Club policies.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK - INDEMNITY - COMMUNICATIONS CONSENT

Beaverton Sports Club ("BSC"), 5803 SW Beaverton-Hillsdale Hwy, Portland, OR 97221

Using the BSC facilities, services, or activities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your acceptance of the benefits under this agreement, you understand and voluntarily accept and assume all such risks inherent in the use of BSC's facilities, services, and activities.

TO THE FULLEST EXTENT PERMITTED BY OREGON LAW, you agree that BSC, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives arising out of or related to your use of BSC's facilities, services, or activities. This release does not apply to, and nothing in this agreement releases BSC from, liability for gross negligence, reckless or intentional misconduct, or any other liability that may not lawfully be disclaimed or released under Oregon law. If any portion of this release is held unenforceable, the remainder shall continue in full force to the maximum extent permitted by law.

You agree to indemnify, defend and hold BSC harmless against any liability, damages, defense costs, including attorneys' fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other wrongful acts or omissions, or those of your guests, except to the extent caused by BSC's gross negligence, reckless or intentional misconduct, or as otherwise prohibited by Oregon law. Further, you understand and acknowledge that Beaverton Sports Club does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Beaverton Sports Club is providing recreational services and may not be held liable for defective products.

By submitting the creation of this account, you (1) acknowledge and agree that you have read the foregoing and know of the nature of the activities at Beaverton Sports Club and agree to all terms herein, and (2) give your express consent for Beaverton Sports Club to contact you and send you marketing communications by direct mail, telephone, pre-recorded message, text message, instant message, email and other means. You may opt out of marketing communications at any time.

BSC offers programs and activities for minors, including junior tennis programs. A parent or legal guardian must accept this Agreement on behalf of any minor participating in BSC programs or using BSC facilities. By accepting this Agreement on behalf of a minor, the parent/guardian: (1) represents that they are the minor's parent or legal guardian; (2) acknowledges the risks described in this Agreement and voluntarily assumes those risks on their own behalf and, to the extent permitted by Oregon law, on behalf of the minor; (3) agrees to indemnify, defend and hold BSC harmless from claims arising out of the minor's use of the facilities or participation in programs, to the extent caused by the minor's or the parent/guardian's negligence or wrongful acts and to the extent permitted by Oregon law; and (4) agrees to ensure the minor complies with all BSC rules and policies.

At BSC we respect your privacy. We do not share, rent, sell, or otherwise use any personal information you have given us to any third party without your permission, except when required by law, subpoena or other legal process, or in order to protect the safety of the public.

Any information you give us is held with the utmost care and security, and will not be used in ways to which you have not consented. Since this policy may change over time as we modify or expand our services, we suggest that you check from time to time in order to understand how we treat your personal information.

Your use of this website and its services constitute your agreement to the terms of our privacy policy. If we decide to change those policies, we will post those changes on this page so that you are always aware of what personal information we collect, how we use it and under what circumstances we disclose it. Your continued use of this website and its services constitute your agreement to any such changes.

We will not collect any personal information about individuals except when specifically and knowingly provided by such individuals. We will use this information in order to customize and enhance the services we offer to customers.

Examples of such information are: name, age, gender, business, home or postal address, e-mail address, phone numbers, and travel preferences. We may share non-personal aggregate, or summary, information regarding customers with partners or other third parties, but we do not sell or share any information at the individual customer level.

Payment terms. Member/Passholder agrees to make timely payment of ALL fees associated with their Member/Passholder agreement including on account retail payments. All payments will be done through Electronic Funds Transfer (EFT) from Member/Passholder's financial account (Credit/Debit Card, Checking/Savings Account). Payment for Member/Passholder agreement dues and fees will be charged on join date and recurring based on type of Member/Passholder agreement or access pass. It is the responsibility of the Member/Passholder to keep ALL account information accurate and current. Recurring charges will continue until the Member/Passholder cancels in accordance with the Cancellation Policies below. Member/Passholder may cancel recurring billing at any time by emailing info@beavertonsportsclub.com or by delivering or mailing written notice to BSC at the address above.

Default and late payments. Should Member/Passholder default on any payment obligation as called for in this agreement, BSC will have the right to declare the entire remaining balance due and payable and Member/Passholder agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten (10) days late. Should any monthly payment become more than ten (10) days past due, Member/Passholder will be charged a late fee. An additional service fee may be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member/Passholder is paying monthly dues by Electronic Funds Transfer (EFT), BSC's Designated Billing Company, Caliber Labs, LLC, reserves the right to draft via EFT all amounts owed by the Member/Passholder including any and all late fees and service fees subject to appropriate State and Federal Law.

Right to change designated billing company. BSC hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member/Passholder agrees to authorize the new Designated Billing Company to continue drafting Member/Passholder's account.

BSC may be temporarily closed for periods of up to two (2) weeks each year for maintenance purposes. BSC reserves the right to add an annual facility maintenance charge of up to, but no greater than, $150 per Member/Passholder agreement account (does not apply to free accounts). If a Facility Maintenance Charge is implemented in the future, Member/Passholder will be given a minimum of a sixty (60) day notice of the amount owed and due date. Member/Passholder authorizes the Designated Billing Company to automatically draft this amount along with the Member/Passholder's regular Member/Passholder agreement dues.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

1. Member/Passholder agrees to abide by all BSC policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other Members/Passholders with courtesy.
2. Member/Passholder agrees to pay monthly dues on time, including notifying BSC promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
3. BSC Management reserves the right to increase late penalty amount with 60 day notice to Member/Passholder.
4. Member/Passholder agrees to pay all costs of collection incurred by the holder of this agreement if Member/Passholder's account becomes more than sixty (60) days past due.
5. Member/Passholder agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below or as otherwise provided by Oregon law.
6. Member/Passholders are required to check in with the front desk using their provided BSC QR Code or valid photo ID.

1. If Member/Passholder becomes temporarily disabled, Member/Passholder may freeze their account for up to three (3) months. The request must be made in writing and BSC may require proof of the disability and a written physician note verifying that the Member/Passholder is not physically able to use the facilities of BSC.
2. A medical issue is the only circumstance where a non-senior Member/Passholder can freeze their account and must be accompanied with appropriate information from the doctor or medical facility (nature of injury, approx. recovery time). Senior Member/Passholders are allowed one freeze (up to 120 consecutive days) per calendar year. A monthly administrative fee as posted at BSC or on BSC's website will be charged to all freezes.
3. If Member/Passholder is permanently disabled, Member/Passholder may cancel this Agreement by written notice, and cancellation will be effective in accordance with Oregon law. BSC may require certification of the disability from Member/Passholder's physician. If the account is currently frozen for medical reasons and it is determined that Member/Passholder is permanently disabled, any notice period will be waived.
4. If Member/Passholder's account is frozen for any reason, Member/Passholder will be assessed a fee as posted at BSC or on BSC's website. Regular payments and time will be added to the end of the existing Member/Passholder agreement term (if applicable).
5. Nothing in this section limits or waives any cancellation or refund right Member/Passholder has under Oregon law, including ORS 646A.030 to 646A.042.

1. Member/Passholder's accounts will continue to accrue monthly Member/Passholder agreement fees until explicitly cancelled by the Member/Passholder. Member/Passholder understands that BSC will under no circumstance automatically cancel an account on behalf of the Member/Passholder and that the Member/Passholder is responsible for giving appropriate written notice to BSC. Member/Passholder's account must be current before any cancellation will take effect.
2. THREE-DAY RIGHT TO CANCEL:
   IF YOU WISH TO CANCEL THIS CONTRACT, WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO BEAVERTON SPORTS CLUB. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT. THE NOTICE MUST BE MAILED TO: BEAVERTON SPORTS CLUB, 5803 SW BEAVERTON-HILLSDALE HWY, PORTLAND, OR 97221. IF YOU CANCEL WITHIN THE THREE DAYS, BEAVERTON SPORTS CLUB WILL RETURN TO YOU WITHIN 15 DAYS ALL AMOUNTS YOU HAVE PAID.
   BSC also accepts cancellation notice by email to info@beavertonsportsclub.com. Email is offered in addition to, and does not replace, your right to cancel by delivery or mail.
3. To cancel after the three-day period, send written notice to INFO@BEAVERTONSPORTSCLUB.COM or deliver or mail written notice to BSC at the address above. In the event the Member/Passholder's next scheduled billing date is less than 30 days from the submission date, they WILL be billed the full amount of their dues per the terms outlined in their contract. Any payments due prior to cancellation taking effect will still be due and payable.
4. In addition to any other rights in this Agreement, Member/Passholder may cancel this Agreement if: (a) Member/Passholder dies or becomes totally and permanently disabled; (b) the facility, construction or improvement is not completed by the date represented in the contract; or (c) BSC materially changes the services promised as part of the initial contract. Upon such cancellation of a term agreement, Member/Passholder will receive the pro-rata refund required by Oregon law, computed by dividing the contract price by the number of weeks in the contract term and multiplying by the number of weeks remaining.
5. Except as required by Oregon law or as otherwise stated in this Agreement, annual fees, prepaid dues, programming, lessons, and punch cards will not be refunded.
6. For cancellation due to death or total and permanent disability, Member/Passholder or Member/Passholder's estate must provide a written request and certifiable proof of disability or death. For permanent disability, Member/Passholder's doctor must provide certification of the disability and state that the Member/Passholder is unable to use any of BSC's facilities. Liability for fees will terminate as of the date of death or disability, and any refund will be provided as required by Oregon law.
7. BSC reserves the right to cancel or suspend the Member/Passholder agreement of any person for any reason. If such cancellation or suspension is made due to violation of BSC policies, violation of terms of this Agreement, or due to damage rendered by Member/Passholder or Member/Passholder's guests, Member/Passholder will remain responsible for the financial obligations of this Agreement, as well as a $25.00 cancellation fee. In the case where the facility or its contents are damaged, Member/Passholder is also responsible for any repair or replacement thereof.
8. To cancel for any of the above reasons, Member/Passholder is to send or deliver a written notice to BSC or to the Designated Billing Company, and remit payment for any past due balances.

1. BSC reserves the right to refuse service to anyone, consistent with applicable law.
2. Member/Passholder, by executing this Agreement, does hereby join BSC and such agreement entitles the Member/Passholder to use the facilities. The Member/Passholder is entitled to use the facility only and Member/Passholder is required to provide Member/Passholder's own athletic equipment and clothes. The Member/Passholder may be subject to additional charges for and including, but not limited to, tennis courts, lessons, and personal training. The Member/Passholder may also be charged for purchases through the use of their account number.
3. Member/Passholder must present upon entering BSC his/her QR Code in the BSC CourtReserve mobile application. If a Member/Passholder QR Code is not provided, Member/Passholder agrees to show driver's license or other valid state or federal ID.
4. Member/Passholder agrees to abide by all Member/Passholder agreement regulations of BSC. Member/Passholder agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, Member/Passholder will be responsible for all payments due and owing under this Agreement, even if Member/Passholder does not use BSC's facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability.
5. If Member/Passholder violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, BSC may suspend the Member/Passholder's right to use the facility until such time as the Member/Passholder provides BSC with reasonable assurance of future compliance. During the period of any such suspension, the Member/Passholder shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Agreement. Additionally, Member/Passholder may be assessed an account suspension fee not to exceed $10/month. In the event Member/Passholder continues to violate the terms of this Agreement or the rules and regulations governing the facility, the Member/Passholder's agreement may be terminated by BSC, and the balance of the Agreement declared due and payable in full immediately.
6. Member/Passholder agrees that he/she shall not engage in any type of commercial or business activity while using the facilities unless allowed by BSC Management. Member/Passholder shall not act as a trainer for any other Member/Passholders or guests and any acts which constitute such business activities are strictly forbidden. If Member/Passholder engages in such commercial or business activities Member/Passholder's agreement shall be subject to immediate cancellation and the balance of this Agreement declared due and payable in full immediately.
7. Member/Passholder agrees that Member/Passholder shall abide by BSC dress code at all times while in the facility. Member/Passholder must wear a shirt or top at all times. Flip-flops or bare feet are not allowed in BSC.
8. Member/Passholder agrees that he/she will not use loud or profane language upon BSC premises nor will Member/Passholder molest, badger, assault or harass other BSC Member/Passholders, guests or employees. If Member/Passholder engages in such behavior, Member/Passholder's agreement shall be subject to immediate cancellation, and the balance of this Agreement declared due and payable in full immediately.
9. BSC prohibits the possession or use of illegal drugs, controlled substances, or performance-enhancing drugs on BSC premises. Violation may result in immediate suspension or cancellation of the Member/Passholder's agreement.
10. Member/Passholder agrees that if he/she fails to use BSC facilities that this failure shall not release the Member/Passholder from the obligation to make all payments required by the terms of this Agreement, except as otherwise provided by Oregon law.
11. Member/Passholder agrees that all disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this BSC is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or Federal court in this state. Nothing in this section waives any non-waivable right Member/Passholder has under Oregon law.
12. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree that BSC shall be entitled to recover all costs and expenses resulting therefrom, including a reasonable amount as attorney's fees, to the extent permitted by law.
13. Both Member/Passholder and BSC hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
14. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
15. Member/Passholder authorizes BSC and Caliber Labs, LLC to contact Member/Passholder by e-mail or telephone.
16. Lockers are for day use only and Member/Passholders are responsible for providing their own lock. Contents of lockers left overnight will be removed at the end of the business day. BSC is not responsible for any lost or stolen items.
17. BSC may take images or videos of Member/Passholders and guests for marketing or social media purposes. If you do not wish to have images taken by BSC, please let a team member know, so that you can opt out. By your continued use of BSC's premises and services, including participation in classes, you irrevocably consent to and grant BSC 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 BSC's commercial and promotional use on its corporate or employee social media sites.
18. This Agreement is governed by the laws of the State of Oregon.

1. BSC Member/Passholders are welcome to bring friends, family members and co-workers to enjoy the facilities. Payment of applicable guest fee is required before using the facility, unless otherwise posted. An individual can be a guest up to the limit posted at BSC or on BSC's website. If this policy is violated, at the sole discretion of the facility management, the Member/Passholder may be charged a guest fee and/or have their Member/Passholder Agreement suspended or canceled, the balance of this Agreement declared due and payable in full immediately and be assessed a penalty of up to $250.00. Member/Passholders may not allow anyone else to use their QR Code and must alert BSC immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
2. Member/Passholders who do not have their QR Code or valid state/federal ID may not be allowed into the facility during non-staffed hours, nor should they expect for anyone else to let them into the facility.
3. Coaching, lessons, and personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. Regardless, all payments for such services are to be made to BSC (unless otherwise arranged with BSC Management), who will then pay the coaches/trainers as the services are provided.
4. It is each Member/Passholder's individual responsibility to wipe down and return any equipment the Member/Passholder has used.
5. Member/Passholders are hereby required to use the safety features of the equipment. If a Member/Passholder is unsure of how to use any equipment (including ball machines), the Member/Passholder should obtain instructions from the staff or coaches.
6. Horseplay, vulgar language, abuse of equipment or facilities, using the facility while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the offending Member/Passholder's agreement, and the balance of this Agreement being declared due and payable in full immediately.
7. This BSC has a strict age requirement policy. Please see the policies posted at BSC or on BSC's website for more details.

BSC retains the right to modify these policies. Reasonable rules and regulations may be posted at BSC or on BSC's website from time to time and all Member/Passholders shall be subject to compliance therewith. Nothing in this Agreement waives any provision of ORS 646A.030 to 646A.042; any such waiver is void.

By submitting the creation of this account, Member/Passholder acknowledges receipt of this Agreement and agrees to the terms outlined herein.