August 22, 2025
YELLOW DOT PICKLEBALL:
Liability Waiver and Policies
WAIVER OF LIABILITY: On behalf of yourself and
your spouse/partner, children/Minor Members, Guests, parents, guardians, heirs,
next of kin, personal representatives, heirs, and assigns, you hereby
voluntarily and forever release and discharge Yellow Dot Pickleball from, covenant
and agree not to sue Yellow Dot Pickleball for, and waive, any claims, demands,
actions, causes of action, debts, damages, losses, costs, fees, expenses, or
any other alleged liabilities or obligations of any kind of nature, whether
known or unknown (collectively, “Claims”) for any injuries to you,
Minor Member(s), or Guest(s) in the Use of Yellow Dot Pickleball Premises and
Services which arise out of, result from, or are caused by any NEGLIGENCE OF
YELLOW DOT PICKLEBALL, you, any Minor Member(s), or Guest(s), and/or any other
person (“collectively, “Negligent Claims”).
PRIVACY & OTHER POLICIES:
PLEASE READ THESE DISCLOSURES & DISCLAIMERS CAREFULLY.
By voluntarily submitting your information to Yellow Dot
Pickleball Inc., you, the Account Member or Visitor, acknowledge that you have
read, understand, and agree to these Disclosures. You also acknowledge you have
read, understand, and agree to our Privacy Statement at
YellowDotPickleball.com/policies, which includes your express permission to
contact you by telephone and send you prerecorded messages and text messages
using automated technology to the telephone number provided.
At Yellow Dot Pickleball Inc, (“Yellow Dot
Pickleball,” “our,” or “we”), we have adopted
policies, procedures, rules, and regulations, including those located at
www.YellowDotPickleball.com/policies (“policies”) designed to provide
for the safe, enjoyable, and healthy use of our premises and events by you, our
members, and guests. These policies apply to your conduct on Yellow Dot
Pickleball’s premises, including its centers, courts, and all outdoor areas,
including its parking lots, and sidewalks (“premises”). These
policies also apply to your conduct during our events or other Yellow Dot
Pickleball’s sponsored activities (“events”).
As a member or guest of Yellow Dot Pickleball, you are
responsible and expected to review and comply with these policies at all times.
If you violate any of these policies, your membership, center access, or event
participation may be suspended or terminated. Our decision on all questions
regarding construction or interpretation of these policies is final.
We may change these policies at any time without notice, in
our sole discretion. You may find the most recent version of these policies at
YellowDotPickleball.com/policies. As a member or guest of Yellow Dot
Pickleball, you are responsible and expected to review and comply with these
policies at all times.
CANCELLATION & REFUNDS: Memberships are month to month or
year to year. You may cancel your next billing cycle (the following year or
following month) at any time. If you do not request a cancelation, your
membership will renew automatically and we will issue a courtesy email to
notify you prior to renewal. Because member privileges are immediate —
discounted court rates, discounted programming play, discounted drop-in events
— canceling your membership will not include a refund of any prior payments.
You may cancel a court reservation by going to
courtreserve.com or accessing the CourtReserve app. We will refund all amounts paid if we receive
your cancellation notice 24 hours in advance from your scheduled reservation
date and time. We will not refund any amount for a reservation that you fail to
attend or fail to reschedule or postpone at least 24 hours in advance. For
party or group events, cancelation must be at least 14 days in advance of your
event. Inside 14 days, you may request a reschedule, but no refund is available
and reschedule is not guaranteed. Inside 48 hours there is no opportunity for
refund or reschedule.
All product sales are final. Yellow Dot Pickleball provides
sample & demo versions of paddles available for sale and it is expected
that every transaction is preceded by sufficient sampling before making a
purchase. If a product is, to Yellow Dot Pickleball’s best assessment, in an
unopened and unused condition then Yellow Dot Pickleball may, at their sole
discretion, offer a refund or replacement. For a product that has been used
there are no refunds, but the manufacturer’s warranty would be applicable and
Yellow Dot Pickleball will provide proof of purchase to facilitate a warranty
request from a manufacturer.
HEALTH & SAFETY: The health and safety of
our members and guests is our highest priority. While our policies are designed
to help protect you, Yellow Dot Pickleball cannot remove all risk or otherwise
guarantee or promise that you will not sustain any injuries or damages from
viruses, infectious diseases, or other health hazards associated with your use
of Yellow Dot Pickleball’s premises, facilities, equipment, services,
activities, or products (“Use of Yellow Dot Pickleball Premises and
Services”).
On behalf of yourself and your spouse/partner, children/Minor Member(s), and
Guest(s), you attest that you are physically and mentally capable of
participating in Yellow Dot Pickleball activities and have no known health
restrictions that might jeopardize your health or safety or the health or
safety of others during their participation in Yellow Dot Pickleball
activities.
ASSUMPTION OF RISK: You understand that there are dangers, hazards, and
risks of injury or damage, some of which are inherent, in the use of Yellow Dot
Pickleball’s premises, facilities, equipment, services, activities, and
products.
USE OF PREMISES AND SERVICES: You understand that use of Yellow Dot
Pickleball’s premises, facilities, equipment, services, activities, or products
can include but is not limited to (1) pickleball courts, lobby, entryways,
sidewalks, parking lots, and any other facilities; (2) use of services and
participation in activities including but not limited to special athletic
events; and (3) all other programs, activities, classes, sessions, events,
amenities, or benefits that are sponsored, endorsed, or operated by Yellow Dot
Pickleball on or off its premises.
ACCESS AND USAGE: The purchase of a Yellow Dot Pickleball membership
grants you access to the facility at published member rates. Your access to the
facility is what you pay for in your membership dues. While we hope you take
full advantage of your membership and regularly use the facility, any non-use
or low-usage or interrupted use will not constitute grounds for credits or
refunds. Any request for such credits or refunds will not be honored. At Yellow
Dot Pickleball’s option and discretion, upon receipt of a formal written
request by email at info@yellowdotpickleball.com, explaining the reason for the
pause in membership and providing reasonable documentation of the same, a pause
in member’s membership may be facilitated for a fee of $50. Yellow Dot Pickleball
reserves the right to deny any request for a membership pause for any reason.
GRANT OF RIGHTS AND RELEASE: You hereby grant
Yellow Dot Pickleball the irrevocable and unrestricted right to use, reproduce,
and distribute photographs and/or videos taken of you, your guest(s) or anyone
in your party for any purpose, including but not limited to marketing, advertising,
promotion, and social media. You acknowledge and agree you will not receive any
royalties or compensation for the use of the Materials. This release is
provided voluntarily, and you understand you are not entitled to any payment or
consideration. This shall be effective as of the first time you enter Yellow
Dot Pickleball and shall remain in effect indefinitely.
RISKS: You understand that the dangers, hazards, and risks of
injury or damage in the Use of Yellow Dot Pickleball Premises and Services
(“Risks”) may include but are not limited to (1) slips, trips,
collisions, falls, and loss of footing or balance, including “slip and
falls”; (2) equipment failure, malfunction, or misuse; (3) property or
information theft, misuse, or damage, including from vehicles, equipment,
files, or systems; and (4) other accidents or incidents that your result in injury
or damage to you, Minor Member(s), or Guest(s).
INJURIES: You understand that such injuries or damages may
include but are not limited to major or minor personal, physical, bodily,
emotional, mental, economic, property, or other types of injuries or damages
(“injuries”) to you, Minor Member(s), or Guest(s), including but not
limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes,
disfigurement, heat stress and/or heat stroke, dehydration, concussions,
hearing loss, torn, or damaged muscles or ligaments, broken bones, allergic
reactions, burns, sprains, bruises, and scrapes; (3) aggravation of
pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss
of consortium, love, affection, comfort, companionship, or care; (6) emotional
distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning
capacity; (8) lost, stolen, misused or damaged property or information; and (9)
any other disability, impairment, incapacity, injury or damage.
You understand that Risks and Injuries in the Use of Yellow
Dot Pickleball Premises and Services (collectively, “Risks of
Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF YELLOW
DOT PICKLEBALL, you, Minor Member(s), Guest(s) and/or other persons. YOU FULLY
UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.
NEGLIGENCE CLAIMS: You understand that Negligence Claims include but
are not limited to Yellow Dot Pickleball’s (1) negligent design, construction
(including renovation or alteration), repair, maintenance, operation,
supervision, monitoring, or provision of the Use of Yellow Dot Pickleball
Premises and Services; (2) negligent failure to warn of or remove hazardous,
unsafe, dangerous, or defective condition; (3) negligent failure to provide or
keep premises in a reasonably safe condition; (4) negligent provision of or
failure to provide emergency care; (5) negligent hiring, selection, training,
instruction, certification, supervision, or retention of employees, independent
contractors or volunteers; (6) negligent collection, use, disclosure, or
storage of personal, sensitive, or other information (including negligent
failure to implement or maintain information security controls); or (7) other
negligent act(s) or omission(s).
YELLOW DOT PICKLEBALL’S FEES & COSTS: You expressly agree that, if
you (on my own behalf or on behalf of another, including an estate) asset a
Negligence Claim against Yellow Dot Pickleball and/or breach my agreement not
to sue Yellow Dot Pickleball. You will pay all reasonable fees (including
attorneys’ fees), costs, and expenses incurred by Yellow Dot Pickleball
(“Yellow Dot Pickleball’s Fees and Costs”) to defend (1) the
Negligence Claim(s) and (2) all other Claims based on the same facts as the
Negligence Claim(s).
DEFENSE AND INDEMNIFICATION: On behalf of yourself and your
spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents,
guardians, heirs, next of kin, personal representative, heirs, and assigns, you
agree to defend, indemnify, and hold Yellow Dot Pickleball harmless to the
fullest extent permitted by law from and against any Claim (including any
Negligence Claim) asserted against Yellow Dot Pickleball by any other person
(including but not limited to any Other Member, any Guest, and other Yellow Dot
Pickleball member, or guest, any family member who is not a Yellow Dot
Pickleball member, or any other person or entity) arising out of, resulting
from, or caused by the Use of Yellow Dot Pickleball Premises and Services by
me, Minor Member(s), Other Member(s), or Guest(s). Your agreement to defend
Yellow Dot Pickleball means that you will pay any settlement, judgment, or
other damages, fees, or costs of any type incurred by Yellow Dot Pickleball to
resolve the claim.