1. SUMMARY OF TERMS AND ACCOUNT CHARGES RECURRING DUES MEMBERSHIP BASICS
● As a recurring dues member, you are agreeing to pay for your membership on a recurring dues basis.
● If your recurring dues membership is for a term of one month or less, then your membership is considered “month-to-month.”
You may cancel your month-to-month membership at any time with a 5-day advance written notice.
● If your recurring dues membership is for a term greater than one month, then your membership is considered for a “fixed
term.” Term memberships end automatically at the conclusion of the initial term and will not auto-renew. With limited
exception, cancellation of a Term membership prior to the expiration of the fixed initial term will incur an additional early
termination fee.
● Your recurring dues billing will begin on the date of submission and will continue on the first of each month thereafter until you properly cancel or, as applicable, the agreement ends.
● You expressly authorize AD•IN, or its third-party billing services provider, to draft your account each month for any dues, fees or
other charges.
2. DEFAULT AND LATE PAYMENTS
If you default on any payment obligation as called for in the Agreement, then AD•IN will have the right to declare the entire remaining
balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to, collection
agency fees, court costs and attorneys’ fees. Default will occur where a scheduled payment due under this Agreement is not paid for a
period of 90 days or more. A SERVICE FEE NOT TO EXCEED $50 MAY BE CHARGED BY AD•IN IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS, OR FOR ANY OTHER REASON. IF A PAYMENT BECOMES MORE THAN FIVE (5) BUSINESS DAYS PAST DUE, YOU MAY BE CHARGED A LATE FEE NOT TO EXCEED $50. AD•IN reserves the right to suspend services or revoke membership rights where an invoice is unpaid. You expressly consent to these actions being taken, and agree that all fees described in this section are reasonable.
3. CONSENT TO AUTO-RENEWAL
(All references to “I” or “me” in this section shall refer to you) MONTH-TO-MONTH: I understand that my membership will continue to renew monthly until I properly cancel, that proper cancellation requires me to provide AD•IN with a 5-day advance written notice of
cancellation, and that I will be expected to pay all dues, fees and charges associated with my account.
FIXED TERM: I understand that my Agreement is for a fixed term and will not auto-renew at the end of the initial term; my Agreement
will end automatically.
4. CANCELLATION TERMS
4.1 RESCISSION RIGHTS. IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH
FACILITY, YOU MAY RESCIND (CANCEL) THIS CONTRACT BY EMAILING TO THE HEALTH FACILITY BY MIDNIGHT OF THE FIFTH BUSINESS DAY BEFORE THE NEXT MONTH STATING YOUR DESIRE TO RESCIND THIS CONTRACT. THE WRITTEN NOTICE MUST BE EMAILED TO sylvia@advantageindoor.net.
4.3 TERMINATION OF RECURRING DUES MEMBERSHIP. If you are a month-to-month member, you may terminate this Agreement at any time by providing AD•IN with a 5-day advance written notice. There is no early termination fee for a month-to-month membership. If you are a fixed term member, you may not cancel unless you move or physically cannot participate at the health facility. If you are a fixed term member, your Agreement will terminate automatically at the end of the initial term; to continue services you must speak with a member of AD•IN’s staff. Whether you are a month-to-month or fixed term member, once AD•IN receives your written notice of cancellation, your membership will remain active until the expiration of your then-current billing cycle. Services not used by the expiration of your then-current billing cycle after sending in your notice of cancellation will be forfeited and lost, and no refund will be issued.
4.4 REFUNDS. If you properly rescind or cancel your membership, AD•IN will “turn off” the EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to you within the time prescribed by state law.
S&L TENNIS, LLC has no obligation to pay a refund on classes or services that you have used.
4.5 NOTICE. All notices under this Agreement may be delivered in person to the studio, or sent via certified mail to AD•IN 3035
Crossview Drive Houston, TX 77063.
5. RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY
USING THIS STUDIO OWNED BY S&L TENNIS LLC D/B/A AD•IN, INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY AD•IN, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE S&L TENNIS LLC, D/B/A AD•IN, AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF AD•IN, INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING AD•IN FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN AD•IN ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS
AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BYYOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND AD•IN ARE PROVIDING INSTRUCTIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT AD•IN.
6. DISPUTE RESOLUTION (U.S.)
OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH AD•IN, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, MAY BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH AD•IN; THEN, IF UNSUCCESSFUL, BY NON-BINDING MEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A LOCATION NEAR YOUR STUDIO OF ENROLLMENT. YOU AND AD•IN FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO AD•IN AT AD•IN 3035 CROSSVIEW DRIVE HOUSTON, TX 77063 WITHIN 90 DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST BE SPLIT EQUALLY. ARBITRATION COSTS WILL BE BORNE BY AD•IN IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR.
7. OTHER TERMS AND CONDITIONS
7.1 MEDICAL CONDITIONS. BEFORE USING AD•IN’S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE AD•IN AND SHALL INDEMNIFY AD•IN, ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
7.2 CUSTOMER SERVICE. Any questions about this Agreement or issues with your membership can be directed to a AD•IN manager
at AD•IN 3035 CROSSVIEW DRIVE HOUSTON, TX 77063, or call 713-784-4010.
7.3 CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify AD•IN in writing of any changes in your billing information, address or telephone number. You expressly permit AD•IN, or its authorized billing company, to obtain such updated
information through payment card networks, card issuers or other third parties.
7.4 DRESS CODE. Proper athletic attire is required. AD•IN reserves the right to make the final determination in its sole discretion with
regard to appropriate attire.
7.5 SMOKING. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all AD•IN.
7.6 LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of AD•IN. AD•IN shall not be
liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable
securities, and other items left by you or your guests.
7.7 LATE CANCEL AND NO-SHOW FEES. You may be charged a “late cancel fee” not to exceed $20 when you book a AD•IN court
and fail to cancel the scheduled appointment within at least 2 hours before the start of the class. A “no-show fee” not to exceed $20 may
apply if you reserve a court and fail to show for the court before the start time of the court reservation. Specific fees for late cancel or
no-show are available upon request at AD•IN.
7.8 DESCRIPTION OF SERVICES; HOURS OF ACCESS. AD•IN’s services are court reservation based, lessons, and group classes
led by a AD•IN instructor. In order to utilize AD•IN’s services or facilities, you may reserve in person or by calling 713-784-4010. Your
AD•IN membership shall include access to the club. AD•IN intends to make available to all of its members during its designated hours
and days of operation the following equipment and services: indoor tennis courts, indoor pickleball courts, cardiovascular, strength and
conditioning equipment and apparatus. AD•IN provides instructor-led private and group exercise classes for member and non-member
use and reserves the right to revise its list of equipment and services at any time for any reason.
7.9 PRIVATE TRAINING. Use of private trainers or instructors not approved and employed by AD•IN is prohibited. You may not train or instruct other members or guests, conduct business activity or solicit any business at AD•IN.
7.10 CHILDREN’S USE. Children under the age of 12 are not permitted in the club unless they are actively involved and enrolled in a
class or session and have a parent or guardian present at AD•IN.
7.11 IMAGE USE. You understand that while on AD•IN premises, your, or your minor child's image (including live or recorded video
images), may be used or shown on the AD•IN’s website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by
entering the premises you consent to the use of these images. You acknowledge that AD•IN is under continuous 24/7 video surveillance
for security and training purposes.
7.12 NON-DISCRIMINATION. AD•IN represents that it will not discriminate against any person because of sex, race, creed, age, color,
origin, sexual orientation, or ancestry in considering applications for memberships.
7.13 MEMBERSHIP TERMINATION. AD•IN reserves the right to terminate your membership for any reason not expressly prohibited
by law. In the event of termination, AD•IN will notify you in person or send you a written notice of termination to your address on file, and refund you any unused prepaid dues.
7.14 CHANGING THE TERMS, RULES AND REGULATIONS. AD•IN may, at its sole discretion, change any term in this Agreement,
which will become effective upon (a) AD•IN providing you with written notice of the proposed change; and (b) giving you 30 days after
your receipt of such notice in which to cancel your Agreement, penalty free, or renegotiate the change as to you. If, after a change is
announced, you pay the next month’s invoice, you will be considered to have accepted the change.
7.15 ENTIRE AGREEMENT. Verbal agreements with an AD•IN employee will not be accepted as valid. Except as expressly provided
herein, only this Agreement, and all rules and regulations of AD•IN, as revised from time to time, constitute the entire and exclusive
agreement between you and AD•IN, and supersede all prior written and/or oral promises, representations, understandings and/or
agreements relating to this membership purchase.
7.16 INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will
be valid and enforceable.
7.17 GOVERNING LAW. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any
litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.
7.18 LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages.
Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told
the other party that they might suffer these damages.
7.19 PREVAILING PARTY. In the event of any litigation arising from breach of this Agreement, or the services provided under this
Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff
time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
7.20 CONSENT TO CONTACT. By electronically signing the Agreement, you are giving AD•IN and its authorized vendors consent to
contact you by email, text message or telephone to the contact information as described in your account, including the mobile phone
number provided, for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased
services, and/or promotions that may be of interest to you. You may update your communication preferences, or revoke your consent to
receiving promotional messages at any time. You expressly consent to receive autodialed and/or prerecorded messages from or on
behalf of AD•IN and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text
rates apply). Your consent is not a condition of purchase.
7.21 ELECTRONIC SIGNATURES. The parties agree that this Agreement may be electronically signed. The parties agree that the
electronic signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and
admissibility. By checking the box “I AGREE” or “I CONSENT,” or words to similar effect, and clicking enter, you acknowledge and agree that these actions constitute your electronic acceptance of the Agreement.