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.