MyPickleballLessons.com Student Agreement
MyPickleballLessons Student Agreement By using MyPickleballLessons and any of our services, you agree to the terms and conditions found in this Agreement, the Student Policy Manual and the site Terms and Policy (http://mypickleballlessons.com/student-agreement/ ). You are the customer (“You”, “Your”). You are hiring MyPickleballLessons LLC. (“Us”, “We”, “Our”) to provide services to you (the “Service”).
1. The Service
The Services offered by Us are described in the Student Policy Manual.
Service term. The Service is purchased for full terms, with the most common terms being a package of private lessons. Refer to the Lesson Plans and Pricing tab for the details of Your particular Service details.
Reschedule: You can reschedule the Service by calling Us and speaking with a customer service representative, or giving Us written notice 48 hours or more before your lesson.
How to cancel. You can cancel the Service by calling Us and speaking with a customer service representative, or giving Us written notice before Your next scheduled lesson. In order to credit the lesson purchase to Your account, You must cancel within 48 hours of Your lesson.
Changes to service. You are subscribing to the Services as they are currently described in the Student Policy Manual. Student Policy Manual and therefore to the Services offered. We will provide you with notification of any material modification of Your Service as described in the Student Policy Manual.
2. Charges and Payment
Authorization of payment. You authorize Us to electronic payment from You, using your current payment method, for charges related to using the Service. Acceptable payment methods are listed in the Student Policy Manual.
Payment in advance. Payment for a Service term is required in advance of the term. Payment is made at one time for all lessons in the package. If customer has opted into the Monthly Flex Plan, payment for lessons will be billed at the start of the week on Mondays.
Refund policy. Refer to the Student Policy Manual to determine whether your Service allows refunds, and what the policy is.
Promotional Conditions. When redeeming free lessons through web, print or in-store promotions, you acknowledge that we do not guarantee the availability of specific teachers or that a teacher will be available in your city/area. Print offers of free lessons have no monetary value and no refunds will be honored for the cancellation of your free lesson.
Dishonored payments. We charge a reinstatement fee for dishonored payments (both EFT and credit card transactions). In the event of a dishonored payment, we reserve the right to make subsequent attempts to collect payment via the same payment method. You must advise Us at once of any changes to your payment method status that would lead to dishonored payments, such as expiration, billing address change, cancellation, theft, or replacement. You must notify Us in writing within seven (7) days after receiving your credit card statement if you dispute any charges on that statement.
Termination for non-payment. We may terminate your Service at any time in our sole discretion in case of any non-payment of Service or other account charges. Termination of Service for non-payment leaves you fully liable to Us for all charges accrued before termination and for charges incurred by Us owing to your non-payment, such as (but not limited to) collection costs and attorney’s fees.
You understand that your instructor may be an independent contractor and may not be an employee of MyPickleballLessons LLC. You understand that we have obtained a criminal background check of the instructor at the time we hired them, but we cannot guarantee that there has not been a material change in their status since the time of hire.
You agree that under no circumstances is MyPickleballLessons LLC liable for any incidental, consequential, material, punitive, physical damage, bodily injury, emotional distress, discomfort, mental, or other damages of any nature whatsoever arising out of or in connection with the actions or inactions of any independent contractor. We do not warrant the services provided by any independent contractor and that it is your sole decision on which independent contractor you choose. You understand that we have obtained and posted information about the independent contractor on our web site. This content and information is the sole responsibility of the independent contractor and we do not guarantee the accuracy, completeness, or usefulness of any information found on the web site and we neither adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, statement, content, or advice made by any independent contractor. This paragraph shall survive termination of this agreement.
You understand that participation in the Services includes risk of injury that may range in severity from minor to disabling. Although serious injuries are not common, it is impossible to eliminate the risk. You understand that Your participation in Our Services is voluntary and that You are free to choose not to participate. You consent to Your participation in any of the Services You have registered for. You understand that the We, our officers, employees, and agents will not be liable for personal injuries and/or property damage as a result of Your participation in the Services. You agree to indemnify, defend, and hold Us, our officers, our employees harmless from any and all claims damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your activities in connection with the web site or any services related to an independent contractor found through our services. This paragraph shall survive termination of this agreement.
4. Resolution of Disputes
Any dispute or claim between You and Us arising out of or relating to the Service or Web Site provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in Delaware in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators must be entered in the state and federal courts of Delaware. All claims shall be arbitrated individually and You will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. You acknowledge that this arbitration provision constitutes a waiver of any right to a jury trial. We also reserve the right to seek compensation for any attorney fee incurred.
Notices to You will be sent to the email address on file within your account and will be considered given on the date sent by Us. It is your responsibility to ensure you can receive email from Us. We retain the right to assign this Agreement to our successors and assigns, and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. We may cancel this agreement with you at any time. If we do, You will be refunded for any payment made where the Service has not yet been rendered.
We retain the right to terminate this Agreement or not to renew for subsequent service terms at any time for any reason. If we exercise our right of termination, we will refund you a pro-rated amount for the part of any Service you have paid for but not yet received.
This Agreement shall be deemed to have been made in the State of Delaware, and the provisions and conditions of this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of Delaware, without regard to conflict of laws provisions.
You agree to act in a responsible manner and abide by the then-current Student Policy Manual while taking lessons in connection with the Service. You understand that the Student Policy Manual is established by the Company and may be amended by Company from time to time in Company’s sole discretion.
Should you have any questions concerning this Agreement, or if you desire to contact Servicient LLC. for any reason, please email [email protected]
Last Modified: Monday August 6, 2012