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.

 

1. 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

2. 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.

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

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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:

1. WARNING - a notice in writing to the student/member who is violating or has violated institutional regulations;

2. LOSS OF PRIVILEGES - denial of specified privileges for a designated period of time;

3. 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;

4. PCS TERMINATION - permanent termination of the PCS Membership.

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EXHIBIT C - ACCIDENT WAIVER AND RELEASE OF LIABILITY

 

I acknowledge that squash is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by facilities, temperature, condition of athletes, equipment, actions of other people including, but not limited to, participants, volunteers, coaches, and lack of hydration. I hereby assume all of the risks of participating and/or volunteering at Portland Community Squash. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released.

 

I represent and covenant that (1) I am physically fit and have not been advised otherwise by a qualified medical person and (2) I will at all times abide by all applicable laws and all instructions, rules and directions of Portland Community Squash. I acknowledge that Portland Community Squash will use this Accident Waiver and Release of Liability form, and that this from will govern my actions and responsibilities while at Portland Community Squash.

 

In consideration of my application to participate at Portland Community Squash, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) Waive, Release and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including, but not limited to, my traveling to and from Portland Community Squash and while I am on the premises of Portland Community Squash, (B) Indemnify and Hold Harmless, and Agree Not To Sue Portland Community Squash and any its members, partners, directors, managers, officers, employees, sponsors, agents or volunteers (the “Releasees”) for any and all liabilities, claims, costs and expenses (including attorneys’ fees) made as a result of participation at Portland Community Squash, whether caused by the negligence of the Releasees or otherwise. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and/or illness at Portland Community Squash.

 

I understand that at Portland Community Squash or related activities, I may be photographed. I agree to allow my photo, video or film likeness to be used for legitimate purposes by Portland Community Squash.

 

The Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I acknowledge that this Accident Waiver and Release of Liability form will be used by Portland Community Squash and that it will govern my actions and responsibilities in said activity or event. This release shall be governed by the laws of the State of Maine.

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EXHIBIT D - COVID-19 Waiver

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The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

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Portland Community Squash, (PCS) has put in place preventative measures to reduce the spread of COVID-19; however, PCS cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Club could increase your risk and your child(ren)’s risk of contracting COVID-19.

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By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending PCS and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at PCS may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PCS employees, volunteers, and program participants and their families.

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I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at PCS or participation in PCS programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless PCS, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of PCS, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any PCS program.

 

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.

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