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.”
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 of the Club Facilities, assumes responsibility for his or her actions and for persons using the Club Facilities and the premises of St. Pete Athletic, including without limitation any minor child of the Facility User (a "Minor Child") who accesses or uses the Club Facilities. If a Facility User's Minor Child accesses or uses the Club Facilities, the Facility User represents and warrants that he or she is the parent or legal guardian of the Minor Child with full legal authority to consent to the Minor Child's use of the Club Facilities and to bind the Minor Child to the Rules to the fullest extent permitted by applicable law. Furthermore, each Facility User acknowledges and agrees that the Rules require the Facility User, on behalf of himself or herself and, to the fullest extent permitted by applicable law, on behalf of his or her Minor Child, to waive, release and indemnify the Indemnified Parties (as defined in the Rules) from any and all Claims (as defined in the Rules), including any Claims arising from or relating to the Minor Child's access to or use of the Club Facilities, as a condition precedent to access and use of the Club Facilities. Each Facility User further agrees to indemnify, defend and hold harmless the Indemnified Parties from any and all Claims arising out of or relating to the acts or omissions of the Facility User's Minor Child while accessing or using the Club Facilities. Each Facility User expressly acknowledges and agrees to having read, understood and consented to all of the Rules, on behalf of himself or herself and his or her Minor Child, including, but not limited to, the waiver, release and indemnification provisions therein. Each Facility User also acknowledges 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 to the Facility User or the Facility User's Minor Child.
Waiver – Third-Party Childcare Services
The Club has arranged for Club Run x Play LLC ("Childcare Provider"), an independent business operating as a subtenant of the Club pursuant to a separate sublease agreement, to offer supervised, drop-off style childcare services (limited to a maximum of two (2) consecutive hours per visit) to Facility Users who are current Club members or their registered guests ("Childcare Services"). If the Club makes Childcare Services available, each Facility User acknowledges, agrees and consents to the following:
Independent Operator. Childcare Provider is not an employee, agent, partner, joint venturer, or representative of the Club, and the Club exercises no control over Childcare Provider's staffing, hiring, training, curriculum, supervision ratios, or day-to-day childcare operations. Childcare Provider is solely responsible for all aspects of the Childcare Services.
Separate Registration Required. Use of Childcare Services requires the parent or legal guardian to independently register with, and execute and agree to all registration, waiver, liability release, indemnification agreement, emergency contact, and medical consent forms required by, Childcare Provider. These Facility Use Terms and Rules do not substitute for, and are in addition to, Childcare Provider's own required forms. The Club has no obligation to verify a parent's or guardian's compliance with Childcare Provider's separate requirements.
No Warranty; No Liability for Childcare Operations. The Club makes no representations or warranties regarding Childcare Provider's licensure, staffing, qualifications, insurance, supervision practices, or the safety, health, conduct, or wellbeing of any child while in Childcare Provider's care. The Club (and not Childcare Provider) is solely responsible for the Club Facilities generally; Childcare Provider (and not the Club) is solely responsible for the Childcare Services and anything occurring during a child's time in its care, custody, or control.
Each Facility User releases, waives, and agrees to indemnify and hold harmless SPA, its affiliates, owners, officers, directors, employees, and agents ("SPA Parties") from any and all claims, liabilities, damages, losses, or costs (including reasonable attorneys' fees) arising out of or related to the childcare services performed by Company, to the same extent as Company is released and indemnified herein, except to the extent caused by SPA's own gross negligence or willful misconduct, and except as otherwise prohibited by applicable Florida law. This indemnification obligation extends to and covers claims brought against SPA Parties by any third party arising out of or related to the Childcare Services — including without limitation claims brought by another parent or guardian, another child's family, a Childcare Provider employee or contractor, or any regulatory or licensing authority — regardless of whether that third party is a signatory to this waiver.
Dispute Resolution & Limit of Liability. Any claim by a Guardian against SPA Parties arising out of the childcare services shall be subject to SPA's arbitration provisions set forth in its Rules. In no event shall the aggregate liability of the SPA for any and all claims arising out of or related to the childcare services exceed the total amount of fees actually paid for the childcare services giving rise to the claim. This limitation applies only to claims arising out of or related to the childcare services and does not otherwise limit any other liability provision applicable to the SPA facilities generally. In no event shall SPA be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, loss of use, or emotional distress, even if advised of the possibility of such damages.
Release and Indemnification Extends to Childcare Provider. Childcare Provider, its owner(s), operator(s), employees, and agents are included within the definition of "Indemnified Parties" under the Club's Rules. Each Facility User, on behalf of themselves and their family members and guests, releases, waives, and agrees to indemnify and hold harmless the Indemnified Parties (including Childcare Provider) from any and all Claims arising out of or related to the Childcare Services, to the same extent as set forth in the Rules, except to the extent prohibited by applicable Florida law.
Emergency Medical Consent. In the event a parent or guardian cannot be immediately reached during an emergency, each Facility User authorizes Childcare Provider (and Club staff, if applicable) to seek emergency medical treatment for the child, with the parent or guardian remaining responsible for all resulting costs.
No Guarantee of Availability. The Club may modify, suspend, or discontinue the availability of Childcare Services at any time, in its sole discretion, without liability.
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.
Minor Children of Facility Users.
If a Facility User's minor child ("Minor Child") accesses or uses the Club Facilities, the Facility User represents and warrants that he or she is the parent or legal guardian of the Minor Child with full legal authority to consent to the Minor Child's use of the Club Facilities and to bind the Minor Child to these Terms and the Rules to the fullest extent permitted by applicable law. By permitting a Minor Child to access or use the Club Facilities, the Facility User agrees, on his or her own behalf and, to the fullest extent permitted by applicable Florida law, on behalf of the Minor Child, to be bound by these Terms and the Rules with respect to the Minor Child's access to and use of the Club Facilities.
Each Facility User acknowledges that, under Florida law, this Section does not release or waive any claim the Minor Child may have in their own right for injuries caused by the negligence of St. Pete Athletic or the Indemnified Parties. Each Facility User nonetheless personally agrees to:
1. Assume responsibility for the Minor Child's conduct while accessing or using the Club Facilities;
2. Release and waive, on the Facility User's own behalf, any claim the Facility User may have arising from the Minor Child's use of the Club Facilities, except claims arising from gross negligence or willful misconduct;
3. Indemnify, defend, and hold harmless the Indemnified Parties from any and all Claims arising out of or relating to the Minor Child's acts or omissions while accessing or using the Club Facilities; and
4. Consent to emergency medical treatment for the Minor Child as described in the Rules.
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. 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.
