Terms and conditions

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INTRODUCTION

This sets out the Terms and Conditions by which TennisForChildren agrees to provide products and services to you and child. TennisForChildren may be referred to in this document as “TFC.” We reserve the right to modify, cancel or amend these Terms and Conditions without notice.

MEMBERSHIP

Memberships must be purchased for access to any TFC classes, camps, or programs and can be found on our website at https://www.tennisforchildren.com. Membership benefits can change at any time and may vary based on location. Membership must be ACTIVE for participation. Some classes require a one-time registration fee to be paid before participation which may come with a provision specific to that program. All participating children must purchase a membership online, and our Terms & Conditions accepted before participation will be allowed. Extra liability waivers might be required depending on location, service, or other external factors. Access our COVID-19 waiver can be found under section COVID WAIVER in this document.

PAYMENT

At most locations, the first month’s tuition and the registration fee are due at time of registration. You must add payment information online. If monthly payment is not made by the due date, we reserve the right to charge your card on file. If you choose a fixed payment date you are not eligible for the rolling schedule payment adjustments.

If a monthly payment is not received by due date, we reserve the right to exclude your child from participation. Once your child has been removed from the program for any stated reason, you may be required to pay another registration fee to reenroll your child in the program.

DISCOUNTS

Discounts and special offers are extended at the discretion of TFC. Sibling discounts only apply when offered and are at the discretion of TFC. 

RENEWALS, CHANGES & CANCELATIONS

TFC billing runs on a rolling schedule, renewing monthly or every 4 classes offered (i.e. we will not offer classes during Winter Break so your payment will be 'pushed back' so as to not include those weeks when classes are not offered).

Refunds only happen when you are paying for a partial month before leaving the program for some time. In the case of inclement weather, we go online to our OffCourt work where the kids learn stretching, physical strength, coordination exercises, and tennis concepts like scoring and court logistics. If the online class is not available, we adjust your next payment back one week to include another class instead of refunding. If your membership must be canceled, please contact us immediately. A refund, or credit will be given at the discretion of TFC. To remove your child from the program, notice must be given in writing 30 days in advance. No refunds will be offered further back than 90 days.

In the event of a cancellation of an OnCourt class and the OffCourt class is offered, your membership expectations for that day are considered to have been fulfilled.  Any further participation related to that class is at the discretion of TFC.

Also, to receive a payment date adjustment, your child must have not been available for the OnCourt or OffCourt class provided (due to travel or reasonable illness or injury) AND participating in another similar OnCourt or OffCourt class, regardless of location, was impossible during the month. Written notice (due to travel or reasonable illness or injury) must be submitted at least 48 hours in advance of the class to be considered for payment date adjustment.

Any missed classes do not carry over to the next month.

CLASS PROVISIONS

Class provisions may be offered for certain TFC programs such as but not limited to: a properly sized tennis racquet will be provided for your child which is included with payment of the one-time registration fee or limited time giveaway. Provided racquets carry no warranty through TFC. Programming which does not require a registration fee may not come with any provisions.

OffCourt Workouts are offered in place of a canceled OnCourt class and any member of appropriate age is offered complimentary access. In the case an OnCourt class is canceled, you are encouraged to participate in the OffCourt Workout and encouraged to make up the OnCourt class at any available age appropriate class within the pay period or one months' time.

Exclusions

In the event that we consider:

a) you are in breach of any of these Terms and Conditions or any regulations issued by us;

b) the behavior of your child is disruptive or likely to put other children or TFC staff in danger; or

c) your behavior towards us, other participants, children in our care or our suppliers, agents, managers, teachers, or employees is disruptive, inappropriate, consistently negligent or likely to bring us or any of our products or services into disrepute, we reserve the right to exclude your child from any TFC activity.

If your child is excluded, no fees will be repaid to you, and we reserve the right to seek payment of the balance of any fees due to us.

Returned payments and refunds

We reserve the right to make an administrative charge of $25.00 to cover declined credit card payments.

In circumstances where a payment is returned, we reserve the right to exclude your child without refund or credit in relation to missed classes until the amount of the returned payment is repaid in full. Refunds are issued in the form in which the original payment was made. We will process any refund within 30 days. No credits or refunds will be issued retrospectively.

Liabilities

CANCELLATIONS & VENUE CHANGES

We reserve the right to cancel any program, camp event or other service at any time up to and including the date the activity starts. Should this occur, we will attempt to give you at least seven days’ notice where possible and will attempt to offer you a viable alternative or a refund of any fee paid. All class start times and end times are estimated. Please be understanding if the class starts or ends a few minutes early or late. 

HEALTH & INJURIES

We accept children on the assumption that they are in good health, and it is your responsibility to alert us to any medical complaint or history suffered by your child. You must provide information on allergies and health concerns to TFC staff in writing before participation.

We do not accept responsibility for loss or damage arising from errors or omissions on the Registration Form whether completed by you or by another person in charge of your child at the time of completion.

We do not accept liability for death or personal injury to any child attending TFC or any activity related to TFC whether organized by TFC or otherwise save to the extent that such injury shall be proven caused by the negligence or default of any member of our staff or any other default on our part. This liability waiver extends to any and all contractors, vendors, or properties utilized by TFC.

PERSONAL PROPERTY

We do not accept responsibility for any loss of, or damage to, personal property belonging to you or any child irrespective of whether such possessions might be used by you or the child for the purposes of any TFC activity save to the extent that such loss shall be proven caused by the negligence or default of any member of our staff or any other default on our part.

OTHER LOSSES

We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in transportation, weather, illness, or bereavement.

THIRD PARTIES

A person who is not party to these Terms and Conditions or any agreement or document incorporating these Terms and Conditions shall have no right to enforce any of its terms.

Use of personal information

Information you provide or we hold about you (whether or not under our contract (or contracts) with you) may be used by us and our agents to:

a) identify you when you contact us;

b) help identify services and/or products provided by us which you may be interested in;

c) help administer, and contact you about improved administration of, any accounts, services and products we have provided before, or provide now or in the future;

d) carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information;

e) help to prevent and detect fraud or loss; and

f) contact you in any way (including mail, email, phone, visit, text or multimedia messages) about products and services offered by us.

We may monitor and record any communication with you for quality assurance, legal, compliance or training purposes.

From time to time, photographs, video, or audio recordings may be made during TFC activities for publicity, promotional or broadcast purposes. Please inform us before any such event if you do not wish you or your child to appear or be identified in any such material. Any images or video acquired by TFC during our programming is property of TFC.

We use cookies for web traffic analytics.

Miscellaneous

GENERAL

These Terms and Conditions and any Registration Forms you have signed constitute the entire agreement between you and us in connection with your booking, purchase or use of our products and services superseding any prior agreements between you and us.

You agree that you have entered into these Terms and Conditions without reliance on any representation, warranty or undertaking by us which is not set out expressly in these Terms and Conditions.

CONTACT

We will be deemed to have received any communication from you at the time of processing and, in the case of communication other than by telephone, we will attempt to respond within seven working days.

We may contact you by mail, telephone, email, text or fax. Notification sent to you by mail will be deemed received by you within two working days. Any other notification will be deemed received by you within one working day.

It is your responsibility to ensure that we have current contact details for you and all adults authorized to make decisions regarding your child.

You must keep us apprised of any changes in the health or other relevant circumstances or you of your child.

LAW & JURISDICTION

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should attempt to give effect to the parties intentions as reflected in the provision and that other provisions remain in full force and effect.

These Terms and Conditions are subject to the laws governing contracts in the state of Georgia.

COVID WAIVER

Assumption of the risk and waiver of liability relating to Coronovirus/COVID-19 

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Euphoria Studios LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. 

I further acknowledge that TennisForChildren cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, business staff, and other business clients and their families. 

I voluntarily seek services provided by TennisForChildren and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that: 

* Neither my child/ren nor I are experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* Neither my child/ren nor I have traveled internationally within the last 14 days. 

* Neither my child/ren nor I have traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe my child/ren or I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19. 

* Neither my child/ren nor I have been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
* We are following all CDC recommended guidelines as much as possible and limiting our exposure to the Coronavirus/COVID-19. 

I hereby release and agree to hold 233 Group LLC (DBA: TennisForChildren) harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the business, or that may otherwise arise in any way in connection with any services received from 233 Group LLC (DBA: TennisForChildren). I understand that this release discharges 233 Group LLC (DBA: TennisForChildren) from any liability or claim that I, my heirs, or any personal representatives may have against the business with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from 233 Group LLC (DBA: TennisForChildren). This liability waiver and release extends to the business together with all owners, partners, and contractors. 

Updated 4.28.22 by 233 Group LLC 

Website Use

Agreement between User and https://www.tennisforchildren.com

Welcome to https://www.tennisforchildren.com. The https://www.tennisforchildren.com website (the “Site”) is comprised of various web pages operated by Ankle Biters ExtraCurriculars (“ABEC”). https://www.tennisforchildren.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.tennisforchildren.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.tennisforchildren.com is an E-Commerce Site.

Our mission is to provide your entire family with a mind and body program that will nurture and encourage growth, healthy living, and closeness within the family. We have online support available, private and in-home fitness products, and safe, private summer camps for kids and families concerned with COVID-19 exposure. Our instructors teach Tennis, Fitness, Chess, Basketball, Health and Wellness, Gardening, and more.

Electronic Communications

Visiting https://www.tennisforchildren.com or sending emails to ABEC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ABEC is not responsible for third party access to your account that results from theft or misappropriation of your account. ABEC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

ABEC collects personally identifiable information from children under the age of thirteen. ABEC collects this information for the following reason(s):

1) we collect birth dates so we can discern groups by age of children

2) we collect full names to add to rosters for instructors

3) we collect school name to use as a locator for local programming

4) we collect teacher name because school administrators require us to add a teacher name to rosters for submission before and during programming at certain locations

5) we may ask about eating habits and physical activities so instructors can tailor lesson plans to each child’s needs

6) we collect gender information for groupings as well as for school administrative requests

7) we collect and track which grade children are in to confirm correct teacher name and for groupings

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use https://www.tennisforchildren.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Your enrollment is renewed automatically on the 1st of every month or on the annual anniversary of your registration. In the event that your registration has to be canceled, please contact us immediately. A refund or credit will be given at the discretion of ABEC. To remove your enrollment in any program, notice must be given in writing 30 days in advance. No refunds will be offered further back than 90 days.

Links to Third Party Sites/Third Party Services

https://www.tennisforchildren.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ABEC and ABEC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABEC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABEC of the site or any association with its operators.

Certain services made available via https://www.tennisforchildren.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.tennisforchildren.com domain, you hereby acknowledge and consent that ABEC may share such information and data with any third party with whom ABEC has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.tennisforchildren.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.tennisforchildren.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ABEC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ABEC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ABEC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ABEC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ABEC or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by ABEC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ABEC Content accessed through https://www.tennisforchildren.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ABEC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ABEC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ABEC in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ABEC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ANKLE BITERS EXTRACURRICULARS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ANKLE BITERS EXTRACURRICULARS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ANKLE BITERS EXTRACURRICULARS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANKLE BITERS EXTRACURRICULARS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANKLE BITERS EXTRACURRICULARS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

ABEC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABEC as a result of this agreement or use of the Site. ABEC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ABEC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ABEC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ABEC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ABEC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ABEC reserves the right, in its sole discretion, to change the Terms under which https://www.tennisforchildren.com is offered. The most current version of the Terms will supersede all previous versions. ABEC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

ABEC welcomes your questions or comments regarding the Terms:

Ankle Biters ExtraCurriculars

1880 Braselton Hwy Suite 118 #5028

Lawrenceville, Georgia 30043

Email Address:

info@tennisforchildren.com

Telephone number:

678-221-4191

Effective as of July 28, 2021