Terms and Conditions
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At Hit Elite we understand that unanticipated events happen, and you may need to cancel or reschedule your lesson. Please review our cancellation policy below:
Individual Lesson Cancellation:
1. Advance Notice: Cancellations made between 24 and 48 hours before a scheduled lesson will incur a $24 fee. If you cancel with less than 24 hours’ notice, the full lesson fee will apply.
2. Late Cancellation/No-Show: If you cancel a lesson with less than 24 hours' notice or do not show up for a scheduled lesson, you will be charged the full lesson fee.
Group Lesson Cancellation:
1. Advance Notice: For group lessons, we require a minimum of 48 hours' notice for any cancellations or changes. This ensures that other participants can be notified and arrangements can be made accordingly.
2. Late Cancellation/No-Show: If you cancel a group lesson with less than 48 hours' notice or do not attend as scheduled, the full lesson fee will be charged.
Late arrival:
Students are kindly urged to be punctual for their scheduled lessons. In case of a late arrival, the lesson's end time will not be extended beyond the originally set time. Whether to extend the lesson's end time is at the discretion of the instructor.
Inclement Weather:
In the event of adverse weather conditions that make it unsafe or impractical to conduct the lesson, we will work with you to reschedule the lesson at no additional charge.
Rescheduling:
You may reschedule a lesson without penalty if done within the advance notice period. All rescheduling is subject to instructor availability.
Instructor Cancellation:
In the rare event that an instructor needs to cancel a lesson, clients will be promptly notified, and the lesson will be rescheduled at no additional cost or refunded.
Contact Us:
If you need to cancel or reschedule your lesson, please contact us as soon as possible. You can reach us at (510) 890-599 or HitEliteTennis@gmail.com .By booking a lesson with us, you agree to adhere to the above cancellation policy. Thank you for choosing Hit Elite. We appreciate your understanding and cooperation.
Best Regards,
Hit Elite
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COVID-19 Liability Waiver
I hereby acknowledge and agree to the following terms and conditions in consideration of being allowed to participate in activities provided by Hit Elite LLC (the "Company"):
Assumption of Risk: I understand that the novel coronavirus, COVID-19, is a contagious disease that can lead to severe illness, injury, and even death. I acknowledge that I am voluntarily participating in activities provided by the Company and may be exposed to and infected by COVID-19. I understand that such exposure or infection may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company employees, volunteers, and other participants and their families.
Health and Safety Measures: I agree to comply with all health and safety measures implemented by the Company to mitigate the spread of COVID-19. This includes, but is not limited to, practicing social distancing, wearing face coverings when required, and following hygiene protocols such as frequent handwashing.
Waiver of Liability: I hereby release, waive, discharge, and covenant not to sue the Company, its officers, directors, employees, agents, representatives, volunteers, and any other affiliates (collectively, the "Released Parties"), from any and all liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, illness, injury, or death, including but not limited to claims for personal injury, disease, or property damage, arising from or related to my participation in Company activities, regardless of whether caused by the negligence of the Released Parties or otherwise.
Indemnification: I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all liabilities, damages, losses, costs, expenses, fees, and fines (including reasonable attorneys' fees) arising out of or related to any claim, demand, or action brought by any third party arising from or related to my participation in Company activities.
Representation of Understanding: I acknowledge that I have read this waiver and fully understand its terms. I understand that by signing this waiver, I am giving up substantial rights, including my right to bring legal action or assert a claim against the Released Parties. I voluntarily agree to the terms of this waiver.
Minor Participants: If the participant is a minor, I hereby represent that I am the parent or legal guardian of the minor participant and have the authority to enter into this waiver on their behalf. I agree to indemnify and hold harmless the Released Parties from and against any and all liabilities, damages, losses, costs, expenses, fees, and fines arising out of or related to the minor participant's participation in Company activities.
Severability: If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By signing below, I acknowledge that I have read, understand, and voluntarily agree to all of the terms and conditions set forth in this COVID-19 Liability Waiver.
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Participation Disclaimer
I hereby give my permission for myself and/or my child to participate in Hit Elite LLC educational activities. I understand that sports activities could include play and outdoor activities around and near the sports grounds or natural environments where there can be slippery and rough surfaces, among other dangers and risks.
I understand that Hit Elite LLC may, in its sole discretion, dismiss any lesson participant for inappropriate, disrespectful, or dangerous behavior at any time. In this event, I understand that I will not receive a refund of lesson fees for unattended days.
If I and/or my child break or damage any property as a result of our direct or indirect behavior, I hereby agree to pay for its repair or replacement. I understand that the risks associated with lesson activities could result in injury and/or death to me and/or my child. I hereby assume these risks and, knowing them, hereby give myself and/or my child permission to participate.
Because physical exercise can be strenuous and subject to the risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.
I understand that I am voluntarily participating in these activities and the use of these facilities and premises and assume all risks of injury, illness, or death.
Hit Elite LLC is also not responsible for any loss of my personal property. I acknowledge that I have carefully read this participation disclaimer and fully understand that it is a release of liability.
I expressly agree to release and discharge Hit Elite LLC from any and all claims or causes of action and agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action against Hit Elite LLC for personal injury or property damage.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
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Photography and Media Release
I hereby grant permission to Hit Elite LLC and its representatives to take photographs and/or videos of myself and/or my child during participation in Hit Elite LLC educational activities. I understand that these photographs and/or videos may be used for promotional purposes, including but not limited to advertising, marketing materials, social media, and the company's website.
I hereby waive any right to inspect or approve the finished product, including written copy that may be created in connection therewith. Additionally, I release and discharge Hit Elite LLC and its representatives from any and all claims or causes of action arising out of the use of these photographs and/or videos, including without limitation any claims for invasion of privacy or violation of publicity rights.
I understand that my participation in Hit Elite LLC educational activities is voluntary and that I will not receive any compensation, financial or otherwise, for the use of these photographs and/or videos.
This Photography and Media Release shall be binding upon me and my heirs, legal representatives, and assigns.
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Rental Agreement for Tennis Ball Machine
This rental agreement ("Agreement") is made and entered into on ___/___/______, by and between ____________________________________________________ ("Renter") and Hit Elite LLC ("Owner").
1. Equipment Description. Owner agrees to rent to Renter and Renter agrees to rent from Owner one Slinger Tennis Ball Machine (the "Equipment").
2. Term. The term of this Agreement shall begin on ___/___/_____ and end on ___/___/_____. The Equipment shall be returned to Owner on or before 9pm of end date above in the same condition as received, reasonable wear and tear expected.
3. Rent. Renter shall pay to Owner rent for the Equipment in the amount of [Rental Amount] per day for [Number of Days] days, for a total rent of [Total Rent Amount] (the "Rent"). The Rent shall be payable in advance on or before the Start Date.
4. Use of Equipment. Renter agrees to use the Equipment in a careful and proper manner, and in accordance with any instructions or manuals provided by Owner. Renter shall not use the Equipment for any illegal purpose, or in any way that could cause harm to the Equipment or to any person or property. Renter shall be responsible for all damage to the Equipment caused by Renter's misuse or negligence.
5. Loss or Damage. Renter shall be responsible for the full replacement cost of the Equipment if lost, stolen, or damaged beyond repair, regardless of fault. Renter shall also be responsible for any repair costs for damage to the Equipment caused by Renter's misuse or negligence.
6. Security Deposit. Renter shall provide a security deposit in the amount of $____________ upon execution of this Agreement. The security deposit will be returned to Renter within 3 days after the Equipment is returned, provided there are no damages beyond normal wear and tear.
7. Delivery and Return. The Equipment shall be delivered to Renter on agreed ending date noted above. Renter shall return the Equipment to Owner on or before agreed beginning date noted above. Any costs associated with delivery and return shall be borne by the Renter.
8. Indemnification. Renter agrees to indemnify and hold harmless Owner from any and all claims, damages, or expenses arising out of Renter's use or possession of the Equipment, including but not limited to any claims for personal injury, property damage, or violation of any law or regulation.
9. Waiver. Owner shall not be liable for any loss, damage, or injury to Renter or any third party arising out of Renter's use or possession of the Equipment, including but not limited to any loss, damage, or injury caused by any defect in the Equipment. Renter hereby waives any and all claims against Owner for any such loss, damage, or injury.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
11. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, understandings, and agreements, whether written or oral, relating to the subject matter of this Agreement.
12. Amendments. This Agreement may be amended or modified only by a written instrument executed by both parties.
13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Renter's Signature: ______________________
Owner's Signature: _______________________