Terms of Use

Waiver and Release and Agreement to Arbitrate

This Agreement is between You and T2 Tennis, LLC d/b/a T2 Tennis (herein the “League”). Please read these terms carefully before using the League’s website or playing in the League.

You agree that by registering for yourself or another player in the League, playing in the League or using the League’s website, you agree to these Terms of Use and our Privacy Policy. You further agree that there is consideration for this Agreement, including the ability to play in the League. The League reserves the right to update these Terms of Use at any time without notice. Your continued use of this site following the posting of changes to this Agreement means you accept those changes.

I. Use of League Information

Information that you obtain through the League is solely for use related to the League. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or use any information or services obtained from the information provided on the League’s site.

II. Member Account, Password, and Security

You agree to provide accurate information when registering with the League. You are responsible for maintaining the confidentiality of your League password. You agree to notify the League immediately of any unauthorized use of your account or any other breach of security. The League will not be liable for any loss that you may incur as a result of someone else using your password or account.

III. The League Server and Network

You shall not damage, disable, overburden, or impair the League’s server, or the network(s) connected to any League server, or interfere with any other party's use and enjoyment of any services. You may not attempt to gain unauthorized access to any service, other accounts, computer systems or networks connected to any League server.

IV. Use of League Services

As an active member of the League you agree that you:

• Will not use any information that you obtain from the League (including other League members’ contact information) for any purpose unrelated to playing in the League.

• Will not defame, abuse, harass, stalk, threaten, send inappropriate or indecent material to, or otherwise violate the legal rights (such as rights of privacy and publicity) of other League members.

• Will not violate any applicable laws or regulations.

Furthermore, the League reserves the right to terminate your membership in the League and access to any or all of the provided on-line services at any time, at its sole discretion.

You agree to use caution when giving out any personally identifiable information about yourself or your children in using the League.

V. Use of Photographs

By participating in the League, you hereby agree to grant the League the right to take photographs of you. You hereby acknowledge and agree that the League may use any such photographs, in any manner, without restriction of any kind, and without the necessity of acknowledging your identity. No compensation will be paid to you with respect to such photographs. For the purposes of the release in the following paragraph, any such photographs shall be considered Submissions.

You hereby release and hold League harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to Submissions or the League use of the Submissions, including but not limited to invasion of privacy, violation of moral right, defamation, false light and all other potential legal theories of any nature or any type under state and federal or local common-law rule, regulation, or court order, whether now known available or whether later developed discovered or created. This release is given without the promise of compensation.

VI. Links to Third-Party Sites

The League may have links to other websites not controlled by the League. The League is not responsible for the contents of any linked site or any link contained in a linked site.

VII. Standard of Conduct

You agree that while participating in a League match or communicating with League participants that you will not: (i) threaten to engage in, or engage in, any violent or abusive behavior, (ii) use drugs, except for an authorized medical purpose, (iii) consume or be under the influence of alcohol, or (vi) use disrespectful language, obscene gestures, or communicate in a way intended to incite other participants.

VIII. RELEASE AND LIABILITY DISCLAIMER PROVISIONS

A. Damages Related to Your Information and Use of the League Website

The League shall not be liable for any direct, indirect, punitive, incidental, special, consequential or other damages related to the use or loss of data arising out of or in any way connected with the use or performance of the League website or the personal information you provide to the League.

B. Waiver and Assumption of Risk By Participating in the League

1. I understand that tennis entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to: Slipping and falling; exhaustion; temperature exposure; collision with or being hit by other tennis players or tennis balls; striking obstructions; equipment failure; adverse weather conditions; serious injury to bones, joints, ligaments, muscles, tendons and other aspects of the neurological system, vascular and/or musculoskeletal system.

2. I have consulted with physicians and other medical advisors and take into account their advice and have made my own determination whether I will engage in playing in the League.

3. I understand that the League facilitates the scheduling of tennis matches and that the League does not investigate the facilities and tennis courts that may be used to play tennis matches. I am solely responsible for evaluating the conditions of play and each facility I play at in the League to ensure it meets my standard of safety and playability. I understand by playing the match, I agree to do so at my own risk and release League as well as any host facility of any liability for injuries arising from my participation.

4. I understand that the League does not investigate or do a background check on the participants in the League, and the League cannot and does not warrant anything about the participants in the League, nor does the League otherwise guaranty my safety or health by playing in the League.

5. I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the League, or else I agree to bear the costs of such injury or damage myself.

6. I have voluntarily registered to participate in the League. I expressly agree and promise to accept all of the risks existing in this activity, and I elect to participate in spite of the risks.

C. Covenant Not to Sue, Release, and Indemnification.

1. I, for myself and for my heirs, legal representatives, and assigns, in consideration of my participation in the League, agree to never institute any suit or action at law or equity against the League, its officers, directors, employees, subsidiaries, affiliates, shareholders, members, agents or representatives, by any reason of any claim I have now or may hereafter acquire relating to any present or future accidents or injuries occurring to me as a result of my participation in the League.

2. I HEREBY EXPRESSLY RELEASE, WAIVE AND DISCHARGE for myself and my heirs, legal representatives, and assigns, the League, its officers, directors, employees, subsidiaries, affiliates, shareholders, members, agents or representatives, from any and all claims, causes of action or liability for death, personal injury or property damage of any kind or nature whatsoever arising out of or in the course of participating in the League, even though that liability may arise out of the negligence or carelessness of the League, its officers, directors, employees, subsidiaries, affiliates, members, shareholders, agents and/or representatives. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.

3. I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the League, its officers, directors, employees, shareholders, subsidiaries, affiliates, shareholders, members, agents and representatives from any loss, liability, damage, and/or cost they may incur due to my participation in the League.

IX. AGREEMENT TO ARBITRATE AND WAIVER OF RIGHT TO JURY TRIAL

I agree to submit any dispute arising from or related to this Agreement to binding arbitration through JAMS. The arbitration shall be in Atlanta before with one arbitrator and shall utilize JAMS’ streamlined arbitration rules. Any court of competent jurisdiction may enforce the arbitration award. By agreeing to arbitration, I waive any right to pursue claims in court and waive any rights to a trial with a jury.

X. Governing Law

Georgia law shall govern this agreement.

XI. League Participants Under the Age of 18.

For any participant in the League who is under the age of 18 (the “Minor”), the undersigned represents:

(1) He or she is the parent or natural guardian of the Minor;

(2) He or she consents to the Minor’s participation in the League;

(3) He or she agrees that all provisions of these terms of use apply to the Undersigned and the Minor, INCLUDING BUT NOT LIMITED ALL PROVISIONS OF THE ABOVE LIABILITY DISCLAIMER AND AGREEMENT TO ARBITRATE;

(1) The Undersigned or another parent or another legal guardian of the Minor will be present at all times with the Minor for any League matches in which the Minor is a participant; and

(2) The Undersigned further represents that he or she has authorization of all other parents or natural guardians to enter into these Terms of Use and the Liability Disclaimer on behalf of the Minor and the other parents and natural guardians of the Minor.

XII. Entire Agreement

This agreement supersedes all other agreements, oral or written, between the parties. If there is any conflict between this Agreement and any other agreement between the parties, this Agreement shall govern.

XIII. Severability

Should any provision of this Agreement be deemed void or invalid, it shall not affect the enforceability or effectiveness of any other provision. All other provisions herein shall continue and remain in full force and effect as though such void, invalid or inoperative provision had not been a part hereof.

[Click Box] I UNDERSTAND AND AGREE TO ALL OF THE ABOVE PROVISIONS OF THE TERMS OF USE TERMS. I FURTHER UNDERSTAND THAT THE WAIVER, RELEASE, AND OTHER LIABILITY DISCLAIMER PROVISIONS AS WELL AS THE AGREEMENT TO ARBITRATE LIMIT THE ABILITY TO PURSUE CLAIMS AND SEEK DAMAGES AND THAT IS ACCEPTABLE TO ME.

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