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TERMS + CONDITIONS

EXHIBIT A - TERMS + CONDITIONS

In consideration of my payment and membership to Portland Community Squash’s (hereafter, “PCS”) Principal Facility and access to PCS’s corresponding services and Activities, I for myself, my personal representatives, assigns, heirs and family agree as follows:

Provisions

PCS will provide a variety of services and activities, including squash and fitness. PCS may have to limit access occasionally for functions and repairs.

Payment

The amount I will pay is based on type of membership I have selected in accordance with the fee schedule attached here to as Exhibit A. I confirm that the total payment amount is for the individuals listed on the member signing page.

Charges
I authorize PCS to charge the credit or debit card I provide below or to execute an Automated Clearing House according to the total fee agreed upon using the Fee Schedule attached to this Membership Agreement. PCS will execute the payment, in whatever form agreed upon on the first day of the month while membership is active. Dues paid annually are non-refundable.

Schedule

Open hours are from 7 am - 9 pm weekdays, 8 am - 6 pm weekends. The courts will be reserved for junior programs from 2 pm - 5 pm during business days and periodically on weekends. The Management reserves the right to change hours at their sole discretion.

I agree to the Code of Conduct, Exhibit B, which includes:
1. Will not violate posted rules
2. Will not endanger and/or disregard the welfare, health or safety of the PCS Community
3. Will not conduct theft or improper use of property
4. Will not conduct myself in a way that interferes with the orderly business of PCS
5. Sanctions
I agree to the Liability Release, Exhibit C, which includes:
1. Health Warranty - I accept that individuals on the membership will only participate in activities they are in good health to perform. All individuals will abide by all safety rules.
2. Assumption of Risk - I fully accept and assume all such risks and all responsibility for losses, costs, and damages for myself and the members I am signing for.
3. Waiver of Liability - I hereby release, waive and discharge PCS and any affiliates of PCS from all liability, claims, demands, causes of action, losses, fees, expenses or damages arising from my participation in PCS activities.
4. Indemnification - I will defend, indemnify and hold PCS and all affiliates harmless from all claims.
5. Waiving Right to Sue - If anyone is injured or dies or if any property is damaged, I have no right to sue PCS or affiliates.
6. Photo Release - I may be photographed or videoed for marketing purposes.

Responsibility to Pay for Damages

I hereby agree that I am responsible for any and all damage to PCS equipment or facilities under the care, custody, and/or control of anyone on this membership.

Severability

If any portion of this agreement is ruled by a court of competent jurisdiction to be invalid, unlawful or unenforceable, the rest shall, notwithstanding, continue in full legal force and effect.

Full and Entire Contract

No one has made any oral statements, representations or inducements to me not expressly contained in this agreement and, upon entering into this agreement, I have not relied upon anything not expressly contained herein. This Agreement and the Rules and Regulations constitute the full and entire understanding and agreement between PCS and me with regard to the subjects hereof and thereof.

Suspension / Membership Revocation

PCS has the right to suspend and/or terminate any membership for non-payment of dues or fees, failure to abide by the Code of Conduct (Exhibit B), or for behavior that negatively affects the enjoyment of PCS by other members and staff.

Governing Law

This agreement shall be governed by the laws of the State of Maine.

If any of the individuals listed in Section 2 are minors (those under the age of 18), then I, as Parent or Legal Guardian, shall explain this document to the best of my abilities to the minors so that they understand their rights and responsibilities.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS. ADDITIONALLY, I HAVE CONSENTED TO IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

EXHIBIT B - CODE OF CONDUCT

Purpose of the Code: Portland Community Squash (“PCS”) requires that members, guests, employees, and volunteers (the “PCS Community”) conduct themselves responsibly with respect for PCS and the members of the PCS community. All members of the PCS Community are bound to follow this Code.

Persons Governed by the Code: This Code applies to the PCS Community.

Conduct Governed by the Code: This Code applies to conduct that adversely affects the interests of PCS or members of the PCS Community.

Examples of Misconduct include, but are not limited to:

A. Violation of posted policies, rules, or regulations:
B. Conduct that endangers and/or disregards the welfare, health or safety of the PCS Community which includes:

a. Verbal abuse or action that produces mental or physical discomfort, embarrassment, or ridicule directed at any member or the PCS community;

b. Threats of harm or injury, either stated or implied, addressed directly to any member of the PCS community;

c. Acts of sexual harassment or misconduct. Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment and is prohibited by federal law, state law and this Code of Conduct.

d. Acts of assault, harassment, physical abuse or stalking directed toward any member of the PCS Community;

e. Conduct that is disruptive, lewd or indecent or aiding and abetting others in such conduct;

f. Use or possession of firearms, explosives, other weapons, or dangerous chemicals on PCS premises (including in vehicles);

g. Tampering with fire or safety equipment, creation of a fire hazard, or other dangerous condition, or making false reports of fire, or other dangerous conditions;

h. Use, possession, sale or distribution of alcoholic beverages or drugs or other controlled substances prohibited by law, being under the influence of drugs or alcohol on PCS property or facilities. Notwithstanding anything to the contrary, members of the PCS Community who are over the age of twenty-one (21) may drink alcoholic beverages after 6:30 p.m weekdays and 4:00 pm weekends.; provided such members act responsibly in such possession and take reasonable measures to prevent such beverages from being consumed by members who are under the age of twenty-one (21).

i. There is to be no smoking on PCS property.

j. Reckless or dangerous operation of a motor vehicle on PCS property which endangers persons or property.

k. Any other conduct that threatens or endangers the health or safety of any person in the PCS Community.

C. Theft or Improper use of Property which includes, but is not limited to:

a. Misuse, destruction, defacement or unauthorized requisition, removal or use of PCS property or PCS Community property;

b. Unauthorized entry to PCS premise or unauthorized possession of PCS keys.

c. Theft or other abuse of technological resources, including Unauthorized entry into electronic files, to use, read, or change the contents, or for any other purpose; Unauthorized transfer of electronic files or copyrighted software programs; Unauthorized use of another individual's identification and password; Use of technological resources that interferes with the work of another student or staff member; Use of technological resources to send, publish, or display obscene, pornographic, threatening, or abusive messages; Use of technological resources to receive, browse, store or view obscene or pornographic materials; Use of technological resources for criminal activity; and/or Use of technological resources to interfere with normal operation of the PCS computing system.

D. Other conduct that interferes with the orderly business of PCS.

Sanctions for Code Violations

A. Members of the PCS Community who violate this Code may be subject to one or more sanctions which include but are not limited to:

WARNING - a notice in writing to the student/member who is violating or has violated institutional regulations;
LOSS OF PRIVILEGES - denial of specified privileges for a designated period of time;
PCS SUSPENSION - separation from PCS for a definite period of time, after which the student/member is eligible to return. Conditions for readmission will be specified;
PCS TERMINATION - permanent termination of the PCS Membership.

EXHIBIT C - WAIVERS

Transportation

I give permission for my family to be transported in a motor vehicle by Portland Community Squash. I understand that the person being transported is expected to follow all applicable laws regarding riding in a motor vehicle and is expected to follow the directions provided by the driver. I understand that transportation is only allowable to activities associated with participation in Portland Community Squash activities (as defined in the Release of Liability and Assumption of Risk included hereto). I have read and understand that:

Riders traveling in a motor vehicle are to wear their safety belt;
All riders are expected to respect each other, the vehicle they ride in, and the people they travel with during the trip;
Riding in a motor vehicle may result in personal injuries or death from crashes, collisions or acts by riders, other drivers, or objects; and
If at any time the driver identifies that safety is a concern, they will stop the motor vehicle and arrange for alternative transportation.

Assumption of Risk and Waiver and Release of Claims:

I recognize and acknowledge that Portland Community Squash is neither a common carrier nor in the business of providing transportation services to the public. I further recognize and acknowledge that there are certain risks of physical injury to vehicle passengers, and on behalf of myself and/or my minor child, ward or minor child for whom I stand in loco parentis (the “minor child”). I voluntarily assume the full risk of any injuries, damages or loss, regardless of severity, that I or minor child may sustain as a result of participating in any and all activities connected with or associated with receiving transportation services by Portland Community Squash, including but not limited to injuries, damages and loss arising out of negligent operation or supervision of the vehicle. I further agree to waive and release all claims I or minor child may have (or that accrue to me or minor child) against Portland Community Squash, including its respective officials, board members, agents, volunteers and employees (hereinafter collectively referred to as “Party”). On behalf of myself and/or minor child, I do hereby fully release and forever discharge the Party from any and all claims for injuries, damages or loss that I or minor child may have or which may accrue to me or minor child arising out of, connected with, or in any way associated with transportation provided to me or minor child by Portland Community Squash. I also agree to defend, indemnify, and hold harmless Portland Community Squash and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, fees. Or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against Portland Community Squash or any other Releasee arising out of or resulting from any claim of a third party related to the Participant’s transportation, including any claim related to my own negligence or the ordinary negligence of Portland Community Squash.

I have read this entire permission and waiver form. I fully understand its terms and conditions, and I agree to be legally bound by its terms.

Release of Liability and Assumption of Risk

As part of its programming, Portland Community Squash offers participants the opportunity to engage in a variety of sports, competitions, trips and activities (collectively, the “Activities”). Such Activities include but are not limited to: squash, pickleball, basketball, and team sports and pick-up games, and other fitness-related activities.

As a conditions of participation in Porland Community Squash programming, we ask that you carefully read this Release of Liability and Assumption of Risk (this “Release”) and indicate with your signature that you understand and will comply with all the statements contained herein. Your child’s signature is also required.

I hereby give my permission and consent for my family to take part in the Activities offered by Portland Community Squash. The undersigned Participant hereby agrees to participate in the Activities, subject to the following terms and conditions, to which Parent and Participant hereby agree to be legally bound.

Assumption of Risk:

I acknowledge that participating in Activities will involve many serious and inherent risks, that no amount of care, caution, instruction or expertise can fully eliminate the inherent dangers associated with Activities, and Portland Community Squash cannot guarantee my safety while participating in the Activities. Such risks include, but are not limited to:

Minor injuries such as muscle strains or sprains, scratches, cuts, and/or bruises; and
Major injuries such as sprains tendonitis, rupture or other injuries to back, shoulder, knees, ankles, hands/wrists, or other joints and ligaments, infection from the physical proximity with others, injuries to eyes including loss of sight, concussions, paralysis, or even death.
Risks associated with physical activity including cardiovascular events, heart attack, stroke, heat exhaustion, heat stroke, dehydration, respiratory issues, and other risks of triggering or exacerbating underlying medical conditions.

I AM AWARE AND UNDERSTAND THAT ACTIVITIES ARE A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVE THE RISK OF SERIOUS PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING. TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOLWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE O THE COMPANY, OR ITS REPRESENTATIE OR EMPLOYEES, INCLUDING NEGLIGENT EMERGENY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

Agreement to Waive Claims and Release of Liability: In consideration of the Participant being allowed to participate in the Activities, the Participant and I hereby expressly waive and release any and all claims, now know or hereafter know, against Portland Community Squash and its trustees, directors, officers, managers, agents, employees, affiliates, successors, assigns, and volunteers (the “Releasees”) arising out of or attributable to the Participant’s participation in the Activities, whatever the cause, whether arising out of the ordinary negligence of Portland Community Squash or any Releasees or otherwise. I covenant not to make or bring any such claim against Portland Community Squash or any other Releasee, and forever release, hold harmless, and discharge Portland Community Squash and all other Releasees from liability under such claims and accept full legal responsibility on behalf of myself and the Participant for any such loss, damage, injury, illness or death.

Indemnification: I shall defend, indemnify, and hold harmless Portland Community Squash and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, fees. Or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against Portland Community Squash or any other Releasee arising out of or resulting from any claim of a third party related to the Participant’s engagement in the Activities, including any claim related to my own negligence or the ordinary negligence of Portland Community Squash.

Medical: I hereby consent to the Participant receiving medical treatment deemed necessary if the Participant is injured or requires medical attention during the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Portland Community Squash from any claim based on such treatment of other medical services.

Neither the Participant nor I are aware of any medical conditions, impairments, restrictions, illnesses or injuries that would prevent or limit the Participant from engaging in all aspects of the Activities. Further, any medical conditions that do exist, and that may require accommodation or assistance during the Activities or would be important for emergency medical personnel or chaperones to be aware of, are disclosed below: (include physical restrictions, allergies, etc.)

This Release constitutes the sole and entire agreement of Portland Community Squash, and Participant, and I with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term of provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term of provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Portland Community Squash, the Participant, and I as well as their/our respective successors and assigns. All matters arising out of or related to this Release shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice of conflict of law provision or rule (whether of the State of Maine or any other jurisdiction). Any claim or cause of action arising under this release may be brought only in the federal and state courts located in the State of Maine and I hereby consent to the exclusive jurisdiction of such courts.

Photo Release

By signing this form, I grant permission to Portland Community Squash and its successors, licensees, and assigns to photograph my family or otherwise record by family’s image, likeness, or voice and to publish such image in any form, including, but not limited to, print, electronic, video, or internet.

I also consent and permit such images or depictions of my family to be used by Portland Community Squash for any purpose, including, but not limited to, illustration, trade, advertising or promotion. I understand and agree that Portland Community Squash may publish such images or deceptions of my family without my or my family’s notification prior to or after such publication. I also grant to Portland Community Squash permission to edit, crop, retouch, or otherwise alter such images or depictions of my family and waive any privilege to inspect such images or depictions prior to publication. I understand that Portland Community Squash may use the images or depictions of my family with or without associating my or my family’s name thereto, and I waive any right to approve any copy associated with such images or depictions prior to publication. I also waive any claim for compensation of any kind for the use or publication of the images or depictions of my family.

I also waive any claim for damages of any kind including, but not limited to, invasion of privacy or misappropriation, arising out of the use or publication of such images or depictions of my family by Portland Community Squash. I agree that any intellectual property rights associated with such images or depictions of my family are the sole property of Portland Community Squash.

I hereby certify that I have read this document; and, I understand its content. I am aware that this is a release of liability as well as a contract and I consent to it of my own free will.