CourtSense Policies

COMBINED CONSENT, ASSUMPTION OF RISK, WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT

CourtSense, LLC and/or CourtSense at BRC, LLC (“PROVIDER”)

This Agreement is entered into by the undersigned adult participant(s) and/or the undersigned parent(s)/legal guardian(s) of the minor participant(s) named on page one of this document (collectively, the “Participant(s)”). By signing, the Participant(s) acknowledge, confirm, and agree to the following terms:

1. ASSUMPTION OF RISK:

Participant(s) understand that athletic training, coaching, physical activity, strength training, conditioning, and use of related facilities and equipment are strenuous and inherently involve significant risks. Participant(s) knowingly, voluntarily, and expressly assume all such risks, whether known or unknown, foreseeable or unforeseeable.

2. RELEASE OF LIABILITY:

To the fullest extent permitted by law, Participant(s) hereby release, waive, discharge, and hold harmless PROVIDER and all of its owners, managers, members, officers, employees, contractors, coaches, trainers, agents, affiliates, volunteers, investors, and any persons or entities connected with PROVIDER (the “Released Parties”) from and against any and all claims, demands, causes of action, damages, losses, costs, or liabilities of any kind arising out of or in any way related to entry upon PROVIDER’s premises; participation in PROVIDER’s programs, instruction, training, services, tournaments, events, or activities; use of PROVIDER’s facilities, equipment, or property; and any activity in connection with PROVIDER’s programs. This release applies to claims arising from the ordinary negligence of PROVIDER or the Released Parties. Participant(s) understand that this waiver does not release claims based on gross negligence, reckless conduct, or intentional misconduct, where such release is prohibited by law.

3. COVENANT NOT TO SUE:

Participant agrees not to assert claims or lawsuits against any of the Released Parties that fall within the scope of the liability release described above, which applies only to ordinary negligence in connection with the athletic and recreational activities provided by PROVIDER.

4. INDEMNIFICATION:

Participant(s) agree to defend, indemnify, and hold harmless the Released Parties from and against claims brought by the Participant(s) or the minor participant, arising out of or relating to Participant(s)’ participation in activities or use of PROVIDER’s facilities, equipment, services, or programs except to the extent caused by the gross negligence or willful misconduct of the Released Parties. Parent or guardian acknowledges that this waiver applies to claims permitted by New Jersey law related to voluntary recreational and athletic activities.

5. HEALTH AND MEDICAL ACKNOWLEDGEMENT:

The adult Participant and/or the parent(s)/legal guardian(s) of the minor participant affirm that they/their child is physically able to participate safely in athletic and fitness activities; have disclosed all relevant medical conditions; and have obtained a physician’s approval for participation in exercise and sports activities. Participant(s) accept full responsibility for their own or their child’s participation in all activities and use of equipment.

6. PHOTO, VIDEO, AND MEDIA CONSENT:

Participant(s) grant PROVIDER the right to record, photograph, or film the adult and/or minor participant during activities, tournaments, programs, or events sponsored by the PROVIDER and to use such images or recordings for publicity, advertising, educational, instructional, commercial, and promotional purposes in any medium, without compensation. For minors, this consent is granted by the parent/guardian.

TERMS & CONDITIONS

COURTSENSE GROUP LESSONS:

Official Registration requires payment in full and all necessary completed forms. Acceptance and placement are based on level classification by the Director and are dependent upon availability and subject to change. Payment for all enrollments is final and non-refundable. No substitutions or sharing of an enrollment is permitted. It is the client’s responsibility to be aware of program holidays and closures. Visit www.courtsense.com under the “Programs” section to view our TRC and BRC program calendars.

MISSED GROUP PROGRAMMING:

There are no refunds, credits, or substitutions for missed group lessons. Full enrollment pricing has been reduced; we understand our clients will inevitably need to miss lessons due to illness, vacation, family emergencies, or unavoidable club closures (e.g., loss of power, inclement weather). However, in the event of a serious injury resulting in an absence of three or more weeks, players are eligible for a 50% “injured reserve” house credit to hold their spot in the program. CourtSense must be given immediate notice of an injury, along with a doctor’s note, to receive house credit. Credit will be calculated starting three weeks from the date CourtSense receives notice and extending until the player returns to the program. After three weeks, the player may also choose to completely withdraw from the program. Please note that any player choosing the option of withdrawal relinquishes his/her spot in the group. A doctor’s note is mandatory. Credit will not be issued for injuries lasting less than three weeks.

CUSTOM LESSONS & VALUE PACKS:

Maximum Player:Coach ratio per court is 4:1 for all lessons.

Cancellations:

As a courtesy to our team and other clients, please allow 24 hours’ notice for cancellations and rescheduling requests. All requests (canceling or rescheduling) must be done by calling the Front Desk. Unfortunately, we’re unable to accept cancellations made by email, text, or directly through a Coach. Cancellations/rescheduling requests that occur less than 24 hours before the scheduled lesson time are subject to a fee equal to the full lesson cost in all circumstances, including illness or injury. For Semi-private, 3-Player, and 4-Player private lessons, ALL players must cancel at least 24 hours in advance. As long as one player participates, the lesson is not canceled, and the missing player(s) are not entitled to a makeup. Cancellations/rescheduling requests that occur less than 24 hours before the scheduled lesson time are subject to a fee equal to the full lesson cost in all circumstances, including injury and illness. Late arrival will shorten your lesson time. Arrival fifteen minutes or more after your scheduled lesson time will be considered a “no-show,” and the cancellation fee will apply.

Makeups:

We will do our best to accommodate makeup lessons. However, makeups depend on the Coach and the court availability; therefore, makeups are not guaranteed. ALL makeups must be arranged with the Front Desk Staff. A makeup is any lesson held outside the original day/time agreement.

Rescheduling:

All makeups must be completed by the Value Pack’s end date. Only one client-canceled lesson per Value Pack can be credited; any other client-canceled lesson(s) not rescheduled will expire at the Value Pack’s end date. No exceptions.

Due to the unpredictable nature of the tennis business, Coaches are subject to change.

No refunds will be issued for Value Pack withdrawals, client cancellations, or missed lessons.

SUMMER JUNIOR PROGRAMS:

Terms and Conditions: Official Registration requires payment in full and all necessary completed forms. Acceptance and placement are based on level and classification by the Director and are dependent upon availability and subject to change. Payment for all enrollments is final and non-refundable. No substitutions or sharing of an enrollment is permitted. Please understand that there is no refund for any kind of withdrawal unless CourtSense is able to find a replacement. If and once a replacement is found, then there will be a refund for the full amount less the processing fee. There is no guarantee that a replacement will be found; however, traditionally, the directors have been able to find replacements from waitlists. Clients can switch from one week to another week, as long as there are still available spots in the desired weeks, and also a $30 processing fee will be charged. Missed Summer Program Days: There are no makeups for missed sessions; therefore, there are no refunds, credits or substitutions for missed group sessions.

ADULT CLINICS:

Before players can enroll in and participate in any of our Adult Programs, they need a CourtSense Level (CS Level). Players can receive a CS Level by having an on-court evaluation. This FREE evaluation will help us here at CourtSense establish the player’s CS Level, better understand their tennis goals, and guide them in choosing which programs are best. The only players who would not need an evaluation are those brand new to the game or who cannot rally from the baseline or while at the net. A discussion of those options can be done over the phone or by email.

Clinic Enrollment Options:

• Full enrollment – Your spot is reserved for each week of the trimester. Prorating is offered for those players who fully enroll after the start date of the trimester.
• Daily “walk-on” enrollment – Reserve an available spot up to one week in advance of the class date; players can even reserve an available spot the morning of the class. No commitments except for the one class.

Enrollments cannot be shared or split between players or programs/clinics. All enrollments are on a first-come, first-served basis.

Cancellation policy for all Adult Clinics: Once enrolled (Full enrollment or Daily “walk-on” enrollment), there are no makeups, credits, substitutions, or refunds provided for player cancellations.

CONTRACT COURTS & COURT RENTALS

Time and Rate Schedule:

The season consists of a set number of weeks. Thanksgiving Day and Winter Break (Winter Break dates vary each year) are not part of the season. However, these times will be available at holiday rates on an open-time basis.

Annual Membership Fee:

No Membership Fee is required to reserve a Contract Court. 

Rules & Regulations:

• The Court Captain is responsible for full payment of the Contract Court. Payment will only be accepted from the Captain.
• All contract court fees are due by an established date. If any balance is due after this date, management reserves the right to assign the intended court to another group. Court deposits will not be refunded.
• All players must have a General Information and Consent form on file at the club.
• Allocation of all courts will be at management’s discretion.
• The use of the facility is strictly at the player’s risk. The club is not responsible for injuries, accidents, damages, or loss of personal property arising from normal athletic activities on the premises. All members in the group and their guests hereby specifically waive any claims for damages arising from their use of the club facilities. The club reserves the right to cancel any contract court for any cause deemed appropriate at the sole discretion of management, including, but not limited to, failure to comply with the club’s rules and regulations.

Visit www.courtsense.com under the “Services” section for additional information.