Sarah Vande Berg Tennis and Wellness Center General Terms & Conditions INTRODUCTION

At the Sarah Vande Berg Tennis and Wellness Center (SVB) we have adopted policies, procedures, rules and regulations ("policies") designed to provide for the safe, enjoyable and healthy use of our premises and events by you - our members and guests.

These policies apply to your conduct on SVB's premises, which include its centers and all outdoor areas, including its parking lots, sidewalks, turf ("premises") or any use of SVB's online, mobile or interactive offerings or websites. They also apply to your conduct during its programs, training, events or other SVB-sponsored activities off the premises ("events").

These policies supplement those posted or otherwise provided in our centers, on our web or mobile sites or at our events. In some instances, the law may establish different requirements applicable to certain areas of the center and may not be called out here. To the extent of a conflict with other policies, the more restrictive policy applies. If you violate any of these policies, your membership or center access may be suspended or terminated.

Our decision on all questions regarding construction or interpretation of these policies is final. We may change these policies at any time without notice in our sole discretion. You may find the most recent version of these policies at www.svbtennisandwellness.com.
As a member or guest of SVB, you are responsible to review and comply with these policies at all times.

GENERAL POLICIES

Proper Conduct

We strive to uphold a safe, fun, family-oriented environment. As such, we expect proper, respectful conduct on the premises at all times. We do not permit disrespectful conduct toward our members, guests, employees, vendors or property including, but not limited to vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications.

General Hygiene

We expect you to uphold general personal hygiene and refrain from excessive use of scented oils, lotions, colognes, perfumes or other fragrances out of respect for other members and any fragrance or chemical sensitivities.

Weapons

You may not bring or use weapons of any kind on the premises for any reason.

Proper Attire

You must wear proper attire at all times, including shirts and shoes, unless noted in a specific area.

Membership Cards and Check-In

As a member, you may not enter the center without your membership card, whether electronic or physical, which you must present to the front desk to be swiped upon entry. Because access to SVB's centers is based on membership and guest policies, you must have the membership (or sign in as a guest), in good standing, in order to access a center. If you lose your membership card, you may have to pay a fee to replace it. Please return your membership card on your last day of access. You are required to have your picture taken for your membership to identify you at check-in and for safety reasons. Pictures are not displayed on membership card. The exception to this rule is for those who will be dining only on the premises. Personal Belongings You must store all workout bags, coats and personal belongings in a locker or cubbies. If you have a locker, be sure that your locker is secured before you leave it. You must keep your locker key with you at all times without exception, including while showering; do not leave your locker key unattended at any time, such as by pinning it to a towel. If you use a lock without a key such as a combination lock, you are responsible for remembering your locker number and combination. You may use our lockers only while you are on the premises; you may not leave any personal belongings in a locker overnight. Do not bring or store any valuables on the premises, including watches, jewelry or large amounts of cash. Do not leave valuables in plain view in your vehicle. Be sure your vehicle is locked. We are not liable or responsible for any lost, stolen or damaged personal property, whether from lockers, vehicles or other locations on the premises. Please inquire in person at the Front desk for lost articles that may have been found. Phone inquiries regarding lost items are not allowed.

Equipment

You may not modify any SVB equipment from its intended use. You may not bring in personal equipment, mechanical or otherwise, unless approved by SVB, any such approval may be revoked at any time.

Locker Rooms

We expect proper etiquette in our locker rooms. You may not spit, sleep or engage in any sexual conduct in our locker rooms. No photography or cameras are allowed in any locker room. Injuries If you are injured while on the premises, please seek immediate assistance from an SVB Team Member. A Team Member can provide or arrange for appropriate medical assistance and complete an incident report.

Physical Examination

We strongly encourage that you have a complete physical examination prior to beginning any new exercise or nutrition program. Training Services Our personal training services include instruction, coaching, advice, lessons or demonstration concerning physical exercise, physical fitness, exercise strategies, nutrition, wellness, fitness products, fitness equipment and other fitness-related activities by personal trainers, nutrition coaches, teaching pros or other instructors ("personal training"). Personal training services are available to members, typically for a fee per session, upon completion of a Fitness Program Agreement. No Personal Training by Members or Guests You may not solicit or conduct on the premises any personal training as defined above, with or without compensation. SVB retains sole discretion to determine whether a member or guest is engaged in personal training. Leagues You may not organize your own informal or formal sports leagues, tournaments, or programs, including but not limited to tennis, padel or pickle-ball leagues. We employ our own Team Members and online tools to facilitate league play at our centers. SVB retains sole discretion to determine whether a member or guest is engaged in organizing or participating in non-SVB league play. Solicitation Unless expressly authorized by SVB, you may not solicit (whether in person or in writing) any members, guests or Team Members on the premises or during off-premises events, including but not limited to solicitations for political or religious purposes, media interviews, business opportunities, or competitive products or services.

Cell Phones and Other Mobile Devices

Cellular phones and other mobile devices may not be used in photographic or video mode in any locker room, rest room, steam room, health room, or other private area of the center, or in the Kid’s Club. Please use common courtesy when using mobile devices in other areas of the center. Photography and Video Professional photography and recording of video on the premises are not allowed without the advance approval of SVB’s General Manger. Personal photography is allowed in public areas of the club only. You must have consent to photograph any other member, guest or team member. No photography or cameras of any kind are allowed in any locker room, rest room, steam room, health room or other private area of the center, or in the Kid’s Club. SVB allows certain team members to take images of members and guests for social media purposes, including participants in group fitness and team training classes in studios designated with a social studio sign. If you do not wish to have images taken by SVB, please let the team member know, so that you can opt out. By your continued use of SVB’s premises and services, including participation in the class, you irrevocably consent to and grant SVB the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, and repurpose the images for any purpose in any media or form of communication, without additional consent and without compensation, including but not limited to SVB’s commercial and promotional use on its corporate or employee social media sites.

SVB Wireless Network

By accessing the SVB wireless network, you agree not to use the SVB wireless network to transmit any material that violates any applicable laws, rules or regulations or to defame, harm or threaten or attempt to harm other persons, businesses or other entities. You also agree not to use our wireless network to transmit any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party. You agree not to violate the security or integrity of our wireless network or to use our network to violate the security or integrity of any other network. Any such acts may result in criminal and civil liabilities to you. Use of this wireless connection is entirely at your risk and SVB disclaims all liability for loss of confidential information or damages resulting from that loss. We make no promises, representations or warranties of any kind concerning the suitability or security of this service and specifically disclaim all warranties of fitness for a particular purpose of security. The wireless service is provided “As Is.” You will remain connected to the SVB wireless network until you disconnect, and will automatically upon entry into the SVB wireless network radius. By using the wireless service, you agree to indemnify us, our officers and agents against all claims, demands, losses, damages, costs and expenses made against or incurred, suffered or sustained arising out of your use of the wireless service and agree that in no event will we be liable for any damages, including but not limited to any direct, indirect, incidental, special or consequential damages arising out of or in connection with your use of or inability to use the wireless service. We may block access or terminate the wireless service at any time and for any reason, and assume no liability for doing so. We may record information about your usage of our network and may use or disclose such information when appropriate to comply with the law or to protect the rights, property, or safety of SVB.

Drugs

You may not use, possess or sell any illegal drug on the premises, including but not limited to anabolic steroids or other illegal growth-enhancing substance. You may not use our equipment, services or programs while under the influence of illegal drugs. You should not use, or should stop using, any equipment, service or program if your prescription medication adversely impacts or influences your ability to safely use it.

Smoking

You may not smoke, chew or use any other tobacco or electronic cigarette products on SVB's premises including any outdoor areas (e.g., sidewalks or parking lot), or at SVB's events.

Center Closure or Access Restrictions

We reserve the right to close or restrict access, without advance notice, to any area of or the entire center or premises for any reason, including but not limited to closures or restrictions related to construction, remodeling, repair, or maintenance (whether planned or unplanned) or for health or safety reasons, including but not limited to weather, natural disasters, power outages, and medical issues. You may not enter the premises if you have a contagious illness that may be transferred through ordinary use of our equipment, services or programs. You must cover exposed lesions or rashes.

Animals

You may not bring any animal on the premises unless it is a service animal performing its duties in the care of a person who requires its assistance or is an on-duty law enforcement animal ("exempt animals"). All exempt animals must be licensed, vaccinated and have identification tags (where applicable); must remain leashed or caged and under a non-SVB responsible person's control at all times; and must be removed immediately if it causes a disturbance, interrupts the work of others or poses a health or safety risk to those who are exposed to it. The animal's owner must promptly remove animal waste and is liable for any damage caused by the animal. The animal’s owner or holder has to sign our dog waiver.

Damage to Center

You may not damage the center in any way, including but not limited any damage to, or theft of, exercise equipment, towels, supplies or other center property, such as balls breaking lights. If you, or a guest, youth member or junior member on your membership, damages the center, you must pay for it. Nonmembers who wish to use SVB Café must sign in or MEMBERSHIP POLICIES SVB offers various memberships, including memberships that afford center access and memberships that provide access to our online resource. If a disabled member must be accompanied by a non-member assistant or caretaker to reasonably accommodate the member's use of the center, we require both parties to sign an agreement related to such use of the center.  Right to Implement or Change Fees. We reserve the right to implement or change fees or other charges at any time, unless otherwise required by law. Use of svbtennisandwellness.com is subject to the svbtennisandwellness.com use agreement and our online community standards or guidelines.

 

REFUNDS, RETURNS AND EXCHANGES

Merchandise

Merchandise in like new condition with original packaging and tags may be exchanged or returned for a full refund up to 30 days from the original date of purchase. Proof of purchase is required, such as a receipt. Services or Programs Services or programs may be cancelled subject to any specific terms and conditions in contracts applicable to the service or program. We will not refund any amount for a scheduled session that you fail to attend or fail to reschedule or postpone (by contacting your designated trainer, instructor or coach) at least 24 hours in advance. We will provide a refund or credit for programs or classes that we cancel if we cannot find a suitable alternative for the registrant. Refund Methods Unless otherwise required by law, we will issue refunds only to the payor as follows: Credit Card Payments made via credit card will be refunded to the same credit card account used at the time of purchase. Cash or Check Payments made via cash, check or bank withdrawal may be refunded by means of a SVB gift card, membership dues credit, or check. Refunds for payments by check will be processed within 10 days, unless the pay or provides a copy of the cleared bank draft or check from his or her financial institution in which case the refund may be made more quickly. Payments from Bank Account Payments made via electronic fund transfer from a bank account (EFT or ACH) may be refunded by means of an SVB gift card, membership dues adjustment credit, or credit to the payor's original bank account. Refunds will be processed within 10 days. Gift Card Payments made via gift card will be refunded to a SVB gift card GUESTS AND GUEST PASSES We invite guests to use our centers, whether with a member or as walk-in visitors to the center. We may restrict overall or individual guest passes or guest use of the center at any time in our sole discretion, including limiting guest use to non-peak, family or open hours; restricting guest use of certain amenities, or limiting participation to certain scheduled or special programs. Before each visit, all adult guests must complete and sign a Guest Register and present a valid driver's license or government-issued identification card, which we use to verify guest information, track guest usage, and market or solicit as permitted by you and/or the law. Guests may be required to meet with an Account Manager prior to using the center. Guest Access Monday - Sunday Guest Hours* 8 am - 10 pm *Guest Hours may vary by season, check club for specific details and available hours. General Requirements The number of guest passes is limited to 4 guests/year (or same guest four times) All adult guests must complete and sign the Guest Register and present a valid driver’s license or government issued identification card. Guests 17 years of age or under must be accompanied by a sponsoring member age 18 or older or another guest who is their parent/legal guardian and is 18 years of age or older. A Sponsoring Member Form must be signed by the sponsoring member (who is at least 18 years of age) and the guest’s parent/legal guardian prior to center entry. The sponsoring member (or adult guest) must remain on-site. A sponsoring member may not check another person's child(ren) into the Kid’s Club. Only the parent/legal guardian may do so. Additionally, the parent/legal guardian must remain on-site. A single guest pass may be used by an individual, couple, or family at the same residence. A member may extend a guest pass to the same individual no more than four times a year. Guest passes may be limited to non-peak usage at SVB's discretion. Center Use Passes for Guests Under Age 12 The Sponsoring Member Form must be signed by the sponsoring member (who is at least 18 years of age) and the guest's parent/legal guardian prior to club entry. The sponsoring member or the guest's parent/legal guardian must accompany members and guests under age 12 at all times (unless the child is placed into the SVB Kid’s Club by the parent/legal guardian who also must remain on-site). Guests under age 12 may make use of: o Kid’s Club (provided that their parent/legal guardian checks the child into the Kid’s Club and remains on-site)

o Tennis, Padel, Pickle Ball clinics

Adult members who wish to bring another member's child(ren) under age 12 must ensure the child is on an active membership and need not use a guest pass or pay the guest fee(s). The Sponsoring Member Form must be signed by the sponsoring member and the guest's parent/legal guardian prior to guest entry, or the adult member must be an authorized adult for the other member’s child. Club Use for Guests 12 Years of Age or Older If guest age is 12-17, the Sponsoring Member Form must be signed by the sponsoring member (who must be at least 18 years of age) and the guest's parent/legal guardian prior to club entry. The sponsoring member or the guest's parent/legal guardian must be present at check-in and remain on-site at all times unless the guest is 18 years or older. Guests age 12 or older may make use of the cardio and resistance training area of the workout floor, Group Fitness classes, tennis, padel and pickle ball courts, during scheduled programming or open hours. Schedules vary by location. Upon completion of the Guest Register by all adult guests, an Account Manager or manager will authorize and enroll the guest, and a tour of the center will be given.

FITNESS FLOOR

Age Limit

You must be at least 12 years old to enter and use the fitness floor.

Equipment

You must follow all safety procedures for equipment use, including but not limited to using safety clips or stops on mechanical equipment and refraining from dropping free weights. If you have any questions about equipment use, please see an SVB personal trainer to familiarize yourself with its use. You must turn off, return or replace equipment to its original condition when you are not using it, even temporarily. Please wipe down equipment with sanitary wipes before and after use.

o Equipment Reservation.

You may not reserve equipment for your personal use, such as with a towel, sign or note unless otherwise permitted (such as immediately prior to a scheduled Group Fitness class). You must honor all signs on equipment, including notices that the equipment has been reserved (e.g., for group or class use) or is out or service for maintenance.

o Equipment in Disrepair.

If you notice that any equipment is in disrepair, do not use it. Please report it immediately to a SVB Team Member. We are not responsible for injuries sustained while using equipment, even in the event of equipment failure, malfunction or disrepair. Personal Items You may not use chalk in the weight area. Unless otherwise permitted (e.g., water bottles), you may not bring or set bags, clothing, food or other items on the equipment or fitness floor. You may not bring or use cell phones or laptops on the fitness floor, including specifically while using any equipment.

RACQUET SPORTS

Court Reservations

You must reserve tennis, padel and pickle ball courts through the center's Front Desk or, or by reserving online through svb.clubautomation.com. You may reserve a tennis court for a fee up to seven days in advance. You may reserve up to 90 minutes of any racquet sport court time up to seven days in advance. You are limited to one court reservation per day per sport.

Court Usage

Only the game of the respective sport may be played on a court with the proper racquet sport equipment. No bouncing of medicine balls or on walls is permitted. No food or drinks allowed on the courts. You may not use the walls to bounce off of when playing.

Tennis Dress Code

o Proper tennis footwear is required.

o Attire designed specifically for tennis is suggested.

Leagues and Lessons

o SVB Leagues and Lessons. We employ SVB staff and online tools to facilitate play in tennis, padel and pickle ball leagues, tournaments and programs at our centers. For more information about SVB's racquet sport leagues, tournaments, programs or private lessons, please visit svbtennisandwellness.com. Cancellation Subject to the following cancellation policies, you may cancel a court reservation online through svbtennisandwellness.com, or a private lesson or participation in an SVB league, tournament or other program via email to the pro or coordinator.

o You will be charged a fee, or forfeit the prepaid fee, for any tennis court reservation, lesson, or participation in an SVB tennis league, tournament or other program that you fail to cancel at least 24 hours in advance. Events hosted by third parties, such as the United States Tennis Association (USTA), may have their own additional cancellation requirements.

INDOOR TURF (Phase 2)

Please help us protect the turf o Clear liquids only.

-       No food or gum.

-       No spitting.

-       No football tees.

-       No bats or clubs.

o Training balls only. No leather or synthetic balls. This includes, but is not limited to, baseballs, softballs and lacrosse balls. Final call is made by the discretion of SVB Management.

o Shirts must be worn at all times.

o Molded cleats only. No spiked cleats.

o No high kicking toward the lights and ceiling.

o No kicking or throwing toward the mats, walls or curtains.

o Children under the age of 12 must be supervised by an adult at all times.

o SVB may reserve the turf area for rentals. Violation of rules may result in membership suspension or termination.

 

LIABILITY WAIVER

I hereby acknowledge that I am voluntarily participating in racquet sports activities at SVB Tennis & Wellness Center located at 6585 Simons Rd, Zephyrhills, FL-33541. In consideration for being permitted to participate in these activities, I agree to the following terms and conditions:

Assumption of Risk: I understand and acknowledge that racquet sports involve inherent risks, including but not limited to the risk of bodily injury, death, or property damage. I voluntarily assume all risks associated with my participation in these activities.

Release of Liability: I hereby release, waive, discharge, and covenant not to sue SVB Tennis & Wellness Center, its owners, employees, agents, representatives, successors, and assigns from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, whether caused by the negligence of the releases or otherwise, while participating in racquet sports activities at the center.

Indemnification: I agree to indemnify and hold harmless SVB Tennis & Wellness Center, its owners, employees, agents, representatives, successors, and assigns from any and all liabilities, damages, costs, expenses, including attorney's fees, incurred as a result of my participation in racquet sports activities at the center.

Medical Authorization: In the event of an injury or medical emergency, I authorize SVB Tennis & Wellness Center and its representatives to obtain medical treatment for me, including transportation to a medical facility, if deemed necessary. I understand that I am solely responsible for any medical expenses incurred as a result of such treatment.

Compliance with Rules and Instructions: I agree to comply with all rules, regulations, and instructions provided by SVB Tennis & Wellness Center and its staff regarding the use of facilities, equipment, and participation in racquet sports activities.

Acknowledgment of Understanding: 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 sue. I acknowledge that I am signing this waiver freely and voluntarily, without any inducement, assurance, or guarantee being made to me.

Severability: If any provision of this waiver is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

I hereby acknowledge that I am at least 18 years of age and legally competent to enter into this agreement, or if I am under 18 years of age, that my parent or legal guardian has signed this waiver on my behalf.

SVB Tennis and Wellness Center 6585 Simons Rd Zephyrhills, FL 33541 “SVB Tennis and Wellness Center is registered with the State of Florida as a Health Studio. Registration No. is HS 3431851.”