This Membership Terms and Conditions (“Agreement”) is entered into between US Badminton Academy, LLC located at 4569 Las Positas Rd unit A, Livermore, CA 94551 (“US Badminton Academy”), and you (“you” or “Member”). US Badminton Academy offers camps, group classes and private lessons at its facility. This Agreement entitles members access to use the courts and to enjoy other amenities offered at our facility (“Membership”).
Please review this Agreement thoroughly as it is a legal contract between US Badminton Academy and you. By using the services or facilities offered at US Badminton Academy, you are agreeing to the terms of this Agreement.
1. PURCHASES AND PAYMENT
(i) ANNUAL MEMBERSHIP: Annual Memberships are paid in full in advance of the calendar date in which the Membership becomes activated for the following 12-month period. Current annual Membership rates are displayed on our website and are subject to change at any time, at US Badminton Academy’s sole discretion.
(ii) NO FREEZE POLICY: Members may not freeze their account at any point during the annual membership. Once paid, the annual membership is only valid for twelve (12) consecutive months.
(iii) NO REFUND POLICY: US Badminton Academy offers no no full or partial refunds, under any circumstances, once payment has been made for your Membership.
2. CLASS POLICIES
All group classes, private classes, camps and training sessions must be signed up and paid for independent from your Membership. All additional information pertaining to classes offered at the US Badminton Academy are contained on the US Badminton Academy website.
3. CANCELLATION OF AGREEMENT
You may cancel this Agreement at any time. You must provide US Badminton Academy written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the expiration of your current Membership term. Failure to provide timely notice will result in a charge for the full amount of your annual Membership renewal. IN ACCORDANCE WITH SECTION 1(III), IF YOU WISH TO TERMINATE THIS AGREEMENT DURING AN ACTIVE MEMBERSHIP, YOU UNDERSTAND AND AGREE THAT YOU WILL NOT RECEIVE A FULL OR PARTIAL REFUND OF ANY KIND.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to US Badminton Academy, including payments for any classes, these payments must be made in full in order for the Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Agreement will not be cancelled, and US Badminton Academy reserves the right to pursue additional avenues or means to receive monies owed.
US Badminton Academy may cancel this Agreement immediately in the event you breach any terms contained herein or in the event US Badminton Academy ceases to conduct business. You will not be issued a refund of any kind if US Badminton Academy cancels this Agreement.
4. GUIDELINES, RULES, AND REGULATIONS
 
You agree to abide by all rules and regulations of the US Badminton Academy posted at the facility, online or sent by email, as may be amended from time to time at the US Badminton Academy’s sole discretion. Any Member who, in the sole determination of the US Badminton Academy, violates the US Badminton Academy’s posted guidelines, rules or regulations, or is loud, offensive, uses profanity, harasses, is bothersome to other members, residents, guests or
employees or otherwise behaves in an inappropriate or unbecoming manner, may be suspended or terminated by the US Badminton Academy.
 
5. MEMBER’S HEALTH WARRANTY
You represent that you are in good physical and mental health and have no disability, impairment, injury, disease or ailment, preventing you from engaging in exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. You assume full responsibility for your use of the US Badminton Academy facility and shall indemnify the US Badminton Academy, its affiliates, owners, members, managers, agents and employees, against any and all liability arising out of your use of the US Badminton Academy facilities. A physical exam by your physician is recommended before commencing any exercise program and especially if you are elderly, pregnant, or unaccustomed to physical exertion. If you have consulted a physician, you have taken the physician’s advice.
 
 
6. FORCE MAJEURE
US Badminton Academy will not be liable, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, including closure of the facility, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including without limitation, acts of God, collapse of building structures, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, pandemics, epidemics, insurrections, riots, terrorism or wars, or strikes, riots, civil commotion, lock-outs, work stoppages, or network outages. US Badminton Academy shall use reasonable efforts under the circumstances to remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
 
7. ENTIRE AGREEMENT
 
This Agreement, along with any documents referenced herein, contains the entire and final agreement between the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement and supersedes all prior or contemporaneous oral or written agreements, representations, understandings, undertakings and negotiations with respect to the subject matter hereof. This Agreement supersedes any prior written or oral agreements between the parties. The terms of this Agreement apply to the exclusion of any other terms that Member seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Member acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of US Badminton Academy that is not set out in this Agreement.
 
8. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, for any reason, then, to the fullest extent permitted by law, all other provisions hereof will remain in full force and effect in such jurisdiction and will be liberally construed in order to carry out the intent of the parties hereto as nearly as may be possible.
 
9.  GOVERNING LAW and JURISDICTION
This Agreement shall be governed by the laws of the state of California, without regard to its conflict of laws principles. The parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Alameda County, California, for the purposes of adjudicating any dispute arising out of this Agreement.
 
10. WAIVER
The failure of US Badminton Academy to enforce any provision of this Agreement shall not be construed as a waiver or limitation of US Badminton Academy’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
11. ELECTRONIC SIGNATURES AND COUNTERPARTS
Member hereby consents to (i) conduct business electronically, (ii) receive such documents and notices by such electronic delivery and (iii) sign documents electronically and agrees to participate through the Site established and maintained by US Badminton Academy. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
 
 
I, the undersigned, have voluntarily and without duress signed this Agreement. I assert that I have read and fully understand the above, and that I agree to accept these Membership Terms and Conditions in full.