SHOOT 360
TERMS AND CONDITIONS
REGARDING
FACILITY USE, MEMBERSHIP, AND SHOOTING LEAGUES
SECTION I.
INTRODUCTION TO SHOOT 360 GYM TERMS AND CONDITIONS
These Terms and Conditions apply to all Shoot 360 Gyms (“Facilities”) and are designed to ensure that all persons using the Facilities, whether they are Members or non-Member guests, adults or minors, have a safe and enjoyable experience.
All Facilities are owned and operated by independent franchisees under the terms of a Franchise Agreement with Shoot 360 Nation LLC (“we,” “us,” or “Shoot 360”), with the exception of the Facilities in Vancouver, Washington and Beaverton, Oregon, which are owned by our affiliate company, Shoot 360 Inc. The staff who work at each Facility are employed solely by the Facility, not by us.
These Terms and Conditions refer to certain categories of users defined as follows:
· “Competitor” means a Participant who enrolls in a Shoot 360 Shooting League hosted at a Facility. A Competitor may, but need not be, a Member of the host Facility or another Facility. Certain provisions in these Terms and Conditions apply just to Competitors.
· “Member” is a person who enters into a membership contract with a particular Facility referred to as their “home” Facility providing unlimited access rights to their “home” facility for a specific period of time. Certain provisions in these Terms and Conditions apply just to Members.
· “Participant” means any person who uses a Facility whether or not they are a Member, Competitor, adult or minor. Non-Member Participants pay a per-use fee that limits their access rights to a specified date, time, or number of minutes on a specific date depending on the Facility’s drop-in policy.
We post these Terms and Conditions on our website, https://www.shoot360.com/ (“Shoot 360 Website”). Each Facility has its own subpage on the Shoot 360 Website (“Facility Webpage”) where they post information relevant to the Facility including their operating hours, events, programs, fees, and membership contract.
Each Facility is subject to state laws that regulate fitness facilities. Consequently, a Facility’s Terms and Conditions may differ from these Terms and Conditions. Each Facility posts their Terms and Conditions on the Facility Webpage, and a printed copy of the Terms and Conditions will also be posted in the Facility or made available on request. The Terms and Conditions adopted by your “home” Facility, i.e., the Facility that you frequent or join as a Member, will apply to all Participants that use the Facility. If a Facility does not post Terms and Conditions on the Facility Webpage, these Terms and Conditions will apply to Participants who use that Facility and a printed copy of these Terms and Conditions will be posted in the Facility or made available on request.
We and each Facility may change our respective Terms and Conditions at any time. Changes will become effective immediately when posted unless a later implementation date is specified. You are responsible for keeping abreast of the Terms and Conditions that apply to your “home” Facility and are deemed to accept the then-applicable Terms and Conditions each time you check into the Facility.
These Terms and Conditions not intended to deal with all conceivable issues. If you have any questions about these Terms and Conditions, please contact us or your “home” Facility.
SECTION II.
FACILITY USE:
APPLICABLE TO ALL PARTICIPANTS
Check-In
A. Participants who desire to use a Facility must check in with a Facility staff member at the Facility’s front desk and sign the Facility log book when they arrive to the Facility.
B. All Participants must allow a Facility to take and keep a current photo of the Participant on file to verify the Participant’s identify when they check into the Facility. This photo is for security purposes and the Facility will not distribute the photo anyone other than to us, with the exception of a request from a law enforcement agency.
Facility Use
C. No black-soled shoes, spiked high heels, or shoes with soles that may mar the court surface may be worn on any courts.
D. Participants must observe proper etiquette at all times. This includes relinquishing courts promptly at the end of their workout session. Participants who violate etiquette rules may be asked to leave the Facility without refund.
E. Participants must observe appropriate decorum and respect for other Participants in the Facility and for the Facility’s employees. Participants must refrain from (i) using loud, abusive, offensive, harmful, or slanderous language; (ii) playing music at a level audible to others; and (iii) unwanted or inappropriate touching, badgering, harassing, or soliciting others in the Facility. A Participant who continues to engage in inappropriate behavior after being asked to desist will be asked to leave the Facility and may subsequently be denied access to any Facility either for a specific or indefinite period in the discretion of their “home” Facility. Members who engage in inappropriate behavior may have their membership terminated or suspended.
F. Participants must wear appropriate clothing, including shirts and shoes, at all times in the Facility.
G. No outside food or drink may be brought into a Facility with the exception that water in a spill-proof container is allowed in designated areas.
H. Participants must sign a liability waiver form the first time that they sign a Facility’s log book. We post the liability waiver forms on the Shoot 360 Website. Each Facility also posts their liability waiver forms on the Facility Webpage. Separate liability forms are required for Participants who are over age 18, and those who are minors. The liability waiver will remain in effect indefinitely and apply to every subsequent visit to and use of the Facility. A Participant who cancels their membership and subsequently rejoins as a Member must sign a new liability waiver when they sign their new membership contract. A Participant will be denied the right to use a Facility if the Participant refuses to sign a liability waiver form or notifies us or a Facility that they withdraw or retract a previously executed liability waiver form.
I. Facilities may experience increased attendance at various times during the year and at peak periods during the day. Neither we nor any Facility is liable to a Participant who encounters overcrowding. No portion of any fees, including membership fees, will be refunded to a Participant who experiences overcrowding.
J. At the sole discretion of a Facility or us, a Facility may deny a Participant access to a Facility and revoke or suspend the Member’s membership at any time when there is a legal action pending between the Participant and us or between the Participant and a Facility regardless of which party initiates the action.
Use Fees
K. Each Facility sets their own Monthly Fees, Additional Minute Fees, and other guest fees. All fees are published on the Facility Webpage. Fees are subject to change at any time at the discretion of the Facility. Facilities endeavor to provide at least 30 days’ notice before changes take effect by updating information on the Facility Webpage.
L. Participants who are not Members of the Facility must pay the Facility’s applicable fees at or before the time of use and may be denied access to the Facility if there is no record of payment.
General
M. When a Participant uses a Facility, they represent to us and the Facility that they are in good health with no known or obvious symptoms or risk factors for a highly communicable disease (i.e. COVID-19), or ailment preventing them from engaging in the active or passive exercises and workouts in the Facility which could cause an increased risk of injury or adverse health consequences to them or others. A Participant assumes full responsibility for their use of a Facility and must indemnify us and the Facility if it is determined that the representations that a Participant makes when they use a Facility are untrue at the time.
N. A Participant may be denied access to a Facility based on obvious symptoms or risk factors that make it reasonable for the Facility to conclude that the Participant’s use of the Facility poses an increased risk of injury or adverse health consequences to them or others.
O. We recommend that Participants obtain a general fitness assessment before beginning workout programs. Participants who are at risk due to pre-existing conditions, pregnancy, or lack of prior fitness training, a history of high blood pressure, heart problems, or other chronic illnesses should consult their healthcare provider before commencing workout activities at a Facility.
P. Pets (including service animals) and bicycles are not permitted in a Facility.
Q. Neither we nor a Facility is responsible for lost or stolen articles that a Participant brings into a Facility. Property left at a Facility for more than 48 hours may be discarded.
R. A Participant is liable to a Facility for the damage to a Facility or its property or equipment or injury to its employees caused by the Participant’s negligence, willful misconduct, or breach of these Terms and Conditions.
S. A Participant who invites a guest to use a Facility with the Participant is liable to a Facility for the damage to a Facility or its property or equipment or injury to its employees caused by their guest’s negligence, willful misconduct, or breach of these Terms and Conditions.
T. Tobacco, cannabis, alcohol, or similar products may not be brought on, or used, in any form anywhere in a Facility or in the area immediately outside of a Facility’s building.
U. Participants are deemed to give their unconditional permission to Shoot 360 and each Facility to photograph, record, and video Participants in the Facility and use these materials in newsletters, brochures, program guides, advertisements, and generally to promote Facilities and publicize the Shoot 360 name to the public.
V. As a result of a local, state, or national governmental order that prohibits or limits the use of inside Facility services, a Facility may conduct certain activities and services outdoors without reduction, suspension, abatement, or apportionment of usage fees, membership fees or other charges.
W. You may review our privacy policy online at https://www.shoot360.com/privacy-policy
Additional Provisions Applicable to Minors
X. Children under age 18 are considered a minor and may only participate in age-appropriate activities in the Facility with their parent’s or legal guardian’s permission and approval, which a parent/guardian is deemed to give when they enroll their child in the activity and sign the parent/guardian liability waiver form.
Y. If a Participant is a minor, their parent/guardian is deemed to accept these Terms and Conditions each time they sign the child into a Facility’s log book. The parent/guardian is responsible for explaining to their child the Terms and Conditions that apply to their child’s use of a Facility. A parent/guardian will be contacted and asked to remove their child from a Facility without refund for fees paid for the child’s session if the child persists in violating the Terms and Conditions after receiving a warning from a Facility staff member. A Facility may deny a child’s future access to the Facility in its either for a specific or indefinite period in the Facility’s discretion due to the child’s violation of the Terms and Conditions.
Z. Parents/guardians of a Participant who is a minor may opt out of giving permission to Shoot 360 and a Facility to photograph, record, or video their child in the Facility by completing an opt-out form on the Shoot 360 Website (also available on a Facility Webpage).
AA. Parents/guardians who are not Members of a Facility may enter the Facility to drop off and pickup their child and may remain in the Facility during their child’s workout in a designated viewing area to observe their child’s workout. Parents/guardians must sign the Facility’s waiver of liability form for themselves and their child when they sign the Facility log book. Whether or not the parent/guardian is a Member, a parent/guardian may not enter or use a Facility’s training areas or equipment while they are in the Facility or participate in practices or other activities with their child except when an event or tournament expressly invites parent/guardian participation, in which case they may only participate if they sign an adult Participant liability waiver form for their own activities.
BB. Parents/guardians of a Participant who is a minor are liable to a Facility for the damage to a Facility or its property or equipment or injury to its employees or other Facility users caused by their child’s negligence, willful misconduct, or breach of these Terms and Conditions.
Scheduled Closures and Rental of Shoot 360 Facilities
CC. A Facility may close for special events, private parties, seminars, tournaments, or other activities. These planned closures may limit a Participant’s access to the Facility. Neither we nor any Facility has any liability to a Participant who cannot access a Facility at a specific time.
DD. Each Facility may establish its own rental rates and policies including limiting rental periods to specific days or times during a day. A Facility may rent the use of the Facility to groups in their discretion. Each Facility may refuse to rent the use of their Facility to any group if they decide that rental is not in their best interest, the best interest of their Members, or the best interest of the reputation of the Shoot 360 name. Rental of a Facility for special events, private parties, seminars, tournaments, or other activities may require entering into a separate rental agreement with the Facility.
EE. A Facility will make every effort to announce planned closures in advance. No portion of any fees including membership fees paid to the Facility will be refunded to Participants due to planned closures.
Closures Due to Repair, Maintenance, or Health/Safety Concerns
FF. To address repair or maintenance issues, or due to health and safety concerns, a Facility may close, limit access to certain areas in the Facility, or limit certain activities in the Facility until the Facility is able to abate the issue or concern in question if corrections are within a Facility’s control. A Facility may modify its hours of operation to address repair or maintenance issues, or due to health and safety concerns without advance notice to Participants. A Facility will endeavor to complete the work that it deems necessary to abate these issues and concerns as expeditiously as possible if corrections are within a Facility’s control. There will be no reduction, suspension, abatement, or apportionment of usage fees, membership fees or other charges during an unannounced closure of less than 48 hours.
GG. Facilities may schedule periods when they must close entirely or limit access to certain areas in the Facility to complete repairs or renovations. A Facility will make every effort to minimize any disruption to Participants during these periods and, if possible, schedule work during off-hours. There will be no reduction, suspension, abatement, or apportionment of usage fees, membership fees or other charges during an announced closure for repair or renovation work of less than 48 hours or where the hours of closure are after 12:00 am and before 6:00 am.
HH. In case of a long-term interruption of service due to circumstances beyond a Facility’s control (e.g. fire, hurricane, flood, earthquake, governmental order, or health and safety restrictions that forbid or limit use of the Facility), a Facility in its discretion may freeze fees including membership fees paid in advance and suspend memberships, and add the lost time once services resume.
Outside Professionals
II. A Facility may not be used by a teaching professional or personal trainer who is not employed by or under contract with a Facility. A Participant may not invite an outside teaching professional or personal trainer as their guest for the purpose of providing personal training to the Participant.
Risk of Use of Facilities
JJ. When a Participant checks into a Facility and signs the Facility’s log-in book, the Participant is deemed to acknowledge that the workout activities they will engage in involve strenuous physical activity and may expose the Participant to certain risks which include (without limitation):
· Participant may be injured, physically or mentally, suffer a health event, or die.
· Participant’s property may be damaged.
· Participant may cause injury to other persons or damage the Facility’s property or equipment.
· The conditions in the Facility affecting exercise may vary without warning including the loss of air conditioning.
· A Facility may not have the ability to treat or transport Participant if Participant is injured or suffers an adverse health event while at a Facility.
· Participant assumes the risk of and responsibility for any injury, death or property damage resulting from their participation in the activity or presence in a Facility.
· Participant is solely responsible for determining if Participant is physically fit and has the skill level to engage in the activities they choose to participate in at the Facility.
· Participant is solely responsible for determining if Participant needs personal protective equipment to participate in activities in the Facility.
KK. By accepting these risks, a Participant waives any claim to a reduction, suspension, abatement, or apportionment of the fees paid to a Facility due to the existence of any risk factor.
Contact Information
LL. All Participants must promptly notify us and their “home” Facility in writing of any changes in their contact information on file or their medical and health condition if they intend to continue to frequent a Facility.
SECTION III.
MEMBERSHIP TERMS AND CONDITIONS:
applicable to members only
Membership
A. A Member is a Participant. Therefore, all Terms and Conditions applicable to Participants apply to Members.
B. Memberships are Facility-specific and not transferrable. We refer to a Member’s Facility as their “home” Facility. Membership does not provide a Member with reciprocity rights to use other Facilities.
C. Your “home” Facility may be in a state that regulates the terms of fitness facility membership contracts. State laws may differ in how they regulate fitness facility membership contracts. If a provision in your membership contract conflicts with state law, state law will control. The discussion of your membership contract in these Terms and Conditions is subject to the laws of the state of your “home” Facility. The owner of your “home” Facility is responsible for ensuring that its membership contract complies with state law.
D. Membership entitles a Member to use the training equipment and workout spaces in their “home” Facility. A membership is for one person and does not include the Member’s spouse, children, or others. A Member may use up to the number of minutes included in their membership plan. It is up to the Member to schedule and use their minutes during their “home” Facility’s business hours. There are no refunds for unused minutes or if the time slots available to Members are not desired or do not fit into the Member’s schedule.
E. Membership does not confer or include any interest or ownership in the assets of any Facility or in Shoot 360 or its assets. Membership grants no right to participate in the business decisions of a Facility or Shoot 360.
F. Certain membership plans may include guest privileges. Your membership contract will specify if it includes guest privileges. A Member is responsible for the actions of their guest. Any equipment rented or issued to a guest is the responsibility of the Member who is liable for its return. A guest’s violation of the Terms and Conditions applicable to a Member may result in the Facility asking the Member and their guest to leave the Facility without refund and denying the guest further access to the Facility. A Member who repeatedly invites guests who violate the Terms and Conditions applicable to a Member may lose their future guest privileges for a specific or indefinite period or have their membership suspended for a specific or indefinite period or terminated for cause in the discretion of their “home” Facility.
Membership Fees and Payment Terms
G. Each Facility establishes the membership plans that it offers and sets its own membership fees and payment terms. It publishes this information and the form of the membership contract that a Participant must sign to join as a Member on the Facility Webpage.
H. A Facility may change its membership plans privileges, fees, payment terms, and contract, add new plans, and impose new plans, fees, and terms of use at any time at its discretion. Facilities endeavor to provide at least 30 days’ notice before changes take effect. Changes will not materially modify Member privileges during the term of the membership contract.
I. Members will pay a one-time initiation fee to their “home” Facility upon execution of the membership contract with their “home” Facility. The initiation fee is non-refundable.
J. Unless a Facility indicates a different billing policy, a Member will be billed the agreed-upon contract amount on the 1st day of each month during the term of the membership contract, with the first month’s fees prorated for a partial month.
K. A Facility may terminate a Member’s membership for any reason at any time. If your “home” Facility terminates your membership without cause, meaning for reasons not due to your material breach of your membership contract, your “home” Facility must refund any unused fees to you within the time period specified in your membership contract or as required by state law. If this refund is not paid, the Member’s recourse is against their “home” Facility. A Member has no claim against Shoot 360 or its affiliates, and we do not guaranty the Facility’s repayment or compliance with the membership contract or state laws.
L. When a Member signs their membership contract, the Member will sign a credit or debit card authorization permitting their “home” Facility to charge a designated credit or debit card for all fees and other charges incurred during the membership contract term on the date specified in the membership contract including monthly dues, no-show fees, and incidental charges. This authorization shall remain in full effect until the Member ends their membership through cancellation or non-renewal. A Member is responsible for keeping their credit or debit card information current. The first time that payment is rejected or denied, a Facility may impose an administrative fee in addition to the past due balance and require the Member to prepay membership dues or maintain a positive balance in their account to cover fees for future periods. A Member’s payment of an administrative fee or positive balance does not preclude the Facility from terminating the Member’s membership contract if payment is rejected or denied a second time.
M. If a Facility receives closed account, stop payment, or insufficient fund returns, a Member’s membership will be suspended until the payment is received or new payment information is provided. Membership fees will not be refunded if membership is suspended due to a payment issue.
Court Reservations
N. A Member may reserve a shooting court and ball-handling station at a Facility up to 7 days in advance and for up to 30 minutes per workout activity (i.e., for up to 60 minutes, with a maximum of 30 minutes for a shooting court and a maximum of 30 minutes for a ball-handling station). Reservations are accepted on a “first-come first-served” basis. A Member may schedule additional workout time after their reserved workout time expires depending on availability.
O. A no-show fee may be charged for reservations that are cancelled less than 2 hours before the reservation start time. Each Facility may determine their own no-show fee and policy and you are responsible for knowing the no-show fee and policy of your “home” Facility.
P. Unless a Member notifies their Facility in person or by phone at least 30 minutes before their reservation start time that they will arrive after their reservation start time, reservations will be held for no more than 10 minutes after the reservation start time.
Q. Reservations for a shooting court or ball-handling station at a Facility may only be made in person at the Facility, by phone during a Facility’s posted business hours, by mobile application (“Mobile App”) directed to the Facility, or on the Facility Webpage. A reservation confirmation will either be communicated verbally (if the reservation is made in person or by phone) or sent immediately to the Participant if made by Mobile App or on the Facility Webpage. A Member who does not receive a confirmation does not have a reservation.
Suspending/Cancelling Membership by a Member
R. A Member’s membership contract will specify the number of days the Member has to cancel their membership contract after the date they sign the membership contract. A Member may communicate their decision to cancel their membership contract in person at their “home” Facility, by phone during their “home” Facility’s posted business hours, by mobile application (“Mobile App”) directed to their “home” Facility, or on Facility Webpage. Cancellation will take effect on the next business day after the day the Member communicates their decision to cancel their membership contract in person or by phone, or two business days after the Member communicates their decision by Mobile App or on the Facility Webpage. A “business day” is Monday through Friday excluding federal holidays and holidays observed by the state where their “home” Facility is located.
S. A Member must communicate its cancelation instructions to their “home” Facility. Notice to Shoot 360 will be ineffective. Shoot 360 will not cancel a membership contract on behalf of a Member.
T. After the initial 5 business day cancellation period, a Member who wishes to cancel or suspend their membership must give written notice at least 30 days before the next billing cycle by following the same notice procedures applicable for cancelling during the initial 5 business day period. A Member may suspend their membership for any reason for up to three calendar months during the membership contract term. A suspension must be taken in minimum periods of one calendar month. While a membership is suspended, a Member may use their “home” Facility at the then current non-Member drop-in rate. Suspended memberships are automatically resumed following the end of the suspension period. If a Member suspends their membership, the term of their membership contract is automatically extended for the length of the suspension.
U. A Facility has discretion not to offer a suspension option or to limit suspension to situations involving medical reasons or other circumstances requiring written confirmation of the reason for the suspension. A Facility’s Terms and Conditions will indicate that the Facility does not offer a suspension option at all or has a conditional suspension option.
V. Once a membership’s initial cancellation period expires, a Member’s membership contract will automatically renew for the same duration after each current membership contract term expires unless the Member gives the Facility written notice at least 30 days before the current term expires that it does not wish to renew its membership. Notice of non-renewal must be given in the same manner as notice of cancellation of a membership contract.
W. A Member who wishes to terminate their membership contract before the membership contract’s expiration date must pay an early cancellation fee in the amount charged by their “home” Facility. A Member who cancels their membership in a timely manner will receive the portion of any previously paid membership fees that apply to periods after the cancellation date, less amounts due to the Facility. Refunds will be paid within the period stated in the Member’s membership contract.
X. If a Member cancels their membership and later decides to rejoin their “home” Facility or another Facility, the Member must still pay the full amount of any initiation fee imposed by the Facility that they wish to join.
Y. A Member may substitute a different membership plan for their current membership plan at any time by giving their “home” Facility written notice at least 30 days before the current membership contract term expires. No refunds will be paid to a Member who replaces their current membership plan with a less expensive membership plan. A Member who upgrades their current membership plan to a more expensive membership plan in the middle of a billing cycle must pay the pro-rated additional membership fees for the remainder of the month on the activation date of the upgraded plan.
Z. A Facility may adopt additional suspension and cancellation policies consistent with state law. These additional policies will be explained in the membership contract that you sign.
SECTION IV.
SHOOTING LEAGUES:
applicable to competitors only
A. A Competitor is a Participant. Therefore, all Terms and Conditions applicable to Participants apply to a Competitor with respect to their participation in a Shooting League at a Facility. The Facility where the Shooting League competition takes place is referred to as the “host” Facility.
B. Whether or not a Competitor is a Member of a “home” Facility, a Competitor must sign a Shooting League contract with the host Facility when the Competitor enrolls in the Shooting League and before the first Shooting League competition takes place agreeing to the fees, payment terms, and policies applicable to participation in the Shooting League.
C. Each Facility may establish their own fees, payment terms, and policies for the Shooting League programs that they run. Each Facility will post this information and their form of Shooting League contract that a Competitor must sign to join a Shooting League at the Facility on the Facility Webpage. A most Facility may change its Shooting League fees, payment terms, and policies and impose new fees at any time. New fees and payment terms will apply to prospectively to new Shooting League contracts signed after the change becomes effective. Facilities endeavor to post changes in their Shooting League fees, payment terms, or policies at least 30 days before changes take effect.
D. A Competitor who is a Member must pay additional fees to participate in a Shooting League whether the Shooting League is conducted at their “home” Facility or at another Facility.
E. When a Competitor signs their Shooting League contract, the Competitor will sign a credit or debit card authorization permitting the Shooting League host Facility to charge the Competitor’s designated credit or debit card for all fees and other charges incurred in connection with the Shooting League. This authorization shall remain in full effect through the end of the Shooting League competition. A Competitor is responsible for keeping their credit or debit card information current. A Competitor will be denied the right to participate in a Shooting League if payment of Shooting League fees is denied or rejected for any reason until the Competitor brings their account current.
F. Each host Facility will publish their schedule of Shooting League events on the Facility Webpage. A Competitor is not entitled to a refund if they cannot attend a Shooting League event.
G. A Facility may cancel a scheduled Shooting League event for any reason, but will endeavor to give Competitors advance notice of any cancellation. The host Facility will use its best efforts to reschedule Shooting League events that they cancel. Competitors are not entitled to a refund if they cannot attend the rescheduled Shooting League event.
H. A host Facility may suspend or terminate a Competitor’s right to participate in a Shooting League if the Competitor does not observe the Terms and Conditions of use that apply to all Participants that use the host Facility.
I. If the manager of a Shooting League team communicates to the host Facility that the Competitors on the Shooting League team are unsatisfied with their Shooting League experience, the Shooting League team and individual Competitors shall be entitled to a full refund of fees paid to participate in the Shooting League competition.
J. Given the Shoot 360 Leagues are a live competition, we are unable to reschedule make-up games in the event a team is unable to participate in one of the scheduled league games.
SECTION V.
MISCELLANEOUS:
applicable to all participants
A. Your use of a Facility constitutes your agreement to abide by these or the applicable Terms and Conditions adopted by your “home” Facility. You acknowledge and agree that no promises have been made to induce you to use a Facility, join as a Member, or participate in a Shooting League as a Competitor that are inconsistent with these Terms and Conditions or the Terms and Conditions of the “home” or “host” Facility.
B. These Terms and Conditions are binding on your heirs.
C. Participants and their guests shall hold us and the Facility they use harmless from any illness, loss, theft, cost, claim, injury, damage or liability (“Damages”) incurred by us or a Facility as a result of their use of a Facility except for Damages which result from the willful misconduct or gross negligence of us or a Facility or our respective affiliates, agents or employees.
D. The interpretation and enforcement of these Terms and Conditions is governed in all respects by Oregon law. The interpretation and enforcement of a Facility’s own Terms and Conditions is governed by the laws in the state where the Facility is located. Any dispute arising out of these Terms and Conditions must be brought in the federal or state courts located closest to our headquarters at the time of the dispute. Any dispute arising out of a Facility’s own Terms and Conditions, must be brought in the federal or state courts located closest to the Facility. You irrevocably consents to the personal jurisdiction of the federal and state courts identified in this section and waive the right to a jury trial. Additionally, any action that you, we, or a Facility institutes against the other pertaining to the Terms and Conditions that apply to you must be conducted on an individual, not on a class-wide, basis. The party prevailing in the action shall be entitled to recover its reasonable attorneys’ fees in addition to any other relief awarded by the court. Actions not brought within one year from the date the complaining party knew or should have known of the facts giving rise to the action are barred.
E. If any provision in these Terms and Conditions or a Facility’s Terms and Conditions is held by a court with jurisdiction over you to be illegal, invalid or unenforceable, (i) that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of the applicable Terms and Conditions will not be affected or impaired due to the court’s ruling.
F. Neither we nor any Facility shall be deemed to waive any of the Terms and Conditions applicable to you unless the waiver is in writing and signed either by us (if these Terms and Conditions apply to you) or the Facility (if the Facility’s Terms and Conditions apply to you). If a written waiver is given, it will not operate or be construed as a waiver of, consent to, or excuse of, any other or subsequent breach by you of these or the applicable Terms and Conditions.
G. If you are a Member or Competitor, the provisions in these Terms and Conditions or in a Facility’s own Terms and Conditions that apply to you shall survive the termination or cancellation of your membership or the conclusion of a Shooting League competition.
SECTION VI.
SITE USE, COMMUNICATIONS, & INTELLECTUAL PROPERTY:
applicable to all participants
Acceptance of these Terms & Conditions
A. By using the Site, you accept these Terms & Conditions and agree to be bound by them. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms & Conditions. Use of the Site is strictly voluntary. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND OUR PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND MAY NOT USE THE SITE.
B. To access and use certain services available through the Site, you may be required to have a user account with us and you must agree to be bound by additional terms contained there. Unless otherwise provided, the additional terms will control if there is a conflict between these Terms & Conditions and the additional terms.
C. Important: These Terms apply to Shoot 360 Nation LLC corporate operations. Shoot 360 Nation LLC franchisees and licenses are independent entities, and their websites and services are subject to their own Terms and Conditions. If you make an appointment booking or a purchase through the Site, you may be purchasing products, services, or memberships from an independently owned Shoot 360 franchisee or licensee that operates that location. Your purchase may be subject to that party’s terms and conditions and policies.
D. Collection of Visitor Information on this Site: Any information collected at this Site and the purposes for which we may use this information are set forth in our Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using this Site, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.
E. Changes to these Terms & Conditions: We may revise these Terms & Conditions at any time without providing notice by posting a new version on this Site. Any use of this Site following the date on which changes to these Terms & Conditions or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms & Conditions or the Privacy Policy.
F. Copyright: All software, technology, and content included in the Site or used in the operation of the Site, is our owned or licensed property, or our software, technology, and content providers’ property, and is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is our exclusive property and protected by U.S. and international copyright laws. Subject to your compliance with these Terms & Conditions, we grant you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to access and use the content, information, and functionality made available on the Site, for your use of the Site in accordance with other guidelines, instructions, and limitations described on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this website is strictly prohibited without our written permission.
G. Changes to these Terms & Conditions: We may revise these Terms & Conditions at any time without providing notice by posting a new version on this Site. Any use of this Site following the date on which changes to these Terms & Conditions or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms & Conditions or the Privacy Policy.
H. Trademarks: The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of ours and other parties. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names mentioned on this Site may be the Trademarks of their respective owners.
I. Other Intellectual Property: All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are our owned or licensed property. Any use of these rights without our prior written permission is strictly prohibited. We or our licensors own and reserve all right, title, and interest in and to the Site. These Terms & Conditions do not grant you any rights in or to the Site or any of its components except for the limited rights to use the Site expressly granted by these Terms & Conditions.
J. Termination: Your license to the Site and our obligations under these Terms & Conditions will automatically terminate if you fail to comply with any provision of these Terms & Conditions or if the reason you were granted access to the Site terminates. No notice will be required from us to effectuate such termination. Upon termination of these Terms & Conditions, all of your rights to use the Site shall terminate immediately and we may delete or remove your account and related data.
K. Restrictions: You may not: (i) reproduce, modify, prepare derivative works based upon, translate, tamper with, distribute, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (ii) reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software included in the Site; (iii) use the Site in a manner that interferes with other users' use of the Site; (iv) link to, mirror or frame any portion of the Site; or (v) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.
L. Additional Prohibited Activities and Visitor Obligations: As a visitor or user of this Site you shall not:
· violate any applicable law or regulation;
· upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
· Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
· Post any publicly available content that is subject to any disclosure restrictions;
· Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
· Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
· Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
· impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
· engage in any activities or manipulate identifying material to misrepresent the origin of content;
· use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
· interfere with or otherwise limit the use of this Site by other users;
· collect, compile, or store personal information about other users of this Site;
· disrupt or interfere with the security of, operation of, or otherwise cause harm to, this website or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this website or any affiliated or linked sites;
· modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Site;
· use the Site in a manner that could cause us to violate any law, rule or regulation;
· use any robot, spider, scripts, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without our prior, express, and written permission;
· or the Site for your own commercial purposes.
M. User Content; Monitoring Activity: You agree that you are solely responsible for the Post of any content or information that you make available on or send through the Site (“User Content”). Although we have no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. By the Post of User Content to this Site or transmitting User Content through the Site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content to the Site and to grant us the rights you grant in these Terms & Conditions; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms & Conditions or any applicable local, state, national or international statute, regulation, or law.
N. Your Account: If you have a user account on this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to maintain accurate, complete, and up-to-date information in your user account on the Site. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right, without notice and in our sole discretion, to suspend or terminate your access to this Site and to refuse or restrict access or service, terminate accounts, and to remove or edit content on this Site. If we, in our sole reasonable determination, believe that you have violated any of these Terms & Conditions, we may suspend or terminate your account.
SMS Consent & Communications
O. SMS Opt-In & Communications. When you provide your mobile phone number and consent to receive SMS messages, we use your number solely to communicate information related to Shoot 360 services, including appointment reminders, account notifications, facility updates, program communications, and promotional messages where you have separately opted in. Consent to receive SMS messages is not a condition of purchase.
P. Location- and Platform-Specific Messaging. Shoot 360 operates multiple independently owned and operated facilities, each of which may use separate SMS messaging platforms. Your consent and any opt-out request apply only to the specific facility and messaging platform from which the message was sent. If you have opted to receive SMS messages from multiple locations, you must opt out separately from each.
Q. Opt-Out Instructions: You may opt out of receiving SMS messages at any time by replying STOP to any message. For assistance, reply HELP.
R. Message & Data Rates May Apply. All charges are billed by and payable to your mobile service provider. Neither we nor our third-party delivery provider charge for sending or receiving text messages. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the services. All data obtained is subject to our Privacy Policy.
S. You acknowledge that any text messages you receive from us or our third-party delivery provider are distributed via third-party mobile network providers. As a result, we or our third-party delivery provider cannot control certain factors relating to message delivery. You further acknowledge that we, our third-party delivery provider, or your wireless carrier is not liable for delayed or undelivered text messages.
T. Message frequency may vary. Message and data rates may apply.
Disclaimer of Warranties and Limitation of Liability
U. THIS SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND MEMBERSHIP PROGRAMS AVAILABLE THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
NOTHING IN THESE TERMS & CONDITIONS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR ANY OF OUR AFFILIATES, LICENSEES, MEMBERS, AGENTS, OR FRANCHISEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow the exclusion of or limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In these states, our liability shall be limited to the extent permitted by law.
Under no circumstances whatsoever shall our or any of our licensees’ or franchisees’ liability resulting from or relating to your use of this Site exceed Five United States Dollars (USD $5.00).
V. Indemnification: You agree to indemnify, defend and hold us, our licensees, franchisees, and agents and our and their respective successors and assigns harmless from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) that we or they incur or suffer which relate to or arise out of any third party claim concerning your use of the Site, your failure to perform any of your obligations under these Terms & Conditions, or your breach of any of your representations or warranties made under these Terms & Conditions.
W. Links to Other Web Sites: The Site may contain links to other websites. Additionally, other websites may contain links to this Site. We do not review or monitor the websites linked to this Site and we are not responsible for the content or policies of any other websites. Any link established by us does not constitute an endorsement of the other websites or create a relationship between us and the operators of other websites. We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other website. Where this Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.
X. Third Party Providers of Functionality: We may have functionality in the Site that is provided, in whole or in part, by a third-party service provider. You can usually identify such third-party functionality by the use of a trademark not owned by us on or near the functionality. For such third-party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s website and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on the Site.
Y. Continued Operation, Accessibility, and Maintenance of this Site: We may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and we reserve the right to refuse service to anyone at any time, with or without cause.
Z. Submissions: Any and all questions, comments, suggestions, and similar materials or information that you send or submit to us on this Site (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. We shall be free to use them for any purpose whatsoever without providing you with notice or receiving your consent, and without restriction or compensation.
General Provisions
AA. English has been used in the preparation of these Terms & Conditions, and English shall be the controlling language with respect to these Terms & Conditions and their interpretation.
BB. Any failure by us to enforce any provision of these Terms & Conditions shall not be construed as a waiver of any provision or the right to enforce same.
CC. These Terms & Conditions shall be governed by the laws of the State of Washington without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms & Conditions, or arising out of any other dispute or claim associated with us, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Clark County, Washington (the “Washington Courts”) for any litigation or dispute arising out of or relating to these Terms & Conditions; (ii) agree not to commence any litigation arising out of or relating to these Terms & Conditions except in the Washington Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; (iv) agree that any and all disputes, claims, and causes of action arising out of or relating to these Terms & Conditions shall be resolved individually, without resort to any form of class action or other consolidation or joining of claims of other parties who may have similar claims; and (v) agree the Washington Courts represent the exclusive jurisdiction for all disputes relating to these Terms & Conditions.
DD. If any portion of these Terms & Conditions is held to be invalid, such holding shall not invalidate the other provisions of these Terms & Conditions.
EE. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms & Conditions, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.
FF. You are responsible for compliance with applicable laws.
GG. Contact: For questions or comments related to this Site or these Terms & Conditions, please use the Contact Form on the Site.