in any seasons, sessions or events hosted or conducted by HoopsLink. Member hereby represents and warrants to HoopsLink that Member is in good health and has no disability, impairment, injury, disease, or ailment that prevents Member from engaging in active high intensity exercise or which would cause an increased risk of injury or adverse health consequences as a result of such exercise. Member understands and acknowledges that neither HoopsLink, nor any trainer, coach, member, director, officer, employee, contractor, advisor or representative of HoopsLink has any expertise in diagnosing, examining or treating any medical condition. Member agrees that he/she will not use any services provided by HoopsLink or participate in any season, session or event hosted or conducted by HoopsLink with any medical condition including infections, maladies or inability to maintain personal hygiene, if such condition poses a threat to the health or safety of Member or others. It is Member's responsibility to consult with his/her physician to determine if any such medical conditions exist and, if so, whether such condition poses a threat to the health or safety of Member or others.

7. Personal Property. HoopsLink shall not be responsible for loss, theft or damage of any personal property of Member.

8. Acknowledgement of Risk.

a. Member understands and acknowledges that participation in HoopsLink seasons, fitness sessions, events and other activities involves certain risks, including, but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries during such participation may occur to bones, joints or muscles, and slips, falls and physical contact during such participation could result in muscular, neurological, orthopedic or other bodily injury. In addition, Member understands and acknowledges that part of the risk involved in participating in activities conducted and/or organized by HoopsLink is relative to Member’s health (physical, mental and emotional) and to the awareness, care and skill which Member conducts itself during such participation.

b. Knowing the material risk and appreciating, knowing and reasonably anticipating that other injuries are a possibility, Member hereby expressly assumes all risks of injury, all other possible risks, and even risk of possible death, which could occur by reason of its participation in seasons, sessions, events and/or other activities conducted and/or organized by HoopsLink.

c. Notwithstanding anything to the contrary contained herein, Member and HoopsLink acknowledge and agree that this Section 8 shall survive the termination of this Agreement.

9. Waiver and Release. Member hereby waives, releases and forever discharges HoopsLink, its coaches, trainers, members, directors, officers, employees, contractors, advisors and representatives from any liability to Member, its personal representatives, estate, heirs, next of kin and assigns, for any and all claims and causes of action for loss of or damage to person or property and for any and all illness or injury to Member, including, without limitation, its death, that may result from or occur during participation in any season, sessions, events and/or other activities or programs conducted and/or organized by HoopsLink, including, but not limited to its use of equipment provided by HoopsLink, whether caused by the negligence of HoopsLink, its coaches, trainers, members, directors, officers, employees, contractors, advisors or representatives or otherwise. Member hereby declares that he/she has read, understands and agrees to the contents of this Waiver in its entirety. Member understands that this Waiver is intended to be as broad and inclusive as permitted by the applicable jurisdiction and agrees that if any portion is held invalid, the remainder will continue in full force and effect. Notwithstanding anything to the contrary contained herein, Member and HoopsLink acknowledge and agree that this Section 9 shall survive the termination of this Agreement.

10. Indemnity. Member agrees to indemnify HoopsLink, its coaches, trainers, members, owners, affiliates, directors, officers, employees, contractors, advisors and representatives from liability arising in connection with the injury or death of any persons(s) and damage to property that may result from Member’s negligent or intentional acts or omissions while participating in any season, sessions, events and/or other activities conducted by HoopsLink and/or using any services offered by HoopsLink. Notwithstanding anything to the contrary contained herein, Member and HoopsLink acknowledge and agree that this Section 10 shall survive the termination of this Agreement.

11. Assignment. Member may not assign, re-sell, or transfer, directly or indirectly, to any other person or entity its rights or obligations under this Agreement.

12. Waiver. It is understood and agreed that no failure or delay of either party to this Agreement, in exercising any right, power, or privilege provided under this Agreement, shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power, or privilege provided under this Agreement.

13. Governing Law. This Agreement shall be governed by the laws of the State of Illinois.

14. Enforcement. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect, and the provision held invalid or unenforceable shall be deemed modified so as to give the provision the maximum effect permitted by applicable law.

15. Attorneys’ Fees. In the event that either party institutes legal proceedings against the other for breach of or interpretation of this Agreement, the party against whom a judgment is entered will pay all reasonable costs and expenses relative thereto, including reasonable attorneys’ fees of the prevailing party at pre-trial, trial and all appellate levels. Notwithstanding anything to the contrary contained herein, Member and HoopsLink acknowledge and agree that this Section 15 shall survive the termination of this Agreement.

16. Dispute Resolution and Arbitration; Class Action Waiver.

All Disputes (as defined below) between you and the Company (as defined below) shall be resolved by binding arbitration.  Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this Section, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Section, “the Company” means Hoopslink LLC and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding, arising out of or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND THE COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to HoopsLink LLC, 721 S. May Street, Chicago, IL 60607, Attn.: Legal Department, Telephone: (937) 409-0143.  That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek.  If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court or, to the extent it has jurisdiction, an equivalent authority; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to HoopsLink LLC, 721 S. May Street, Chicago, IL 60607, Attn.: Legal Department, Telephone: (937) 409-0143.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Section applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1 (800) 778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1 (800) 352-5267.  This Section governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Site, the mobile applications, and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or the Company may initiate arbitration in either Chicago, Illinois or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – The Company will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law. 

Class Action Waiver

Except as otherwise provided in this Section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Company specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Site or the mobile applications can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into these Terms, to the extent that a civil jury trial would otherwise be available to you and the Company, you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court (except where applicable law prohibits such a waiver).  In the absence of this Section, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court.

If this Section as a whole is not enforceable for any reason, then, except where ‎prohibited by ‎law ‎, you agree that exclusive jurisdiction and venue in any legal ‎proceeding directly or ‎indirectly arising out of or relating to any ‎Dispute will be ‎decided in the courts located in Chicago, Illinois.

Continuation

This Section shall survive the termination of your service with the Company or its affiliates.  Notwithstanding any provision in these Terms to the contrary, we agree that if the Company makes any change to this Section (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the present language in this Section if a dispute arises between you and the Company.

17. Video and Photograph Release

You hereby grant Hoopslink the irrevocable right and permission to use photographs and/or video recordings of You on Hoopslink and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other purpose without compensation to You. 

You understand and agree that such photographs and/or video recordings of you may be placed on the Internet.  You also understand and agree that You may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of You.  You waive the right to approve the final product.  You agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Hoopslink.  

You hereby release, acquit and forever discharge Hoopslink, its current and former managing members, members, managers, direct and indirect owners, agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.

You hereby warrant that You are eighteen (18) years old or more and competent to contract in Your own name or, if You are less than eighteen years old, that Your parent or guardian has agreed to these terms and conditions, including, without limitation, this release.  The release set forth in this Section 17 and the other terms and conditions set forth herein are binding on You and Your heirs, assigns and personal representatives.