READ CAREFULLY BEFORE SIGNING. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT YOU (1) ASSUME ALL RISKS OF PICKLEBALL AND OTHER ACTIVITIES, INCLUDING SERIOUS INJURY AND DEATH; (2) RELEASE CENTER COURT FROM LIABILITY, EVEN FOR ITS OWN NEGLIGENCE; (3) AGREE TO INDEMNIFY CENTER COURT; (4) AGREE THAT BOOKINGS ARE NON-REFUNDABLE AS STATED BELOW; AND (5) AGREE TO RESOLVE DISPUTES BY FINAL AND BINDING INDIVIDUAL ARBITRATION, WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR JOIN A CLASS ACTION.
This Participant Agreement ("Agreement") is made by the person signing it ("you"), for yourself and, if you sign as parent or legal guardian, for the minor named in your booking, in favor of the Released Parties.
1. DEFINITIONS
"Center Court" means Center Court Pickleball Club and every entity that owns or operates any Center Court pickleball facility, including its clubs in Gilbert, Glendale, Scottsdale (Mayo) and Scottsdale (Shea), Arizona.
"Released Parties" means Center Court; its parents, subsidiaries and affiliates; the owners and landlords of each facility; and the members, managers, officers, directors, employees, staff, coaches, instructors, referees, volunteers, contractors, agents, sponsors, event organizers, successors and assigns of each of them.
"Facilities" means every Center Court facility and everything in or around it, including courts, nets, lounges, rest rooms and locker rooms, stairs, walkways, entrances, parking areas, furniture and equipment.
"Activities" means pickleball and every other sport, game, drill, clinic, lesson, class, program, league, ladder, open play, court booking, tournament, cash game, social, charity or private event, and any other use of or presence in the Facilities, now or in the future, whether booked through bookit.centercourtpickleball.com, CourtReserve, the front desk or any other way.
"Participant" means you and, if you sign as parent or legal guardian, the minor you sign for.
2. CONSIDERATION AND SCOPE
In exchange for being allowed to book, enter the Facilities and take part in the Activities, you agree to this Agreement. It applies to this booking and to every later booking, visit and Activity at any Center Court facility until Center Court replaces it with a new version that you sign. You understand that Center Court would not allow you to take part without this Agreement.
3. THE RISKS: READ EACH ONE
Pickleball and the other Activities are active, physical and competitive. They involve risks of injury, including serious injury, permanent disability, paralysis and DEATH, and of loss of or damage to property. The risks include, among others:
- falls, slips, trips, twists and missteps on courts, floors, stairs and walkways, including from sweat, water, spilled drinks, balls, dust, debris or uneven or slippery surfaces;
- sprains, strains, tears, fractures, dislocations, concussions and other head injuries, Achilles tendon, knee, hip, back, shoulder, wrist and elbow injuries;
- being struck by balls, paddles, other players or objects, including eye injuries and loss of vision (protective eyewear is recommended and is your responsibility);
- collisions with other players, nets, net posts, walls, fences, dividers, benches, furniture, signs and fixtures;
- overexertion, heat illness, dehydration, cardiac arrest, heart attack, stroke, seizures and other medical events, including those caused or made worse by an existing condition;
- the failure, defect, condition or misuse of equipment, including equipment, ball machines or paddles provided or rented by Center Court;
- lighting, glare, ventilation, temperature, humidity, noise and other conditions in the Facilities;
- the acts, omissions, skill level, rules violations and conduct of other players, spectators, coaches, instructors, officials and others;
- instruction, coaching, drills, officiating, scheduling, court assignment, matching of players or supervision that is mistaken, inadequate or absent;
- hazards in parking areas and when entering or leaving the Facilities;
- exposure to contagious illness, including colds, flu and COVID-19;
- theft of, loss of or damage to personal property and vehicles; and
- risks that are not known or not reasonably foreseeable today.
THESE RISKS MAY BE CAUSED OR MADE WORSE BY THE NEGLIGENCE OF THE RELEASED PARTIES, INCLUDING NEGLIGENT INSPECTION, MAINTENANCE, REPAIR, CLEANING, DESIGN, INSTRUCTION, SUPERVISION, WARNING, RULES ENFORCEMENT OR RESCUE.
4. FITNESS AND VOLUNTARY PARTICIPATION
Taking part is entirely voluntary. You confirm that the Participant is in good health and physically able to take part, that no doctor has advised against it, and that you alone decide whether the Participant is fit to play. Center Court does not screen anyone's health, fitness or skill. The Participant will stop immediately and ask for help if he or she feels unwell, dizzy, short of breath or in pain.
5. ASSUMPTION OF RISK
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THE RISKS DESCRIBED IN THIS AGREEMENT AND ALL OTHER RISKS OF THE ACTIVITIES AND THE FACILITIES, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. YOU UNDERSTAND THAT THE RELEASED PARTIES DO NOT GUARANTEE THE SAFETY OF ANY PERSON AND THAT CENTER COURT IS RELYING ON THIS ASSUMPTION OF RISK IN ALLOWING THE PARTICIPANT TO TAKE PART.
6. RELEASE OF LIABILITY AND PROMISE NOT TO SUE
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, DISCHARGE AND FOREVER GIVE UP, AND PROMISE NOT TO SUE, THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, EXPENSES AND CAUSES OF ACTION OF ANY KIND, KNOWN OR UNKNOWN, INCLUDING FOR BODILY INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, WRONGFUL DEATH, LOSS OF CONSORTIUM, EMOTIONAL DISTRESS, MEDICAL EXPENSES, LOST INCOME, AND LOSS OF OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATED IN ANY WAY TO THE ACTIVITIES, THE FACILITIES, ANY EQUIPMENT, OR ANY BOOKING, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
This release binds you and everyone who may claim through you or on your behalf, including your spouse, children, heirs, next of kin, personal representatives, executors, administrators, insurers and assigns, and, to the fullest extent permitted by law, any person entitled to bring a claim for wrongful death of the Participant.
This Agreement does not release a Released Party from liability for its gross negligence, willful or wanton misconduct, or intentional acts, to the extent the law does not allow that liability to be released. Every other part of this Agreement still applies to those claims, including the agreement to arbitrate.
7. INDEMNITY
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS AND ATTORNEYS' FEES ARISING OUT OF OR RELATED TO (A) THE PARTICIPANT'S ACTIVITIES OR CONDUCT; (B) ANY BREACH OF THIS AGREEMENT OR OF THE FACILITY RULES; (C) ANY GUEST, PLAYER OR OTHER PERSON INCLUDED IN YOUR BOOKING WHO HAS NOT SIGNED THIS AGREEMENT; OR (D) ANY CLAIM BROUGHT BY OR ON BEHALF OF THE PARTICIPANT, INCLUDING A MINOR OR THE MINOR'S ESTATE OR HEIRS, IN VIOLATION OF THIS AGREEMENT, EVEN IF THE CLAIM ARISES IN PART FROM THE NEGLIGENCE OF A RELEASED PARTY.
8. MINORS (FOR A PARENT OR LEGAL GUARDIAN SIGNING FOR A PARTICIPANT UNDER 18)
If you sign for a minor, you confirm that you are the minor's parent or legal guardian with legal authority to sign this Agreement for the minor, and that the date of birth you give is correct. You consent to the minor taking part. For yourself and for the minor, you assume the risks in this Agreement; you release and promise not to sue the Released Parties for your own claims and, to the fullest extent permitted by law, for the minor's claims; you agree to the indemnity in Section 7 for any claim brought by or for the minor; and you agree that all disputes involving the minor will be resolved by arbitration under Section 13. You will supervise the minor, or arrange adult supervision, at all times the minor is at the Facilities unless the minor is enrolled in a supervised Center Court program.
9. RULES, CONDUCT AND REMOVAL
The Participant will follow all posted rules, staff instructions and good sportsmanship; wear proper non-marking court shoes; play within his or her ability; and use equipment only for its intended purpose. No alcohol except as served or approved by Center Court; no cannabis, illegal drugs, smoking or vaping. Center Court may refuse entry to, or remove from the Facilities, any person at any time for safety, misconduct, intoxication, abuse of staff or players, or breach of the rules, WITHOUT ANY REFUND. The Participant is responsible for any damage he or she causes to the Facilities or equipment.
10. BOOKINGS, PAYMENTS AND NO REFUNDS
YOU AGREE TO THESE PAYMENT TERMS AS PART OF THIS AGREEMENT:
(a) COURT BOOKINGS. Non-member court bookings are made within 48 hours of the start time and are FINAL. THEY CANNOT BE CANCELLED, CHANGED, TRANSFERRED OR REFUNDED, IN WHOLE OR IN PART, for any reason, including late arrival, early departure, no-show, fewer players than booked, illness, injury, weather, traffic or a change of plans.
(b) CLINICS, PROGRAMS, LEAGUES, LADDERS AND MULTI-WEEK SESSIONS. Fees are for the program as a whole. THERE ARE NO REFUNDS, CREDITS OR MAKE-UP SESSIONS FOR MISSED CLASSES, WEEKS, MATCHES OR DATES, late arrival, early departure, illness, injury, travel, schedule conflicts or a decision to stop taking part, unless Center Court states otherwise in writing for that program. Late-join prices already reflect classes that have passed.
(c) EVENTS AND TOURNAMENTS. Event and tournament refund rules are those shown for that event at the time of booking; if none are shown, the booking is non-refundable.
(d) CHANGES BY CENTER COURT. Center Court may change courts, times, coaches, instructors, formats, partners, divisions and schedules. If Center Court cancels an entire booking, class or event and does not offer a reasonable replacement, its only obligation and your only remedy is a refund of the amount you paid for the cancelled part. THE RELEASED PARTIES' TOTAL LIABILITY FOR ANY CLAIM RELATED TO A BOOKING OR PAYMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT BOOKING.
(e) PAYMENT DISPUTES. You authorize the charge shown at checkout. Before disputing a charge with your card issuer, you will contact Center Court with your order number and give Center Court a reasonable opportunity to resolve the issue. A chargeback that is inconsistent with this Agreement is a breach of it.
11. MEDICAL TREATMENT
If the Participant is injured or becomes ill, the Released Parties may, but are not required to, call emergency services, give first aid or CPR, or use an AED. You consent to that help and to emergency medical treatment and transport, release the Released Parties from claims arising from it to the fullest extent permitted by law, and agree that all costs of medical treatment and transport are your responsibility.
12. PROPERTY, PHOTOGRAPHS AND RECORDINGS
The Released Parties are not responsible for any loss of, theft of or damage to personal property, equipment or vehicles. Center Court records video in and around the Facilities for safety and security, and you consent to that recording. You grant Center Court permission to photograph and record the Participant at the Facilities and to use those images and recordings, without payment, in Center Court's marketing and social media. You may withdraw this photo permission for future use by emailing contact@centercourtpickleball.com.
13. DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION, JURY TRIAL WAIVER AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF.
(a) Informal resolution first. Before starting arbitration, the party with a claim will send the other a written notice describing the claim and the relief requested (to Center Court at contact@centercourtpickleball.com, or to you at the email used for your booking), and both will try in good faith to resolve it within 60 days.
(b) Agreement to arbitrate. YOU AND CENTER COURT AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU (OR THE PARTICIPANT, OR ANYONE CLAIMING THROUGH EITHER OF YOU) AND ANY RELEASED PARTY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACTIVITIES, THE FACILITIES, ANY BOOKING OR PAYMENT, OR ANY INJURY, ILLNESS OR DEATH, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, FRAUD OR ANY OTHER LEGAL THEORY, AND WHETHER IT AROSE BEFORE OR AFTER THIS AGREEMENT, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where they apply, its Mass Arbitration Supplementary Rules) in effect when the arbitration is filed, before a single neutral arbitrator. The hearing will take place in Maricopa County, Arizona, or, at your choice, by video conference or on written submissions. The arbitrator may award any relief that a court could award to an individual, but only to the individual party seeking relief and only to the extent needed for that party's individual claim. Judgment on the award may be entered in any court with jurisdiction.
(c) Fees. Center Court will pay all AAA filing, administrative and arbitrator fees beyond the consumer filing fee that the AAA's Consumer Arbitration Rules require you to pay. Each party will pay its own attorneys' fees and costs, unless the arbitrator awards them under applicable law or these rules.
(d) WAIVER OF JURY TRIAL. YOU AND CENTER COURT EACH UNDERSTAND AND AGREE THAT, BY AGREEING TO ARBITRATION, YOU AND CENTER COURT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO HAVE A JUDGE DECIDE THE DISPUTE, TO THE FULLEST EXTENT PERMITTED BY LAW.
(e) WAIVER OF CLASS AND REPRESENTATIVE ACTIONS. YOU AND CENTER COURT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO BRING OR TAKE PART IN A CLASS ACTION OR CLASS ARBITRATION. The arbitrator may not consolidate the claims of more than one person or preside over any class or representative proceeding.
(f) Who decides. The arbitrator decides all questions about the interpretation, scope, applicability, validity and enforceability of this Section 13, except that a court in Maricopa County, Arizona, decides (i) whether the class and representative action waiver in Section 13(e) is valid and enforceable, and (ii) whether Section 13(h) applies to a claim.
(g) Exceptions. Either party may instead bring an individual claim in small claims court (in Arizona, the small claims division of the justice court) if it qualifies. Either party may ask a court for temporary injunctive relief to protect its rights while an arbitration is pending.
(h) Sexual harassment and sexual assault. Nothing in this Agreement requires arbitration of, or waives class or joint actions for, a dispute that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. sections 401-402) allows the person bringing it to take to court, if that person chooses court.
(i) Right to opt out. You may opt out of this Section 13 within 30 days after you first sign this Agreement by emailing contact@centercourtpickleball.com with the subject "Arbitration opt-out" and your name and booking email. Opting out does not affect any other part of this Agreement, including the release, assumption of risk, indemnity and no-refund terms, or any earlier agreement to arbitrate.
(j) Governing law for arbitration; survival; severability. This Section 13 is governed by the Federal Arbitration Act (9 U.S.C. section 1 and following) and, to the extent not inconsistent with it, the Arizona Revised Uniform Arbitration Act (A.R.S. section 12-3001 and following). If the class and representative action waiver in Section 13(e) is found unenforceable for a particular claim or remedy, that claim or remedy (and only that one) will be decided in court in Maricopa County, Arizona, after all individual arbitrable claims are resolved, and the rest of this Section 13 remains in force. This Section 13 survives the end of any booking, membership or relationship with Center Court.
14. GOVERNING LAW, VENUE AND SEVERABILITY
This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-laws rules, except as stated in Section 13. Any matter that is not arbitrated will be heard only in the state or federal courts located in Maricopa County, Arizona, and you consent to those courts. This Agreement is intended to be as broad and inclusive as the law allows. If any part of it is found invalid or unenforceable, that part will be limited or removed only to the extent necessary, and the rest of this Agreement will remain in full force and effect. This Agreement is the entire agreement on its subject, and no statement not written in it is part of it. Headings are for convenience only.
15. ELECTRONIC SIGNATURE AND ACKNOWLEDGMENT
BY CHECKING THE BOX AND TYPING YOUR NAME, YOU CONFIRM THAT YOU: (A) ARE AT LEAST 18 YEARS OLD AND, IF SIGNING FOR A MINOR, ARE THE MINOR'S PARENT OR LEGAL GUARDIAN; (B) HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, AND HAVE HAD THE CHANCE TO ASK QUESTIONS AND TO CONSULT A LAWYER; (C) ARE SIGNING VOLUNTARILY AND ARE NOT RELYING ON ANY STATEMENT THAT IS NOT WRITTEN IN THIS AGREEMENT; (D) UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES, THE RIGHT TO A JURY TRIAL AND THE RIGHT TO TAKE PART IN A CLASS ACTION; AND (E) AGREE TO SIGN ELECTRONICALLY AND INTEND YOUR TYPED NAME TO HAVE THE SAME LEGAL EFFECT AS A HANDWRITTEN SIGNATURE (Arizona Electronic Transactions Act and the federal E-SIGN Act). Center Court keeps a record of this signature, including the date, time, IP address and device, and a PDF copy of the signed Agreement, which you may request at any time.
Version v1-2026-10-18