1.  Term and Termination. These Terms shall commence upon the date of Your signature below and shall continue until terminated by either Party at any time and for any reason with thirty (30) days written notice to the other Party prior to the termination. You may choose to terminate these Terms at any time prior to the fifth business day after the date of Your agreement, excluding any Sundays and holidays, by providing termination notice via email to [email protected] Paddle may also immediately terminate these Terms and suspend or terminate Your access to the Services, if in its sole discretion, it believes that You have breached these Terms. If terminated by Street Paddle due to Your breach, it is under no obligation to issue You any refunds.
2. Fees. As a condition of Your use and access to the Services, You agree to pay any applicable tour, tournament, and/or selected class and package fees (collectively, “Fees”), including those listed here via credit card or check in advance: https://streetpaddle.co/classes/                      . You must have on file with Street Paddle a valid credit card with sufficient funds available to pay the agreed upon Fees. Your access to the Services will be suspended if Your credit card is cancelled, Fees for Services received are disputed or charged back, or if any charge is denied by the credit card company. You shall be responsible and liable for any Fees, including attorney’s fees and collection costs, that Street Paddle may incur in its efforts to collect any unpaid balances from You.
   1. Class and package fees: are final and non-refundable, except as required by law.
   2. Tour membership subscriptions: You may cancel Your subscription by sending advance notice of at least 10 days via e-mail to [email protected] prior to the end of the current tour round.
      1. For monthly tour subscriptions:
         1. Cancellations made prior to ten (10) days from the start of a tour round are subject to withholding of a thirty percent (30%) fee of the remaining subscription balance, with a refund of seventy (70%) of the remaining subscription balance.
         2. Cancellations made after ten (10) days from the start of a tour round are subject to withholding of a fifty percent (50%) fee of the remaining subscription balance, with a refund of fifty (50%) of the remaining subscription balance.
      2. For prepaid tour subscriptions:
         1. Cancellations made prior to ten (10) days from the start of a tour round are subject to withholding of a thirty percent (30%) fee of the remaining subscription balance (balance divided equally between the number of rounds), with a refund of seventy percent (70%) of the remaining balance.
         2. Cancellations made after ten (10) days from the start of a tour round are subject to withholding of a fifty percent (50%) fee of the remaining subscription balance, with a refund of fifty (50%) of the remaining subscription balance.
   3. Tournaments: additional terms may be applicable, on a case-by-case basis.
3. Code of Conduct. You agree to act in a respectfully and socially acceptable manner while using the Services. You may not engage in behavior or conduct that Street Paddle, in its sole discretion, considers unruly or inappropriate, including without limitation, harassing, badgering, antagonizing, taunting, threatening, abusing, touching, or otherwise acting in an aggressive, unsportsmanlike, indecent, vulgar, hateful, or inappropriate manner towards any other individual. You agree to conduct Yourself in a respectful manner towards others, and may not intentionally film or photograph another individual without their permission. Street Paddle reserves the right to cancel, suspend, or otherwise limit, or terminate Your use of the Services if You engage in any conduct or behavior that Street Paddle, in its sole discretion, considers to be a violation of these Terms, without liability.
4. Consent to use Your Photo, Video, and Likeness. You hereby grant to Street Paddle the right, permission, authorization, and consent to use Your likeness in a photograph, video, or other digital media (collectively referenced herein as “Likeness”) in any promotional materials disseminated by Street Paddle, including but not limited to on its website and on social media platforms, in perpetuity, without further permission or compensation. This grant is irrevocable. You waive any right to inspect or approve further use wherein Your Likeness appears. You waive any right to royalties or other compensation arising from or related to any use of Your Likeness. You expressly agree to hold harmless, release, and forever discharge Street Paddle from any and all claims, demands, and causes of action related to my right of privacy, right of publicity, and/or any use of Your Likeness.
5. Waiver and Release. Your participation in the Services may involve aerobic, strength, flexibility, conditioning, stretching, and other exercises. You should not participate in the Services if You are ill or have any other injury or condition that prevents or is likely to prevent You from safely participating in the Services. You represent that you have no medical or physical condition that would prevent you from using the Services, and have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities, conditions, or injuries, that you are at risk in participating in the Services, and should not be participating in the Services. Street Paddle is not liable for the conditions where You choose to participate. You knowingly and voluntarily agree to assume and accept any and all risks of injury and agree to, on behalf of Yourself and Your heirs, personal representatives, and/or assigns, to release, discharge, and hold harmless Street Paddle and its employees, contractors, officers, directors, owners, representatives, agents, successors, and assigns from and against any and all liability, damages, losses, causes of action (including negligence) or other claims, including property damage, personal injury, or death, arising out of or relating to the Services and Your participation in the Services. In consideration of being allowed to participate in the Services, You hereby agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by You in relation to the Services; release, indemnify, and hold harmless Street Paddle, and its employees, contractors, officers, directors, owners, representatives, agents, successors, and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or related to Your participation in the Services. Further, the maximum extent permitted by law, Street Paddle will not be liable for the loss or theft, or damage to, any personal property, including without limitation, any items left on or near the paddle ball courts.
6. COVID-19 Regulations. You understand the risks of COVID-19 and assume any and all risks regarding Your use of the Services. You are responsible for knowing and complying with all CDC and governmental (including local) regulations.
   1. Masks: Required at all times, except while playing.
   2. Maintain social distancing: While on the court, You agree to stay at least 6 feet away from Your opponent.
   3. If You are not feeling well, or are sick, You agree to postpone Your use of the Services.
   4. If You have tested positive for COVID-19, You agree that You will refrain from using the Services until You have tested negative twice, with each test administered at least 24 hours apart.
   5. Street Paddle reserves the right to change its above COVID-19 policies, consistent with any applicable recommendations and regulations.
7. Marketing Communications. By signing up, You agree to receive electronic communications from Street Paddle, including but not limited to our newsletter, special offers, promotions, and other information about Street Paddle’s offerings. If You do not wish to receive any such communications, You can opt out by clicking on the unsubscribe link. However, we may continue to send You administrative communications regarding classes, and other notices regarding the Services.
8. Weather and Defaults. Street Paddle has sole discretion to cancel, suspend, or reschedule Services, in the event that it determines that severe weather conditions preclude it from safely providing the Services.
9. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. STREET PADDLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, OR COMPLETENESS OF THE SERVICES; OR (II) THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. STREET PADDLE ADVISES YOU TO SEE YOUR PHYSICIAN’S ADVICE PRIOR TO ENGAGING IN THE SERVICES, OR IF YOU HAVE QUESTIONS OR CONCERNS REGARDING YOUR HEALTH AND FITNESS REGIMEN AND ABILITY TO PARTICIPATE SAFELY IN THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STREET PADDLE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES AND IS NOT RESPONSIBLE FOR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO USE THE SERVICES IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STREET PADDLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE SERVICES.
10. LIMITATION OF LIABILITY. EXCEPT FOR ANY OTHER WARRANTY SET FORTH IN THIS AGREEMENT, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree to indemnify and hold harmless Street Paddle against all Losses arising out of, connected with, or resulting in any way from Your use of the Services, whether or not a violation of this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STREET PADDLE, ITS employees, contractors, officers, directors, owners, representatives, agents, successors, OR assigns BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE THESE TERMS. IN ADDITION, IF AND TO THE EXTENT THAT STREET PADDLE IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, STREET PADDLE’S AGGREGATE LIABILITY UNDER ANTY THEORY OF RECOVERY IS LIMITED TO THE AMOUNT OF THE FEES PAID BY YOU HEREUNDER. THIS IS THE ENTIRE LIABILITY OF STREET PADDLE AND IS YOUR EXCLUSIVE REMEDY.
11. Governing Law. These Terms will be governed by the laws of the State of California, without regard to principles of conflicts of law. Any action arising out of or related to these Terms or the Services shall be brought exclusively in Los Angeles County, California, and the Parties irrevocably consent to the exclusive jurisdiction of said courts.
12. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of these Terms shall not be affected and those provisions shall continue in full force and effect. If a court or other decision-maker should determine that any provision of these Terms is overbroad or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable.
13. Headings. Headings used herein are for reference purposes only and neither limit nor amplify the terms and conditions herein.
14. Entire Agreement and Amendments. No course of prior dealings between the Parties and no usage of the trade will be relevant to supplement or explain any term used in this Agreement. No amendment or extension of these Terms will be binding unless in writing and signed by both Parties. Whenever a term defined by the Uniform Commercial Code is used in this Agreement, the definition contained in the code is to control.
15. Modification/Revocation. This Agreement may be modified or revoked only by a written instrument executed by both Parties or their duly authorized agents.
16. Waiver. Failure to invoke any right, condition, or covenant under these Terms by either Party will not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither Party may rely on such failure. No claim or right arising out of the breach of these Terms can be discharged in whole or in part by a waiver or renunciation of such claim or right unless the waiver or renunciation is in writing signed by the aggrieved Party.
17. Non-Assignment. These Terms may not be assigned by You to any third party, whether by operation of law or otherwise, without the express prior written consent of Street Paddle, and any such attempt will be void. However, Street Paddle may transfer its rights under these terms to a third party in connection with a merger, corporate reorganization, or sale of all or substantially all of its assets. These Terms will inure to the benefit of and be binding on Street Paddle’s successors and permitted assigns.

BY SELECTING “I AGREE WITH THE TERMS & CONDITIONS AND COVID-19 REGULATIONS” AND CLICKING “SUBMIT”, AND BY USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY, AND STRICTLY ADHERE TO ALL OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THE SERVICES.