Facility Use Terms

I. OVERVIEW
St. Pete Athletic Paddle & Social Club (“St. Pete Athletic”) is a paddle sports and social gathering facility operating in St. Petersburg, Florida for the pleasure and recreation of its members, their family members, guests and non-members alike. Each user of St. Pete Athletic facilities shall be known as a “Facility User.”
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II. ACCESS
Each Facility User will access St. Pete Athletic as either a Club Member or as the general public. Regardless of whether the Facility User is a Club Member or the general public, all Facility Users acknowledge and agree to the following:

Operations
St. Pete Pickle Ball Operations LLC, a Florida limited liability company, D.B.A. St. Pete Athletic (the “Company”), is responsible for the operations and management of St. Pete Athletic and its facilities (“Club Facilities”). References herein to the “Club” shall be to the Company or its affiliates as operator of the Club Facilities through on-site management.

Rules
Each Facility User acknowledges and agrees that use of the Club Facilities shall be subject to and in accordance with the Rules and Regulations (“Rules”) of St. Pete Athletic, as the same may be amended, modified or supplemented by the Club from time to time in the Club’s discretion. A copy of the current Rules can be found at https://stpeteathletic.com/rules.

Schedule of Dues, Fees & Charges
Each Facility User acknowledges and agrees that the Club will establish all dues (if applicable), fees and charges for the usage and access to the Club Facilities and furthermore, that the Club may in its discretion, at any time, and without notice, amend, modify or supplement the dues, fees and charges. A copy of the current Schedule of Dues, Fees & Charges can be found at https://stpeteathletic.com/fees.

Membership Option
Each Facility User that elects to become a “member” acknowledges and agrees that they are also subject to the membership terms as further detailed in Section III below.

Waiver, Release and Indemnification
Each Facility User as a condition precedent to access and use the Club Facilities, assumes responsibility for his or her actions and for persons using the Club Facilities and the premises of St. Pete Athletic. Furthermore, each Facility User acknowledges and agrees that the Rules requires the Facility User to waive, release and indemnify the Indemnified Parties (as defined in the Rules) from any and all Claims (as defined in the Rules) as a condition precedent to access and use of the Club Facilities. Each Facility User expressly acknowledges and agrees to having read, understand and consented to all of the Rules, including, but not limited to, the waiver, release and indemnification provisions therein. Each Facility User also acknowledgers and agrees that but for the Facility User’s agreement to this condition precedent, the Club would not permit access to the Club Facilities or the premises of St. Pete Athletic.

Photo Release
In exchange for the opportunity to appear in advertisements, along with other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, each Facility User hereby grants to the Club and its affiliates, partners, successors and assigns, the irrevocable, perpetual and unrestricted right and permission to take, use, reuse, publish and republish photographic pictures, videos, renderings of the Facility User or in which the Facility User may be included, in whole or in part, in composite or distorted in character form, without restriction as to the changes or alterations in connection with their own or fictious name, in any and all media form now or hereafter known. Each Facility User further consents to the use of any published matter in conjunction with such media and hereby waives and any all rights that they may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied or to any royalties associated therewith. Each Facility User hereby warrants and represents that they are of full age and have the right to contract in their own name.

Waiver - Technology Service Providers
The Club reserves the right to contract with third party technology companies such as PodPlay, Square, or such other third party technology company, each referred to as a “Tech Company”), which provides for enhanced experiences at St. Pete Athletic. If the Club arranges for such services, then Facility Users acknowledge, agree and consent to the following:Tech Company shall be permitted to collect, store, process and use, any profile data or other data from or about such Facility Users to the extent permitted by applicable laws (including without limitation collection and replay of any video and audio recordings of them and their likenesses when on premises at St. Pete Athletic). The Club has provided Facility Users with all required disclosures and obtained all necessary consents and opt-ins from its Facility Users, to allow such recording, replay, collection, storage, processing and use of such video and data. If and to the extent Tech Company or their respective affiliates has information from Facility Users directly as customers of Tech Company or their respective affiliates, then Tech Company shall own such customer data.Tech Company shall not be responsible for any liability between the Club and Facility Users. The Club has disclosed to Facility Users: (i) the Club (and not Tech Company) is solely responsible for all services, facilities, equipment, and other materials the Club provides to Facility Users (ii) that Tech Company shall have no liability whatsoever to Facility Users, (iii) that Tech Company is not responsible for any disputes between the Club and the Facility Users, and (iv) with respect to use of the Tech Company’s Services by Facility Users, Facility Users are responsible for and subject to at least all the same disclaimers and limitations on liability as herein, which has been fully disclosed to Facility Users by the Club.

III. MEMBERSHIP – This Section applies to Club Members Only
‍If the Facility User desires to acquire a membership at St. Pete Athletic, then as a “member”, in addition to the foregoing terms and conditions, the following terms and conditions apply:

I understand that as a member I agree to the membership agreement (a copy of which is available at https://stpeteathletic.com/memberagreement and abide by the terms and conditions of the membership agreement. I am also required to abide by the terms of this Facility Use Terms and the Rules, as amended, modified or supplemented by the Club in its discretion from time to time.

I also understand that in order to reserve my membership at St. Pete Athletic, I am required to pay to the Company the initial month dues (“First Month Dues”) in the amount set forth on the Schedule of Dues, Fees & Charges.

I further acknowledge and agree that the First Month Dues is non-refundable but will be credited towards my initial month of the annual dues obligation that commences upon the Club opening for play. The amount of the annual dues commitment shall be set forth on the Schedule of Dues, Fees & Charges.I acknowledge that the Schedule of Dues, Fees & Charges is subject to change in the Club’s discretion from time to time.