Oregon Badminton Academy LLC 5805 SW 107th Ave, Beaverton, OR 97005 (“the Academy”)
MEMBERSHIP TERMS AND CONDITIONS
1. INTERPRETATION AND VARIATION
1.1 These are the Terms and Conditions of Membership (“Terms & Conditions”) incorporated into the membership agreement between the Academy and each Member (“the Membership Agreement”).
1.2 The Academy reserves the right to vary and revoke these Terms & Conditions from time and in addition to make, vary and revoke the by‐laws which it may consider necessary or desirable for the regulation of the internal affairs of the Academy and the conduct of members and their guests. Any such changes will be notified to members and, until revoked, are binding on members.
2. ACCEPTANCE & COMMENCEMENT OF MEMBERSHIP
2.1 Acceptance of an application for membership is in the absolute discretion of the Academy.
2.2 Subject to paragraph 2.1, when an applicant that has signed the Membership Agreement and the Academy has received his/her initiation fee and first dues, he/her shall become a member of the Academy with which he/she registered and shall be entitled to all the privileges of his/her membership of the Academy.
3. PAYMENT TERMS & AGREEMENTS
3.1 Initiation fees and subscription fees shall are determined by the Academy and may be subject to change from time to time without notice. Details of all fees are available from the Academy’s office and website.
3.2 The annual membership subscription fee can be paid either monthly or annually (Debit, Credit Card, or check). Any member who falls behind in payment for more than 30 days will forfeit his/her membership and will be required to pay a reactivation fee to re‐join the Academy
3.3 Photo ID is required for membership subscription.
3.4 The first subscription fees that a member pays on joining the Academy will be a ‘starter Payment’, which includes the Initiation Fee, and monthly/annual direct debit payment. The next monthly/annual direct debit payment will begin on the first day of the following month/year which membership commences.
3.5 Annual subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the member uses the Academy’s facilities.
3.6 A membership card with a unique member ID will be given to each member upon the payment of the first subscription fee. If a member loses his/her membership card, a replacement card can be issued with $15 processing fee.
4. CANCELLATION
4.1 Subject to the provisions of the Membership Agreement, a member may cancel his/her membership at least 30 days before the beginning of the next annual billing date.
4.2 It is the responsibility of the member to cancel his/her Direct Debit with their bank or financial institution on termination of their membership. The Academy cannot he held liable for any payments processed due to the failure of a member not canceling their Direct Debit.
4.3 Initiation fees and annual subscription fees are non‐refundable unless otherwise stated in these Terms and conditions.
4.4 Members who do not wish to accept a change proposed by the Academy to these Terms and Conditions may cancel their membership by giving written notice to the Academy. The notice must be given before or within 14 days after the change to the Terms and Conditions and membership will expire at the end of the relevant calendar year.
4.5 The Academy reserves the right to expel from the Academy, suspend for a specific period, or refuse to renew the membership of any member whose conduct is or may, in the Academy reasonable opinion, be detrimental to the character of the Academy, amounts to a breach of the Terms and Conditions, or where such expulsion is otherwise in the interests of the other members of the Center membership and shall not be entitled to any repayment of his Initiation fee or monthly/annual payment for any period during which his/her membership is suspended.
5. GENERAL
5.1 Members are required to give written notice to the Academy of any change of address. Failing such notice, all communications shall be assumed to have been received by the member within 5 days of mailing to the last address notified to the Academy.
5.2 The Academy reserves the right to refuse admission to the Academy.
5.3 The Academy may, if a member so wishes, communicates with the member by electronic mail (“email”). By providing an email address to the Academy, the member consents to receiving email communications from the Academy, including notices pursuant to these Terms and Conditions. The member also accepts the risk that the email may not be a secure and confidential means of communication. The Academy will not be liable for any loss or damage suffered as a result of communicating with a member by email.
RULES AND REGULATION
Oregon Badminton Academy (“OBA”) members, guests, court rental players, and coaches (hereinafter referred as “participants”) must thoroughly review all our rules and regulations before using the OBA These rules & regulations are designed to allow all participants to enjoy the new facility in a way that will be safe and productive. OBA management reserves the right to vary and revoke these Rules & Regulation from time to time in addition to make, vary and revoke any by‐laws which may consider necessary or desirable for the regulation of the internal affairs of the Academy and the conduct of the participants. Any such changes will be notified to participants immediately. Please do not hesitate to contact the OBA staff members should you have any questions.
GENERAL RULES
1. OBA seeks, enrolls, and maintains memberships without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age. It is further OBA policy that no circumstance or conduct undertaken by the Academy personnel shall have the effect of discrimination on the basis of any of aforementioned classifications. All OBA members shall have full and equal access to the center facility. All members with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any members with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any member who believes that he/she is/has been treated unfairly on any of the aforementioned matters should first report to management team of the Academy
2. Participants must check‐in at the OBA reception counter. Please have your academy ID or identification document ready to show when checking in. OBA staff reserves the right to refuse entry to any participants without proper identification.
3. Participants are required to sign the OBA liability release form. This is required for insurance and liability purposes for OBA facility.
4. Paying the guest ‘drop‐in’ fee enables the guest to enter and use the OBA facility as a guest until he or she leaves the OBA facility. There is absolutely NO free “re‐entry.”
5. Details of ‘Drop‐in’ fees are available from the Academy’s office and are subject to change from time to time.
6. OBA Management reserves the right to limit the number of ‘drop‐in’ guests and court rental players to use the facility at any time.
7. Advance bookings may be made available for certain badminton courts and facilities at the OBA. All bookings must be confirmed at arrival. The bookings can be made by either telephoning or emailing the OBA’s reception or in person. All fees, where applicable, must be paid before use of the relevant courts or facilities. No‐show fees, as informed by the Academy, will be charged where cancellation is not received by the Academy by at least 12 hours prior to the booked time, where the facility cannot be booked to other participants.
8. All coaching is controlled by OBA and should be arranged with its knowledge and consent. Coaching is undertaken by qualified coaches appointed by the Academy and no other coaching is permitted unless advance permission is gained from the Academy management.
9. OBA reserves the right at any time without prior notice to set aside facilities for tournaments, exhibitions and other social activities.
10. OBA cannot be held responsible for any service or equipment not being available for whatever reason. OBA reserves the right to make alterations to the type of facilities provided, without notice and in its absolute discretion and the Academy shall not be liable for any loss occasioned by such alterations except in so far as such loss is by law incapable of exclusion.
11. Participants are not allowed to bring any outside food and drinks to the OBA facility. Anyone who violates this policy will have to dispose the outside food or drinks immediately or be required to leave OBA premises immediately without refund.
12. No food or drinks are allowed on the badminton courts.
13. OBA pro shop merchandises and services and sold “as‐is” without any warranty.
14. OBA does not allow smoking, gum chewing, animals or weapons in the facility. Anyone found to be violating this policy will be required to leave the OBA premises immediately without refund any may be barred from entering the OBA premises in the future.
15. Children under the age of 12 must be under adult supervision except for taking lessons, participating in after school programs. Children over the age of 7 may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
16. OBA is not responsible for any lost or stolen items. Items left on the premise will be kept for up to 7 days and donated to charity if not claimed.
17. Participants should not use any piece of the gym equipment without prior instruction. Participants should ask OBA staff on how to use new or unfamiliar equipment.
18. Participants must at all times observe OBA’s by‐laws and guidelines which may be notified to them from time to time and requested to comply with any reasonable directions which the management may issue to ensure the smooth operation of the Academy for the convenience of participants.
PERSONAL CONDUCT
1. Participants are subject to the control and guidance of OBA staff, and must follow their instructions while in the facility. Participants agree to conduct themselves in a quiet and well‐mannered fashion when in the Center and not cause any disturbances or interfere with the safe use or enjoyment of the Center by other participants.
2. The development and use of appropriate language is promoted. Obscene language, gestures, swearing, profanity, blasphemy, and other offensive behavior any kind is not allowed. Harassment is forbidden.
3. Participants shall not conduct, purchase or subscribe to any commercial business or activity on Academy premises or solicit other participants for any reason without the Academy’s prior written consent. Under no circumstances shall participants interfere with the Academy’s conduct of its business. Any complaints, other than those of an emergency nature or requiring immediate attention by the OBA staff, shall be made directly to the management in private.
DRESS CODE
1. Participants are requested to wear suitable sport exercise clothing while at the OBA facility. OBA management reserves the right to deny entry to the center by any person whose attire is considered by the OBA staff to be inappropriate in connection with the public image of the center attire is permitted in the center.
2. Participants must wear badminton shoes, or appropriate light colored, non‐marking sole, in‐door sports shoes, while playing on the badminton courts. No bare feet/flip flops/hiking shoes/smart casual shoes allowed on the badminton court mats.
Participants found violating this policy will have to leave the OBA premises immediately and will not be entitled to any refund.
HEALTH CONCERNS
1. Participants should consult with their physician before using our services and facilities. Participants must understand and acknowledge that OBA staff has no expertise in diagnosing, examining or treating any medical condition.
2. Participants agree that they will not use the OBA facility with any medical condition including infections, maladies or inability to maintain personal hygiene, if such condition poses a direct health or safety of other Participants, and agree they will use the facility in accordance with all applicable public health requirements. OBA management reserves the right, however, to make the final determination in this regard.
WAIVER AND RELEASE
Participants agree that by engaging in any physical in any physical exercise, class or activity, or by using any Academy equipment or facility on the premises, the participants do so at their own risk. This includes, without limitation, the use of the equipment, locker room, showers, parking area, or sidewalk and their participation in any activity, class, program or instruction now or in the near future made available. Participants agree that they are voluntarily taking part in these activities and use of the facility and assume all risk of injury, or the contraction of any illness or medical condition that might result thereof of any damage, loss or theft of any personal property. Participants agree to release and discharge OBA, all affiliates, employees, agents, representatives, successors and assigns from any and all claims or causes of action (known or unknown) arising out of OBA’s negligence.
PARTICIPANTS ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY. IN ADDITION, THEY HEREBY WAIVE ANY RIGHT THAT THEY MAY HAVE, BY OR ON BEHALF OF THEIR SPOUSE OR ANY CHILD (MINOR OR OTHERWISE), TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST US FOR OUR NEGLIGENCE OR ARISING OUT OF OR RELATING TO PARTICIPATION BY THE PARTICIPANTS, THEIR SPOUSE OR CHILD IN ANY OF THE ACTIVITIES, OR USE OF THE EQUIPMENT, FACILITIES OR SERVICES WE PROVIDE AS DESCRIBED IN THIS PARAGRAPH, OR ON ACCOUNT OF ANY ILLNESS OR ACCIDENT, OR DAMAGE TO OR LOSS OF THEIR PERSONAL
I have read this Term and Condition Agreement, fully and understand the terms.
Participant’s Signature:
Membership Number:
Participants Name (Printed):
Date of Signature:
WAIVER AND RELEASE OF LIABILITY
Note: This form must be read and signed before the participant is permitted to take part in event sessions. By signing this agreement, the participant affirms having read it.
In consideration of my involvement at this and any future Oregon Badminton Academy Training Programs, Open Gyms, or any other Programs, Events, or Activities, however named, organized, and/or announced (collectively, the “Oregon Badminton Academy Programs”) under the auspices of Oregon Badminton Academy LLC (“Oregon Badminton Academy”) and/or USA Badminton, I, on behalf of myself and as parent or guardian of the minor child (if any) listed below, and our heirs expressly and freely acknowledge, appreciate, and agree that:
1. I risk bodily injury, including paralysis, dismemberment, disability, and death, and while particular rules of the sport, equipment, and discipline may reduce this risk, this risk of injury does exist, as well as the risk of damage to or loss of property.
2. I knowingly and freely assume all such risk; both known and unknown, even if arising from the negligence of others;
3. I willingly agree to comply with the state and customary terms and conditions for participation. If, however, I observe any unusual or unnecessary hazard during my presence or participation or if I observe any concern in my readiness for participation, I will immediately bring such to the attention of the nearest official and refrain from participation; and
3a. I, for myself, and on behalf of my heirs, assigns, personal representatives and next of kin, herby release, hold harmless, indemnify and promise not to sue USA Badminton, the committee, their sponsors, their owners, officers, volunteers, employees, sponsors, agents, and all other persons or entities officially connected with Oregon Badminton Academy and/or USA Badminton (“releasees”) with respect to any and all loss, damage, injury, expense or liability on account of, or in any way resulting from, personal injuries, death, or property damage, even if caused by negligence in any way connected with the participation of myself or my minor child.
4. I agree to be bound by the rules and regulations of the International Badminton Federation and those of USA Badminton and I hereby stipulate that I am eligible to play in the events for which I am applying and that I understand that the above mentioned make no representation or warranty with respect to the condition of the premises or the operation of the event.
5. This agreement is governed by and intended to be as broad and inclusive as is permitted by the laws of the State of Oregon. If any portion is held invalid, pursuant to Oregon law, the balance of this agreement shall continue in full legal force and effect and will be valid and enforceable. I agree that no oral representations, statements or inducements apart from this Waiver and Release of Liability have been made.
6. I hereby grant to USA Badminton, it’s licensees and contractees, including photographers, television and motion picture rights, including to film or videotape me during matches, narratives, personal interviews, or comment thereon for any and all commercial, news or other purposes together with the right to transfer or grant their rights to others, all without remuneration or compensation to me whatsoever.
I have read this Release of Liability and Waiver Agreement, fully and understand the terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. And I further acknowledge by their presence that I am aware that DRUG TESTING may occur at this event.
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Participant’s Signature Membership Number
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Participants Name (Printed) Date of Signature
For Participants of Minority Age
This is to certify that I/We as parent(s)/ guardian(s) with legal responsibility for this participant, do consent and agree not only to his/her release, but also for myself, ourselves and my/our child involvement as stated above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
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Parent(s)’s/ Guardian(s)’s Date of Signature
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Participants Name (Printed) Membership Number