CATAMOUNT PICKLEBALL RULES AND TERMS OF SERVICE
Effective Date: February 1, 2024
Welcome! Please take some time to read the entirety of our Rules and Terms of Service (“Rules” or “Agreement”) carefully.
1. Your Acceptance of our Rules
You are entering into a legally binding agreement with Catamount Pickleball LLC, a Vermont limited liability company (“we” or “us” or “our” or “Catamount” or “Catamount Pickleball”). These Rules set out the terms and conditions and terms of service upon which we grant you permission to join, access, and visit, both our website https://catamountpickleball.com (the “Website”) and our facility located at 530 Community Drive, Suite 2B, South Burlington, VT 05403 (the “Club”) (collectively the “Services”) and establishes your rights and obligations as a member or guest of our Services. These Rules govern your use of our Services.
These Rules were adopted to facilitate a pleasant experience for the public, including all members and guests, utilizing the Services and the Club. For members of the Club, these Rules are part of your membership agreement, and we appreciate your strict compliance with the Rules. From time-to-time Catamount Pickleball may adopt and post updates to the Rules or additional policies. If you have questions about our Rules, please email us or contact a club staff member.
If you object to anything in our Rules (or otherwise do not understand or agree to be bound by our Rules), then do not use our Services. If you use our Services in any way, you acknowledge that you have read, understand, and agree to our Rules. It is your responsibility to carefully read and make sure you understand the Rules.
You may print a copy of our Rules by using the print button or feature in your browser. We suggest retaining a copy for future reference.
2. Mission
Catamount Pickleball encourages well being and connection with others in the space where purposeful recreation meets friendly competition. We focus on creating camaraderie and community through sports and inclusiveness for people of all abilities and skill levels.
As an employer, we value fair compensation, room to grow, training, a healthy and creative work environment, and appreciation for the important role that diversity plays in enriching and enlivening our organization.
3. Diversity Statement and Nondiscrimination
Catamount Pickleball values the diversity of our members, guests, and employees, and is committed to treating everyone with fairness and respect. Catamount Pickleball represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships or use of Catamount Pickleball Services.
4. General Club Rules
(4.1) Code of Conduct. Use of the Club is a privilege that carries with it the expectation that members and guests will abide by a high ethical code of conduct. Members and guests must treat each other and employees with dignity and respect. Abusive language and behavior will not be tolerated and are grounds for sanctions, up to and including expulsion. Abusive behavior may include, but is not limited to harassment, offensive comments, profanity, threatening language or gestures, and unwanted physical contact. Unless under separate contract with Catamount Pickleball, all play at Catamount Pickleball is intended for your personal and non-commercial use only.
(4.2) General Public and Membership. Catamount Pickleball is open to the public and also offers various levels of membership for frequent adult customers that wish to take advantage of more favorable pricing and benefits. Members are welcome to bring guests to the Club, however, guests will be subject to our customary fees, just like the public. General public and members are allowed into the Club facilities at the discretion of Catamount Pickleball and must comply with all Club Rules.
(4.3) Hours of Operation. Club hours and days of operation will be posted on our website and may change from time-to-time in consideration of holidays, seasons, member and guest usage, and maintenance requirements.
As a result of commercially reasonable repair, maintenance or special occasions, we may be required to restrict the use of, or temporarily close the Club from time-to-time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. If it is anticipated that part of the facility or the entire facility will be temporarily unavailable from time-to-time while repairs or renovations take place, management will make every effort to minimize any disruption to members during these periods, and if possible, to schedule any work during off-hours or during summer months.
(4.4) Mobility and Club Access. All members and guests must strictly follow all Club signage regarding mobility and access inside the Club. The Club facility is made up of a “Player’s Lounge” (aka the social/events area) and the court area (“Court Area”). Individuals are only allowed in the Court Area of the Club if they have a same-day reservation at the Club.
(4.5) Personal Effects. All members and guests must strictly follow all Club signage regarding personal effects, including player gear, and the storage of the same.
(4.6) Age Restrictions. Children under the age of seven (7) are permitted at the Club, but not on the courts, and only if accompanied by a parent or legal guardian at all times.
Children ages seven (7) through fifteen (15) are permitted at the Club, and on the courts, only if accompanied by a parent or legal guardian at all times. For illustration purposes, if the parent or legal guardian is playing on a court, the child must also be playing on that court.
Children ages fifteen (15) through seventeen (17) are permitted at the Club, and on the courts, without adult supervision, but only with prior written parental consent, coupled with Catamount Pickleball’s consent, which Catamount Pickleball may withhold at its sole discretion.
Catamount Pickleball reserves the right to refuse or discontinue service to any child who violates the Rules and/or whose behavior is offensive or disruptive, at Catamount Pickleball’s sole discretion.
The minimum age for a Catamount Pickleball membership is eighteen (18). Exceptions may be made at the sole discretion of Catamount Pickleball.
(4.7) Court Fees. All individuals, adults and children, are responsible to pay court fees for the use of Club courts.
(4.8) Reservations. Court reservations are handled through CourtReserve, which can be initially accessed through our website. CourtReserve is both a web application and mobile app for our members’ and non-members’ convenience.
(4.9) Dynamic Pricing and Booking Length Restrictions. Court fees and booking length restrictions are subject to the Club’s dynamic pricing model, dependent on day of week and time of day (i.e. Off Peak or Peak) as detailed on our website.
(4.10) Check-In. All members and guests are required to check in at the front desk, located near the Main Entrance, on every visit.
(4.11) Cancellation. Court cancellations are handled through CourtReserve.
(4.12) Refund Policy. Cancellations at least twelve (12) hours in advance of a reservation, event, clinic, or lesson, will be eligible for a refund as a credit in the amount of your court fee directly to your CourtReserve account balance. Refunds will not be issued directly to your credit card. Cancellations within a twelve (12) hour window will not be eligible for a refund. If the Club must close due to inclement weather, all court fees paid due to reservations during such closure will be crdited to your Court Reserve account balance as a credit. Membership is not refundable under any conditions, including termination of membership by Catamount Pickleball for good cause.
(4.13) Reserved
(4.14) Dress Code. The Club dress code is workout attire appropriate for a public environment where men, women, and minors will be present. Appropriate athletic court shoes are also required; non-athletic shoes and black-soled shoes are not allowed.
(4.15) Bathrooms. Bathrooms are provided for the convenience of members and guests. You may change in the restrooms if you do so as quickly as practical.
(4.16) Lost and Found. Lost and found articles are held in a safe place at the Club. Unclaimed items after 30 days are donated to a charitable organization. Bags, backpacks, clothing, or other articles left unattended in any area of the Club may be moved to the Club’s Lost and Found without notice, and at the owner’s risk and expense.
(4.17) Parental Responsibility. Parents are responsible for their children’s behavior in the Club. If a child is reported to have violated Club Rules, Catamount Pickleball may work with parents to address the behavior. If the behavior continues, the infraction may be reviewed by Catamount Pickleball. Parents may be sanctioned for rules violations by their children, up to and including expulsion.
(4.18) Refusal of Services. The Club reserves the right to refuse use of Club premises for any legal purpose.
(4.19) No Tobacco, Drugs or Intoxication. Because we’re concerned about your health, we require that you refrain from smoking, using tobacco products, or any legal or illegal drugs at the Club. It is our policy to expel members who may be under the influence of drugs or are visibly inebriated. We also ask that members treat one another with respect and that they refrain from using violent, coarse or derogatory language.
(4.20) Damage to Club. Any member or guest that visits the Club shall be responsible for any damages to the facilities caused by that member or guest.
(4.21) Additional Rules. Additional Club Rules are posted on our website and on signage at the Club. Club Rules will be updated periodically at Catamount Pickleball sole discretion. See the Catamount Pickleball website or official communications from Catamount Pickleball for any updates.
5. Compliance with Rules and Policies
All members, guests and employees are expected to understand and follow Club Rules and follow posted signs. Members and guests also have a responsibility to report any violation by a member or guest to Club management. While Club members may politely remind fellow members of Club Rules, members should not confront fellow members for infractions they observe, but instead, enlist the assistance of a Catamount Pickleball manager on duty or other Catamount Pickleball staff.
If a rule is violated, the infraction is brought to the attention of the member or guest by Catamount Pickleball staff. The member may be referred to Catamount Pickleball management for review and possible sanction, up to and including expulsion. Some rules may be temporarily suspended by Catamount Pickleball management to accommodate special occasions or events.
Club management is authorized to eject any member or guest from Club premises or activities for conduct which, in its judgment, is detrimental to the welfare of the Club.
6. Membership
While Catamount Pickleball is open to the public, it also offers various levels of membership for frequent adult customers that wish to take advantage of more favorable pricing and benefits. Membership is a privilege that carries with it the expectation that members will abide by a high ethical code.
Details of our Club membership opportunities and levels will be posted on our website and updated in our Rules, as available.
(6.1) Non-transferable; Non-refundable. Membership is applicable to a single individual and not transferable under any conditions. Membership is not refundable under any conditions, including termination of membership for good cause.
(6.2) Non-Commercial Use. Membership is for your personal and non-commercial use only.
(6.3) Term. 12-month term, effective upon sign-up and annual payment by you and acceptance of your membership by the Club.
7. Membership Risks
When you purchase a membership from Catamount Pickleball, the ability for you to utilize the full extent of your membership benefits are not guaranteed. Catamount Pickleball is a start-up business and its success as a going concern is uncertain. Catamount Pickleball could run out of capital and be forced to close its doors indefinitely or permanently at any time.
Your use of our Services is entirely at your own risk. You acknowledge you have the knowledge and experience in financial and business matters necessary to make you capable of evaluating the merits and risks of utilizing Catamount Pickleball Services and signing up for a membership. You also acknowledge you have had the opportunity to ask questions and receive answers concerning our Rules and the terms, conditions, risks and nature of our Services, and you have had an opportunity to obtain any additional information deemed necessary or desired by you to evaluate the merits and risks of signing up and paying for a membership.
In deciding whether to sign up for a membership, with respect to representations by Catamount Pickleball, you have relied solely on the information, statements, and representations contained in our Rules and our website, and you have not relied on any additional information provided by, or on any statements or representations made by, Catamount Pickleball or any owner, statutory manager, officer, employee or authorized representative of Catamount Pickleball, other than the information, statements, and representations contained in these Rules and the other public legal documents contained on the website.
Catamount Pickleball is a start-up company with limited operating history. The likelihood of our success must be considered in light of the problems, experiences, difficulties, complications, and delays frequently encountered in the organization and operation of new businesses, such as the ability to manage growth and expansion, a limited base of operations, dependence on key personnel, and considerable competition.
We are exposed to general risks associated with development, operation, and expansion of a new business within a new industry. Our ability to efficiently operate our business will depend on a variety of factors, some of which may be beyond our control. These factors include the identification and availability of financing on terms acceptable to us, the hiring, training, retention of qualified personnel, industry related factors and regulation, and general economic conditions. Our development, operation, and expansion of our business will place significant demands on our management, resources, operations, and information systems. Any unexpected difficulties encountered during such development, operation, and expansion could adversely affect our business and results of operations.
Competition could adversely affect Catamount Pickleball which could adversely affect members. We will compete in a competitive market. Competitors with greater financial, marketing, personnel, and resources than ours may exist. This competition could cause our operations to be adversely affected.
8. Personal Instruction
Catamount Pickleball offers personal instruction and classes at the Club. Details are provided on our website and at the Club.
9. Special Events
From time-to-time we may reserve the use of the Club or portions of the Club for special events, competitions, and private functions.
10. Offers and Promotions
We may from time to time make available special offers and promotions that provide an opportunity to receive rewards, discounts, coupons, gift cards, or other incentives or benefits to Club members and guests in connection with your use of the website or our Services (collectively “Promotions”). You agree that, unless otherwise specifically provided in writing in connection with such Promotion, any Promotion: (a) may only be used for the intended purpose; (b) are non-transferrable; (c) may not be combined with any other Promotions; (d) are only redeemable as long as supplies last; (e) may be canceled or discontinued (in whole or in part) at any time by us; (f) may not be redeemed for cash; and (g) may expire prior to your use. You acknowledge and agree that we may change the terms and conditions of any Promotion at any time without prior notice to you, including changing the expiration date. These Promotions may have additional eligibility requirements, to be determined in Catamount Pickleball’s sole discretion.
11. Changes to Services
We reserve the right to change, suspend or discontinue any aspect of Catamount Pickleball’s Services at any time for reasonable cause, including hours of operation or availability of any facilities, classes, programs, activities or equipment, without notice and without liability, at Catamount Pickleball’s sole discretion. Suspension of your use of the Club or any Services will not affect your rights and obligations pursuant to our Rules.
12. Intellectual Property Rights and Licenses
Our Services include or otherwise contain designs, features, functionality, elements, images, photographs, logos, graphics, text, content, trademarks, service marks, logos, and other information and materials (collectively “Our Content”) which are (a) owned by us or licensed to us by our licensors, and (b) subject to domestic and international copyright, trademark, patent, trade secret, and other intellectual property laws and protections. We reserve all rights in Our Content which are not expressly granted to you under our Rules.
(12.1) Limitations on Use of Our Content. Our Content is intended solely for your personal and non-commercial use. Except as otherwise specifically provided in our Rules, you agree to not engage in the use, copying, or distribution of any of Our Content other than as expressly permitted by our Rules.
13. Communications
If we need to communicate with you about our Rules or our Services, you agree that we may do so electronically, including in any of the following ways: (a) banner or other visible notice on our website, (b) email, (c) text message, (d) or other communications sent to your computer or mobile device. You further agree that any such electronic communications satisfy any legal requirement that such communications be in writing.
By providing us with your email address, you agree that you have affirmatively requested to receive marketing and promotional material. You may opt out of receiving such materials by following the instructions in the promotional email.
14. Termination and Suspension
We reserve the right to terminate, limit, or suspend (with or without notice) your use of our Services for good cause, including any material violation of the Rules, subject to Catamount Pickleball’s sole discretion. Catamount Pickleball may terminate or revoke a member’s membership pursuant to the same standard.
Any such termination will not release you from any existing obligations under our Rules and termination of a member’s membership will not relieve that member of his/her obligation to pay any unpaid portion of his or her membership fees.
Our Rules will automatically and immediately terminate upon either party’s insolvency, bankruptcy, receivership, dissolution, or liquidation.
15. Warranty Disclaimers
Except as otherwise specifically provided elsewhere in our Rules, our Services are provided “AS IS” without any warranties of any kind. To the fullest extent permissible under applicable law, we expressly disclaim all warranties (express and implied), including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, and availability.
You expressly acknowledge and agree that: (a) we make no warranty that (i) our Services will meet your requirements; (ii) our Services will be uninterrupted, timely, secure, or error- free; (iii) the results obtained from the use of our Services will be accurate, reliable, complete, or current; (iv) the quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations; or (v) any errors in our Services will be corrected; (b) any material downloaded or otherwise obtained through the use of our Services is done at your own risk and that you will be solely responsible for any damage to or loss of data from your computer system or mobile device that results from the download of any such material; (c) no advice or information (whether oral or written) obtained by you from us (including through or from our Services) shall create any warranty which is not otherwise expressly stated in our Rules; and (d) we are not responsible for incorrect or inaccurate entry of information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any telephone network, computer equipment, software, or any combination thereof, or inability to access our Services.
16. Contacting Us
If you have questions about our Rules, Terms of Service, Refund Policy, or our Privacy Policy, or if you have questions about our Services you can contact us by email, telephone, or mail:
CATAMOUNT PICKLEBALL LLC
530 Community Drive, Suite 2B
South Burlington, VT 05403
info@catamountpickleball.com
(802) 234-1162