Posted on January 7, 2019 11:27 pm

Terms Of Use

Policies and Procedures / Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement  (“Agreement”)

Thank you for choosing to play table tennis at TopSpin. We are glad that you will be joining us to play ping pong at our facility. Please review this agreement to be sure that you understand our club policies and procedures.
  1. In consideration of being permitted to play at The TopSpin Table Tennis Center, I and/or my minor child, our personal representatives, assigns, heirs, and next of kin:
  2. Acknowledge, agree and represent that I and/or my minor understand the nature of table tennis activities and that I and/or my minor child are qualified, in good health, and in proper physical condition to participate in such activity. I further agree that if at any time I believe conditions of equipment to be unsafe, I and/or my minor child will immediately discontinue further participation in the activity.
  3. Fully understand that (a) table tennis activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death (*Risks*); (b) these risks and dangers may be caused by me and/or my child’s own actions, or inaction, or the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the “releases” names below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at the time, and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I and/or my minor child incur as a result of my participation in the activity.
  4. Hereby accept and assume all such risks, known and unknown, and assume all responsibility for the losses, costs, and/or damages following such injury, disability, paralysis, or death, even if caused, in whole or in part, by the negligence of the “releases” named below.
  5. Hereby release, discharge, and covenant not to sue The TopSpin, their respective administrators, directors, agents, officers, officials, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the activity takes place, (each considered one of the “releases” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “releases” or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I and/or my minor child, or anyone on my and/or my minor child’s behalf, makes a claim against any of the releases, I will indemnify, save, and hold harmless each of the releases from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
  6. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
  7. I agree that I, and/or my minor participant, in consideration of being permitted to participate at The TopSpin, grant the TopSpin and all released parties the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with The TopSpin Table Tennis Center to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to the release are without compensation of any kind. All photographs and/or recordings are exclusive to The TopSpin Table Tennis.
  8. If the participant is a minor, I agree that this release of liability and assumption of risk agreement (*release*) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as parent or legal guardian of the minor participant to bind the minor participant to this agreement.
  9. In consideration of not being required to sign a fresh copy of this agreement before each visit, I further agree that this agreement shall apply to all future visits by me or by the minor participant until he/she is 18 years old in full, including all paragraphs.
  10. Participants agree to read and abide by club rules, and any additional rules or rule changes as announced in The TopSpin newsletter or on the website. In particular, please note our core values: respect each other, respect our equipment and the facility, be a good sportsperson, use appropriate child-friendly language, and have fun!
  11. Membership constitutes entitlement only to the use of club facilities in accordance with the rules. Membership does not confer any interest in the club property, assets or financial management.
  12. Membership fees are non-refundable. Management reserves the right to increase membership fees with a 30-day advance notice.
  13. All membership subscriptions include agreement to recurring payment subscriptions. This subscription may be cancelled online, in person, or over the phone at any time without penalty in advance of the membership renewal date.
  14. Family memberships include husband/wife/partner and children, provided the children are unmarried sons or daughters under age 18.
  15. Membership agreement is non-transferable.
  16. We reserve the right to revoke membership at any time upon violation of our rules or core values.
  17. Members shall give the club written notice of any change of address, email or phone number.
  18. The TopSpin reserves the right to charge fees for incidentals, drinks, events or special activities, league competitions, lessons, changes in membership status, returned checks, etc. The club reserves the right to change incidental fees at any time.
  19. The TopSpin shall not be responsible or liable for articles lost, stolen or damaged on the club’s property.
  20. There is a $25.00 charge for each time a check is returned to us by your banking institution.
  21. All participants must either have an active membership or pay the single day drop in fee.
  22. Coaching fees shall be paid in advance of coaching service rendered. Lesson times will not be considered reserved until payment has been received. Lesson credit is valid for up to one year from the purchase date, after which time any remaining balance will be forfeited.  
  23. No refunds or credits will be given for lessons canceled within 24 hours of the scheduled lesson time.
  24. Cancellations less than five days preceding the first class of a camp session are subject to a $50 cancellation fee.
  25. Spectators, including family members, of lesson participants may not use the recreational facilities without paying the appropriate drop-in fees or holding active membership.
  26. Equipment sales are final. Exchanges will be accepted only for unused, unopened equipment in original packaging.
  27. The TopSpin will be closed for posted holidays throughout the year. Membership fees are not prorated when the club closes due to holidays.
  28. Periodically, the TopSpin may have limited open table availability during regular business hours due to the facility being used for tournaments or other private parties/events. Any changes to regular business hours will be posted at TopSpin and on the website and other social media sites at least five days in advance.
  29. Reservation of TopSpin’s facility for private event rentals requires a deposit for the facility fees which is fully refundable up to two weeks prior to your event. Within two weeks prior to your reservation, this deposit becomes non-refundable. Full payment for the event rental is due two weeks prior to the scheduled event.