Terms of USE & Conditions

Welcome to Smash Courts.

These Terms & Conditions (these “Terms”) constitute a legally binding agreement between you (“you,” “your” or “user”) and Smash Courts (“Smash Courts,” “we,” “us” or “our”) concerning your access to and use of the Smash Courts website, online store, mobile application, booking systems, physical facility and the services, products, programs and activities offered by Smash Courts. By accessing or using the Smash Courts website, creating an account, making a booking, purchasing a membership, registering for a program or event, purchasing a product, entering or using the Smash Courts facility, or otherwise using our Services, you acknowledge that you have read, understood and agree to be bound by these Terms and any applicable Smash Courts policies incorporated into them.

If you do not agree with these Terms, you must not use the Smash Courts website, Services or facilities.

These Terms apply in addition to any specific agreement, waiver, registration form, purchase terms, membership terms, event rules or policy that applies to a particular product or service.

Nothing in these Terms is intended to limit, exclude or waive any right or protection that cannot legally be limited, excluded or waived under applicable law.

1. WHO WE ARE

Smash Courts is an indoor pickleball facility and retail business located at 725B Monaghan Road, Unit 14A, Peterborough, Ontario, Canada. Smash Courts provides indoor pickleball courts, memberships, court bookings, open play, lessons, clinics, leagues, tournaments, camps, events, coaching, equipment rentals and demonstrations, retail products and other related services. Smash Courts may provide Services through third-party technology providers, including Court Reserve for account management, court reservations, scheduling and related functions, and third-party payment processors and online service providers. Smash Courts does not own or control independent third-party platforms and their services may be subject to separate terms and privacy policies.

2. DEFINITIONS

For purposes of these Terms, “Facility” means the Smash Courts premises, including courts, lounges, retail areas, washrooms, licensed areas, common areas, equipment and other areas made available to users.

“Services” means any service provided by Smash Courts, including memberships, court rentals, open play, lessons, clinics, leagues, tournaments, camps, events, coaching, equipment rentals, demonstrations and other activities.

“Member” means an individual with an active Smash Courts membership.

“Guest” means an individual using Smash Courts facilities or participating in a Smash Courts activity without holding the applicable membership.

“Account” means the user account created for access to Smash Courts online or booking services.

“Policies” means the Smash Courts policies, rules and terms referred to in these Terms or otherwise made available to users.

3. ACCEPTANCE OF TERMS

You agree to these Terms by accessing or using the Site or Services, creating an Account, making a booking or purchase, registering for a membership, program or event, entering the Facility, or otherwise indicating acceptance electronically.

Where an electronic acceptance mechanism is provided, including an “I Agree” checkbox or button, selecting that mechanism constitutes your electronic acceptance of these Terms. You are responsible for reviewing these Terms and any applicable Policies before using the applicable Service.

If you are accepting these Terms on behalf of a minor or another individual, you represent that you have the legal authority to do so.

4. RELATED SMASH COURTS POLICIES

These Terms are intended to operate together with Smash Courts' individual Policies rather than replace them.

The following Policies form part of the terms applicable to your use of Smash Courts Services where relevant:

Cancellation Policy
Code of Ethics, Conduct & Behaviour Policy
Age Restriction Policy
Non-Discrimination Policy
Privacy and Collection of Personal Information Policy
Liability Waiver
Membership Hold/Freeze Policy
Refund & Exchange Policy
Shipping Policy
Product Warranty Policy
Paddle Demo and Rental Terms
Program, League, Tournament and Event Rules
Facility Rules
Safety and Emergency Procedures
Alcohol and licensed-area rules
Any additional rules or terms specifically provided for a particular Service.

A specific Policy or agreement addressing a particular transaction, activity or circumstance will apply to that matter to the extent of any inconsistency with these general Terms, subject to applicable law.

5. USER REPRESENTATIONS AND ELIGIBILITY

By using the Services, you represent that the information you provide to Smash Courts is truthful, accurate, current and complete.

You agree to maintain accurate Account and registration information and to promptly update information when it changes.

You represent that you have the legal capacity to enter into any agreement applicable to the Services you purchase or use.

Age restrictions and requirements for minors are governed by the Smash Courts Age Restriction Policy and any additional requirements applicable to the particular activity.

You agree to comply with all applicable laws, regulations, Facility rules, Policies and reasonable directions from Smash Courts staff.

You may not create an Account using false information, another person's identity or information belonging to another person without authorization.

6. ACCOUNTS AND ACCOUNT SECURITY

Certain Services require you to create an Account.

You are responsible for maintaining the confidentiality of your Account credentials and for activity occurring through your Account, except where unauthorized activity results from circumstances for which you are not reasonably responsible.

You must not share, sell, transfer or permit another person to use your Account, membership credentials, access credentials or other personal booking privileges except where Smash Courts expressly permits it.

You must promptly notify Smash Courts if you believe that your Account has been accessed or used without authorization.

Smash Courts may restrict or suspend an Account where reasonably necessary to protect the Account, other users, the Facility or Smash Courts' systems.

7. MEMBERSHIPS

Memberships are offered according to the membership type, price, benefits, term, payment schedule and other conditions disclosed at the time of purchase.

Memberships are personal and non-transferable unless Smash Courts expressly permits otherwise.

Memberships do not guarantee the availability of a particular court, time, program, coach, event or other Service unless expressly stated.

Membership benefits may be subject to booking limits, guest restrictions, eligibility requirements, Facility rules and other applicable Policies.

Memberships may not be shared or used by another individual in order to circumvent membership fees or booking restrictions.

8. MEMBERSHIP CONTRACTS, PAYMENT AND CANCELLATION

Where a Smash Courts membership constitutes a personal development services agreement under Ontario law, the membership will be administered in accordance with the applicable requirements of the Ontario Consumer Protection Act and its regulations.

Ontario's Consumer Protection Act requires qualifying personal development services agreements to be in writing and delivered to the consumer. The legislation also contains requirements concerning contract terms, renewals, instalment payment options and cancellation rights.

Where applicable, a consumer has a statutory right to cancel a qualifying personal development services agreement without giving a reason within the statutory cooling-off period. Nothing in these Terms, a membership agreement or a Smash Courts Policy is intended to remove that right.

Membership cancellation, holds and freezes are also governed by the applicable Smash Courts Cancellation Policy and Membership Hold/Freeze Policy.

A request to cancel or modify a membership should be submitted using the method specified by Smash Courts.

Smash Courts will not knowingly charge or retain amounts in circumstances where doing so would violate applicable consumer-protection legislation.

9. COURT BOOKINGS

Court bookings are subject to availability and the booking rules displayed through Smash Courts and/or CourtReserve.

A booking is confirmed only when the applicable booking system confirms the reservation.

You are responsible for selecting the correct date, time, court, participants and booking type and for paying all applicable charges.

You may not make fraudulent, misleading, duplicate or speculative bookings or book courts for the purpose of circumventing membership, guest, payment or booking restrictions.

Smash Courts may restrict booking privileges where reasonably necessary to address repeated no-shows, misuse of the booking system, unpaid charges, fraudulent activity or other violations of these Terms or applicable Policies.

10. CANCELLATIONS, NO-SHOWS AND LATE ARRIVALS

Court, lesson, program and event cancellations are governed by the Smash Courts Cancellation Policy and any additional terms displayed when the booking or registration is made.

Participants are responsible for reviewing the applicable cancellation deadline before completing a booking.

Failure to attend a reservation without properly cancelling may constitute a no-show and may result in charges, loss of booking privileges or other consequences permitted under the applicable Policy.

Arriving late does not automatically extend a booking. The scheduled booking must end at the scheduled time where another reservation follows.

11. GUESTS

Guests must comply with all applicable Smash Courts guest requirements.

Where registration, payment or a waiver is required, the guest must complete those requirements before participating.

Members are responsible for ensuring that their guests comply with Smash Courts rules and Policies.

A guest does not acquire membership rights merely by using the Facility.

Smash Courts may restrict guest privileges where necessary to manage capacity, safety, membership benefits or Facility operations.

12. FACILITY ACCESS AND AFTER-HOURS USE

Access to the Facility is conditional upon compliance with these Terms and all applicable Smash Courts Policies.

Certain areas and Services may have specific access requirements.

After-hours access may occur when Smash Courts staff are not physically present. Users accessing the Facility during such periods are responsible for following all access, safety and emergency procedures.

Access codes, PINs, passes, memberships and other credentials are personal and must not be shared except where expressly permitted.

Smash Courts may restrict Facility access where an Account is suspended, terminated, unpaid or otherwise not in good standing, subject to applicable law.

13. USER CONDUCT

You agree to conduct yourself in a respectful, safe and responsible manner.

The Smash Courts Code of Ethics, Conduct & Behaviour Policy forms part of these Terms.

You must not engage in harassment, intimidation, bullying, discrimination, violence, threats, abusive conduct, theft, deliberate property damage, unsafe behaviour, unauthorized access, fraudulent activity or conduct that materially interferes with the reasonable use and enjoyment of the Facility by others.

You must follow reasonable directions from Smash Courts employees, coaches, contractors and authorized representatives.

Smash Courts may take appropriate action in response to misconduct, including warnings, removal from the Facility, cancellation of bookings, suspension of privileges or termination of membership or access, subject to applicable law.

14. PROHIBITED ACTIVITIES

You may not use the Site, Account, booking system or Services to engage in fraudulent bookings or payments, impersonate another person, create false Accounts, circumvent membership or payment restrictions, collect personal information from other users without authorization, use automated systems to access or extract information, interfere with the operation or security of the Site or booking systems, transmit malicious software, attempt unauthorized access, reverse engineer software where prohibited by law, or otherwise violate applicable law.

You may not use Smash Courts' website, content, customer information, images, databases or other materials to create or support a competing commercial service without Smash Courts' prior written authorization.

You may not use Smash Courts' Services to harass, threaten, intimidate or abuse Smash Courts employees, coaches, contractors, volunteers or other users.

15. INTELLECTUAL PROPERTY AND COPYRIGHT

Unless otherwise indicated, Smash Courts owns or has the right to use the content and intellectual property appearing on its website, mobile application, online store, promotional materials and Facility materials.

This includes, without limitation, the Smash Courts name, logos, branding, photographs, graphics, videos, written content, website design, original instructional materials, program materials, tournament materials, marketing materials, databases and other original content.

The Site and its Content are provided for personal, non-commercial use in connection with your use of Smash Courts Services.

Except as expressly permitted by Smash Courts or applicable law, you may not copy, reproduce, modify, republish, upload, distribute, publicly display, sell, license, commercially exploit or create derivative works from Smash Courts Content.

You may not remove copyright, trademark or other proprietary notices.

Smash Courts' trademarks, logos and branding may not be used in a manner that suggests sponsorship, endorsement, affiliation or authorization without prior written permission.

Third-party trademarks and intellectual property remain the property of their respective owners.

16. PURCHASES AND PAYMENT

Purchases may be made through Smash Courts' online store, Facility retail operations or other authorized sales channels.

Smash Courts reserves the right to correct pricing, product descriptions, availability and other errors and to refuse or cancel an order where reasonably necessary, including where an obvious pricing or listing error has occurred.

Where an order is cancelled by Smash Courts, any amount improperly charged for the cancelled order will be addressed in accordance with applicable law and the applicable Smash Courts policy.

Purchases are subject to the applicable Refund & Exchange Policy, Shipping Policy, Product Warranty Policy and any product-specific terms.

Nothing in these Terms is intended to remove statutory consumer rights.

17. PADDLE DEMONSTRATIONS AND RENTALS

Paddle demonstrations and rentals are subject to Smash Courts' applicable Paddle Demo and Rental terms.

Rental and demonstration equipment remains the property of Smash Courts or the applicable owner unless purchased.

Users are responsible for reasonable care of demonstration and rental equipment and may be responsible for loss, theft or damage beyond ordinary reasonable wear, subject to the applicable terms and law.

18. PROGRAMS, LESSONS, LEAGUES, TOURNAMENTS AND EVENTS

Registration for a Smash Courts program, lesson, league, tournament, camp or event constitutes an agreement to comply with these Terms and any specific rules applicable to that activity.

Programs and events may have separate eligibility, registration, payment, cancellation, refund, conduct and participation requirements.

Smash Courts may make reasonable changes to schedules, formats, coaches, courts, divisions or other operational details where necessary.

Where an event-specific agreement or rule conflicts with these Terms, the specific event terms will govern that event to the extent of the conflict, subject to applicable law.

19. AGE RESTRICTIONS AND MINORS

The Smash Courts Age Restriction Policy forms part of these Terms.

Certain Services, areas, programs or events may have minimum age requirements or additional supervision requirements.

Parents and legal guardians are responsible for completing required registrations, consents, waivers and other documentation for minors in their care.

Parents and guardians are responsible for ensuring that minors under their care understand and follow applicable Smash Courts rules.

Smash Courts may require additional supervision or impose participation requirements for minors where reasonably necessary for safety or program operation.

20. NON-DISCRIMINATION

Smash Courts is committed to providing an inclusive environment and complying with applicable human rights legislation.

The Smash Courts Non-Discrimination Policy forms part of these Terms.

Smash Courts may establish reasonable rules concerning safety, age, skill level, scheduling, court use, program eligibility and Facility operations where those rules are lawful and reasonably necessary.

21. ASSUMPTION OF RISK AND LIABILITY WAIVER

Participation in pickleball and other physical activities involves inherent risks, including falls, slips, collisions, contact with equipment or other participants, strains, sprains, illness and other injuries.

Participants must complete the Smash Courts Liability Waiver or other required release before participating where Smash Courts requires such documentation.

The applicable waiver governs the participant's assumption of risk and release obligations and should be reviewed separately.

Nothing in these Terms or the Liability Waiver is intended to exclude or limit liability to the extent that doing so is prohibited by law.

22. HEALTH AND PARTICIPATION

Participants are responsible for determining whether they are physically capable of participating safely in the activity they have selected.

Smash Courts does not provide medical advice or guarantee that participation will be appropriate for any particular individual.

Participants should seek appropriate medical advice where they have concerns about their ability to participate safely.

Smash Courts may require a participant to stop participating where reasonably necessary for safety.

23. EMERGENCIES AND SAFETY

Participants must immediately follow reasonable emergency instructions provided by Smash Courts staff, emergency personnel or other authorized persons.

Participants must not interfere with emergency equipment, exits, alarms, emergency procedures or safety systems.

Smash Courts may evacuate, close or restrict any portion of the Facility where reasonably necessary because of an emergency, unsafe condition, severe weather, utility interruption, maintenance issue, equipment failure or other circumstance affecting safety.

Applicable Smash Courts emergency and safety policies form part of these Terms.

24. ALCOHOL AND LICENSED AREAS

Alcohol may only be possessed, purchased, served or consumed in areas where permitted by applicable law, licensing requirements and Smash Courts rules.

Alcohol is not permitted on the courts unless expressly authorized and permitted by law.

Participants must comply with all posted alcohol rules and reasonable directions from Smash Courts staff.

Smash Courts may refuse service, restrict access to licensed areas or remove individuals where reasonably necessary to comply with applicable law, licensing requirements or safety requirements.

No person may provide alcohol to a minor.

25. PERSONAL PROPERTY

Participants are responsible for their personal belongings.

Smash Courts is not responsible for lost, stolen or damaged personal property except to the extent that responsibility cannot lawfully be excluded or limited.

Participants should not leave valuables unattended.

Lost property should be reported to Smash Courts staff.

26. PHOTOGRAPHY, VIDEO AND MEDIA

Smash Courts may photograph or record activities at the Facility for legitimate business, promotional, marketing, community or archival purposes, subject to applicable law and any applicable consent requirements.

Where specific consent is required, Smash Courts will obtain consent in accordance with its applicable practices.

Participants who do not wish to appear in promotional photography or video should notify Smash Courts.

Participants may not commercially use another person's image, name or likeness without appropriate authorization.

27. PRIVACY AND PERSONAL INFORMATION

Smash Courts collects, uses, stores and discloses personal information in accordance with its Privacy and Collection of Personal Information Policy.

That Policy forms part of these Terms where applicable and should be reviewed separately for complete information regarding personal information practices.

Smash Courts may collect information necessary to administer Accounts, memberships, bookings, payments, programs, communications, customer service, safety and other legitimate business functions, subject to applicable privacy law and the Smash Courts Privacy Policy.

28. COURTRESERVE AND OTHER THIRD-PARTY PLATFORMS

Smash Courts may use third-party platforms, including CourtReserve, to facilitate bookings, memberships, scheduling, payments, communications and other Services.

When you use a third-party platform, you may also be subject to that provider's terms of use and privacy policy.

Smash Courts does not own or control independent third-party platforms and cannot guarantee that their systems will always be available, uninterrupted or error-free.

However, nothing in this section transfers to a third-party provider any responsibility that Smash Courts has directly assumed toward you under your agreement with Smash Courts or under applicable law.

Where an issue concerns a Smash Courts membership, booking, purchase or Service, you may contact Smash Courts for assistance even where a third-party platform was used to process the transaction.

29. THIRD-PARTY WEBSITES AND CONTENT

The Smash Courts Site may contain links to third-party websites, applications, services or content.

Third-party websites and content are not necessarily investigated, monitored or controlled by Smash Courts.

Smash Courts is not responsible for the content, availability, accuracy, privacy practices or policies of independent third-party websites.

A link to a third-party website does not necessarily constitute an endorsement, sponsorship or recommendation by Smash Courts.

You are responsible for reviewing the terms and privacy policies applicable to third-party websites and services before using them.

30. WEBSITE AND APPLICATION USE

The Site and application are provided for legitimate use of Smash Courts Services.

You must not interfere with the operation, security or integrity of the Site, application or booking systems.

You must not attempt unauthorized access, circumvent security measures, introduce malicious software, scrape or systematically extract data, or use automated tools to access the Site except where expressly authorized.

Smash Courts may temporarily suspend access to the Site or application for maintenance, security, upgrades or other operational reasons.

31. DISCLAIMERS

The Site and certain online Services are provided on an “as available” basis.

Smash Courts does not guarantee that the Site, application or online systems will always be uninterrupted, error-free or available.

Smash Courts does not guarantee that every piece of website content will always be complete, current or free from typographical or technical errors.

Smash Courts will use reasonable efforts to maintain its Services and systems, but certain interruptions may occur because of circumstances outside Smash Courts' reasonable control.

Nothing in this section excludes or limits any warranty or statutory right that cannot legally be excluded or limited.

32. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Smash Courts will not be responsible for indirect, incidental, special, consequential or punitive damages arising solely from your use of the Site or Services.

Nothing in these Terms excludes or limits liability for matters that cannot legally be excluded or limited.

In particular, nothing in these Terms is intended to remove rights arising under applicable consumer-protection legislation, human rights legislation or other mandatory law.

Any limitation of liability contained in these Terms is subject to the terms of the applicable Liability Waiver and to applicable law.

33. INDEMNIFICATION

To the extent permitted by law, you agree to be responsible for losses, claims or reasonable costs arising from your intentional or negligent misconduct, your breach of these Terms, your misuse of the Site or Services, or your violation of another person's rights.

This provision does not require you to indemnify Smash Courts for losses caused by Smash Courts' own negligence, misconduct or breach of a non-excludable legal obligation.

Where a claim arises that is subject to indemnification, Smash Courts may request your reasonable cooperation in responding to that claim.

34. SUSPENSION AND TERMINATION

These Terms remain applicable while you use Smash Courts Services.

Smash Courts may suspend or terminate an Account, membership, booking privilege or Facility access where reasonably necessary because of non-payment, fraud, misuse of Services, violation of these Terms or a Policy, unsafe conduct, harassment, threats, violence, property damage or other lawful grounds.

Smash Courts may also restrict access where necessary to protect the safety of users, employees, coaches, contractors or the Facility.

Where appropriate, Smash Courts may provide notice and an opportunity to address the issue.

Termination or suspension will not remove any rights or obligations that accrued before termination.

Nothing in this section permits Smash Courts to retain money or terminate a regulated consumer contract contrary to applicable law.

35. FACILITY CLOSURES AND EVENTS BEYOND OUR CONTROL

Smash Courts may temporarily close the Facility or restrict Services because of maintenance, repairs, renovations, tournaments, special events, staffing issues, emergencies, severe weather, utility interruptions, government requirements, equipment failures or other circumstances outside Smash Courts' reasonable control.

Where reasonably possible, Smash Courts will provide notice of material closures or changes.

Where a closure materially affects a prepaid Service, Smash Courts will address the affected Service in accordance with the applicable Policy, booking terms and applicable law.

36. CHANGES TO THESE TERMS

Smash Courts may update these Terms from time to time to reflect changes in Services, technology, Facility operations, safety requirements, business practices or applicable law.

The updated Terms will be posted on the Smash Courts website with a revised effective date.

For ordinary website use, continued use of the Site after updated Terms are posted may constitute acceptance of the updated Terms to the extent permitted by law.

Material changes affecting an existing membership or other regulated consumer contract will be handled in accordance with applicable law and any required notice or consent requirements.

A change to an operational Facility rule does not automatically constitute a change to an existing contractual payment obligation.

37. COPYRIGHT AND TRADEMARK NOTICE

All original Smash Courts Content and branding is protected by applicable intellectual-property laws.

Unauthorized copying, reproduction, distribution, commercial use or modification of Smash Courts Content is prohibited except where expressly permitted by Smash Courts or applicable law.

“Smash Courts” and associated logos and branding may not be used without prior written authorization where such use would imply affiliation, sponsorship, endorsement or authorization.

38. COMPLIANCE WITH LAW

These Terms are subject to all applicable federal, provincial and municipal laws and regulations.

If any provision of these Terms conflicts with mandatory legislation, the mandatory legal requirement will prevail.

Nothing in these Terms is intended to require a consumer to waive a statutory right or remedy that cannot legally be waived.

39. GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada.

Subject to any mandatory rights available to a consumer under applicable law, disputes concerning these Terms will be addressed in accordance with Ontario law and through the courts or other dispute-resolution processes having lawful jurisdiction.

Nothing in these Terms requires a consumer to give up a statutory right to bring a proceeding before a court or tribunal where applicable law provides that right.

40. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect to the extent permitted by law.

41. NO WAIVER

A failure by Smash Courts to enforce a provision of these Terms on one occasion does not constitute a waiver of its right to enforce that provision on another occasion.

42. ENTIRE AGREEMENT

These Terms, together with the applicable Smash Courts Policies, membership agreement, booking terms, registration terms, Liability Waiver, purchase terms and other documents expressly incorporated into the applicable transaction, constitute the agreement governing your use of the applicable Smash Courts Services.

A specific written agreement or Policy governing a particular Service will apply to that Service to the extent of any inconsistency, subject to applicable law.

43. ELECTRONIC RECORDS AND COMMUNICATIONS

You consent to receiving contractual notices, receipts, booking information, membership information and other communications electronically where permitted by law.

You are responsible for maintaining a current email address and other contact information associated with your Account.

Electronic records may be used as evidence of transactions, bookings, communications and acceptance to the extent permitted by law.

44. CONTACT INFORMATION

Smash Courts
725B Monaghan Road, Unit 14A
Peterborough, Ontario
Canada

Telephone: 705-742-8880

Email: smashcourts1@gmail.com

Website: www.smashcourts1.com

45. ACKNOWLEDGEMENT AND ACCEPTANCE

By clicking “I Agree,” checking an acceptance box, creating an Account, purchasing a membership, making a booking, registering for a program or event, purchasing a product or Service, entering the Facility or otherwise using Smash Courts Services, you acknowledge that you have had an opportunity to review these Terms and the Policies applicable to your use of Smash Courts.

You agree to comply with these Terms and applicable Smash Courts Policies.

You understand that pickleball and other physical activities involve inherent risks and that a separate Liability Waiver may be required before participation.

You understand that applicable consumer-protection, human-rights, privacy and other statutory rights remain in force and are not waived by these Terms.