Club policy and waiver

The following Club Policies and Rules are intended to promote the positive and safe experience of everyone associated with the Club. They are not intended to deal with all conceivable issues that may be presented for governance. We consider these policies to have the force of bylaws, and we intend to enforce them by sanctioning Members and guests who violate them and, in certain cases, suspending or terminating Members’ and guests’ access to the Premises.

  1. Purpose of Club. Indoor Tennis Athletics is a social and wellness club that features tennis and special member programming and events. The mission of Indoor Tennis Athletics is to provide an environment for the development and growth of families and individuals by offering the best in tennis and fitness programs. We are committed to providing the highest level of professionalism and personal service in order to meet and exceed our members' expectations.
  1. Hours. The Club hours will be posted on the club’s website and may be subject to change. The Club may be closed for a specified period or for public holidays, cleaning, or maintenance, or any other reason Club Management deems to justify temporary closure, with notice to Members whenever possible.
  1. Hosting Events. Members may host Special Events working with the Club’s special events manager to arrange dates, times, food, beverage and other aspects of the event.
  1. Transactions. Payment may be made by ACH or credit card with applicable fees. House accounts charged shall be settled at the time of purchase and/or at the end of the month. The Club reserves the right to implement an ACH, credit or debit card billing system such that all annual dues, other fees and charges are billed to each member's approved form of payment. Each member must then furnish the Club with an approved form of payment to which the member authorizes the Club to charge annual dues, other fees and charges.
  1. Philosophy Regarding Club Staff. We have carefully selected an experienced, high quality team of volunteers and coaching staff at the Club. Their primary focus is the comfort and the positive experience of our Members. We expect our Members to treat Club staff with appropriate respect and dignity. If a Member or guest has an issue with any staff member of the Club, the matter shall be addressed directly to the Management team and if appropriate, the General Manager.
  1. Alcohol Policy.  No food or alcohol may be brought in from outside.
  1. Non-Smoking Premises. Smoking or vaping is not permitted on the Premises.
  1. Non-Solicitation. We will not allow solicitation of Members for business opportunities, for fundraising, to join other organizations, or to promote religious or political causes, nor will we allow the distribution of unsolicited marketing materials to Members or the posting of any notices or advertisements not pre-approved by Club Management.
  1. Anti-Harassment Policy. Sexual harassment or unwanted sexual advances toward members and/or staff of either sex or any other harassment based upon an individual's race, color, religion, sex, ancestry, national origin, age, disability, medical condition, sexual orientation, gender identity, or marital status will not be tolerated. Any Member who is disturbed by any of the conduct described above is urged to report such matters to Club Management (General Manager or Director of Membership and Communications), or to any Club Manager on duty. Indoor Tennis Athletics has no tolerance for any forms of harassment or misconduct or aggressive or inappropriate behavior. NO touching or any other forms of inappropriate contact will not be allowed on the premises. We have audio and video recording on premises that will be used for reviews and by signing a waver you are authorizing its use.

Tennis Club Anti-Harassment Policy

Purpose
The club is committed to providing a safe, respectful, and inclusive environment for everyone. Harassment, discrimination, bullying, and abusive conduct are not tolerated in any form.

Scope
This policy applies to all members, guests, coaches, staff, volunteers, officials, and others participating in club activities. It covers conduct at club facilities and events, during lessons and competitions, and in club-related communications, including online messages and social media.

Prohibited conduct
Harassment includes unwelcome conduct that intimidates, humiliates, threatens, or creates an offensive or hostile environment. It may be verbal, physical, visual, written, or online. Examples include:

- Insults, slurs, degrading comments, threats, or repeated unwanted teasing
- Unwanted touching, sexual advances, or comments about someone’s body or private life
- Bullying, intimidation, stalking, or deliberately excluding someone
- Sharing offensive images or messages, or repeatedly contacting someone after being asked to stop
- Discrimination or harassment based on characteristics such as race, color, national origin, sex, sexual orientation, gender identity, religion, age, disability, or any other status protected by applicable law

This list is not exhaustive. A person’s intent does not excuse conduct that violates this policy.

Reporting concerns
Anyone who experiences or witnesses conduct that may violate this policy is encouraged to report it to the Club Manager at Alex@IndoorTennisAthletics.com. Or call directly to 917-232-0632. Reports may be made verbally or in writing. If there is an immediate safety risk, contact emergency services first.

The club will take reports seriously and respond promptly and fairly. Information will be handled as privately as reasonably possible, while allowing the club to investigate and take appropriate action.

Investigation and consequences
The club may speak with the people involved and any witnesses, review relevant information, and take steps to protect those affected. Where a violation is found, consequences may include a warning, removal from an activity, suspension, termination of membership, or referral to the appropriate authorities, depending on the circumstances.

No retaliation
Retaliation against anyone who raises a concern, helps with an investigation, or refuses to participate in harassment is prohibited. Retaliation may result in separate disciplinary action.
All club participants are expected to treat one another with respect and to follow this policy.

Tennis Club Sexual Abuse and Molestation Prevention Policy

Policy statement
The club is committed to protecting children and adults at risk from sexual abuse, molestation, grooming, exploitation, and other sexual misconduct. The club will take reasonable steps to prevent harm, respond promptly to concerns, and comply with applicable safeguarding and reporting laws.

This policy applies to members, coaches, employees, volunteers, officials, guests, and anyone acting on the club’s behalf. It covers club facilities, lessons, competitions, travel, events, and club-related communications.

Prohibited conduct
Sexual abuse and misconduct are prohibited. Examples include:

- Sexual contact or activity with a child, or with anyone unable to freely consent
- Unwanted touching, kissing, sexual advances, or requests for sexual activity
- Sexual comments, jokes, images, or messages
- Exposing someone to sexual material or indecent conduct
- Grooming, including secretive contact, inappropriate gifts, or efforts to isolate a participant
- Taking, possessing, or sharing intimate images without consent
- Using authority, coaching status, or club access to pressure or exploit someone

This list is not exhaustive. Consent must be freely given and cannot be assumed from silence, a person’s age, or their relationship with the other person.

Prevention and safe practices
The club will take reasonable steps to reduce risk, including:

- Screening coaches, employees, and volunteers who work with children or adults at risk, as permitted or required by law
- Providing safeguarding guidance and training appropriate to people’s roles
- Avoiding isolated one-to-one situations. Individual instruction should be observable and interruptible; a parent or guardian should be informed when appropriate
- Using club-approved communication channels. Adults must not have secretive or inappropriate private communications with children
- Setting and communicating rules for changing areas, bathrooms, photography, transportation, overnight trips, and physical instruction
- Ensuring physical contact is necessary, appropriate, explained, and respectful of the participant’s boundaries
- Providing participants and families with a clear way to raise concerns

Parents and guardians are responsible for sharing relevant safety information and following club procedures for children in their care.

Reporting concerns
Anyone who experiences, witnesses, or suspects abuse or misconduct should report it promptly to the Safeguarding Lead or Alternate Contact listed above. Reports may be made verbally or in writing.

If someone is in immediate danger, contact emergency services. Suspected abuse of a child or adult at risk must also be reported to the appropriate protection agency or law-enforcement authority when required by law. Telling the club does not replace a legally required external report.

If the concern involves the Safeguarding Lead, report it to the Alternate Contact or directly to the appropriate authority.

Responding to a disclosure or report
Listen calmly, take the concern seriously, and reassure the person that they did the right thing by speaking up. Do not promise secrecy, ask leading questions, confront the person accused, or conduct your own investigation. Record the person’s words as accurately as possible, the date, and relevant observations, then promptly pass the information to the appropriate contact or authority.

The club will act promptly and fairly, take reasonable steps to protect participants, and cooperate with relevant authorities. Information will be kept private as far as reasonably possible and shared only when needed to respond or meet legal obligations.

Interim measures and consequences
While a concern is assessed, the club may take steps such as changing duties, limiting contact with participants, or suspending access to club activities. If a violation is established, consequences may include removal from duties, suspension, termination of membership, or referral to authorities. Club action does not replace any legal process.

Retaliation against anyone who raises a concern, makes a report, or assists with a response is prohibited and may result in disciplinary action.

Records, training, and review
The club will maintain safeguarding reports and related records securely, with access limited to those who need them. The club will provide appropriate safeguarding training and review this policy at least once every two years, and sooner if circumstances or applicable laws require.
All club participants must follow this policy and cooperate with reasonable safeguarding measures.

  1. Illegal Drugs. Illegal drugs are not permitted on the Premises at anytime. Any Member found guilty of consuming or bringing illegal drugs onto the Premises, or whose guest is found engaging in such acts, will be ejected from the Premises, will be reported to the police and may have their membership terminated.
  2. Gaming. No betting, wagering, or gaming shall take place on the Premises other than for nominal stakes.
  3. Pets. No animals are allowed in the Premises, except for dogs trained to do work or perform tasks for an individual with a disability as a service animal, as required by law. Emotional support animals are not permitted on the property at any time.
  4. Neighbors. In consideration of our neighbors, Members are required to leave the Premises quietly at all times.
  5. Restricted Areas. No member, visitor or guest is allowed in the service or restricted areas of the club.
  6. Coats, luggage, or any forms of personal items. All luggage and large bags must be left at Reception. The Club is not liable for any items left or lost at the club.
  7. Reciprocal Arrangements. The Club may enter into reciprocal arrangements with other clubs or organizations on such terms as it shall decide, in its sole and absolute discretion, from time to time, and any such arrangements may be terminated or modified by the Club at any time. Such reciprocal arrangements will be communicated to Members.
  8. Interpretation. Club Management shall be the sole authority as to the interpretation of this Charter.
  9. Assume All Risks. Each Member, as a condition of membership and each guest as a condition of invitation to the Club Facilities, assumes sole responsibility for his or her property. Any Member, guest or other person who, in any manner, makes use of or accepts the use of facility, privilege or service whatsoever owned, leased or operated by the Club, or who engages in any contest, game, function, exercise, competition or other activity operated, organized, arranged or sponsored by the Club, either on or off the club's premises, shall do so at his or her own risk and assume all risks associated with accessing the Club facilities and the facilities of any participating reciprocal Clubs, including, but not limited to, dining and event rooms, amenities, outdoor areas and grounds. The Member and his or her guests shall hold the Company, any manager of the Club Facilities, their affiliates, their successors and assigns and their respective shareholders, partners, directors, officers, members, employees, representatives, agents and members of the Club's advisory committee (collectively, the "Indemnified Parties") harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by him or her, resulting from the use of the Club Facilities, or otherwise, arising out of or incident to membership in the Club and/or from any act or omission of any of the Indemnified Parties. Any Member shall have, owe and perform the same obligation to the Indemnified Parties hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest.
  10. Dispute Resolution. Except with respect to the disciplinary proceedings as specifically provided in the Member Conduct Section of this Charter, each and every dispute, claim or other matter of disagreement between and among the Club, its officers, directors, affiliates and any Club Member or applicant for membership relating to or arising out of the Charter or any transaction contemplated by the Charter shall only be decided by mediation, and if necessary, arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force, and no right shall exist to have any such dispute litigated in a court or by jury trial; provided, however, that the Club shall have the right to collect, through a court proceeding, any Club account or other amount owing as a result of the members' loss or destruction of the Club's property or injury caused to any party. Both the Club and Member acknowledge and agree that claims and counterclaims shall only be alleged on an individual basis and shall not be joined with additional claimants, other than family members, or as part of a class or group action or proceeding. Mediation shall be held in Smith County, Texas and the fees and expenses of the mediators (or such single mediator) shall be borne equally. Either party may submit the matter to binding arbitration. The arbitration proceeding shall be held in Smith County, Texas. The decision of the arbitrators, where appropriate, shall take into account the operation of the Club and its Premises in comparison to the operation of other similar Clubs in Smith County, Texas. The arbitrators shall investigate the facts and shall hold hearings at which the parties may present evidence and arguments, be represented by counsel and conduct cross-examination. The arbitrators shall render a written decision upon the matter presented within thirty (30) days after the date upon which the last party submitted its position paper to the arbitrators, and such decision shall be final and conclusive upon all parties. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof, and the judgment shall be entered unless the award is vacated, modified or corrected as provided by law. The parties shall advance on an equal basis any necessary costs of the arbitration, such as reporter's fees and arbitrator's fees. The prevailing party shall be entitled to recover as part of the award all such advanced costs and reasonable attorneys' fees and related costs, fees or expenses of the arbitration.

By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.

INDOOR TENNIS CLUB PARTICIPATION, RELEASE, AND ASSUMPTION OF RISK AGREEMENT

Indoor Tennis Athletics
13955 Hwy 155, Tyler, Texas 75703

**Participant:** ______________________________
**Date of Birth:** ____________________________
**Date:** ____________________________________

By signing this Agreement, I acknowledge and agree as follows:

1. Assumption of Risk
I understand that participating in tennis, fitness, training, instruction, tournaments, leagues, and other activities at or associated with the Club involves known and unknown risks. These risks may include, without limitation:

- Falls, slips, trips, and collisions;
- Contact with walls, fencing, nets, posts, doors, benches, equipment, or other persons;
- Sprains, strains, fractures, dislocations, concussions, paralysis, heart conditions, or death;
- Injuries caused by balls, racquets, equipment, flooring, lighting, temperature, or facility conditions;
- Injuries arising from my own actions or the actions of employees, instructors, members, guests, spectators, contractors, or other participants;
- Medical emergencies or delayed medical treatment; and
- Damage to or loss of personal property.

I voluntarily choose to participate despite these risks and accept full responsibility for my participation, conduct, physical condition, and use of the Club’s premises and equipment.

2. Release and Waiver of Claims
To the fullest extent permitted by law, I release and forever discharge **[Club legal name]**, its owners, officers, directors, employees, instructors, coaches, agents, contractors, affiliates, insurers, landlords, successors, and assigns from any and all claims, demands, causes of action, damages, losses, expenses, and liabilities arising out of or related to my presence at or participation in Club activities.

This release includes claims for personal injury, illness, disability, death, property damage, and economic loss, including claims based on the ordinary negligence of the released parties.

I understand that this Agreement does not release liability that cannot legally be released, including liability for gross negligence, reckless conduct, intentional misconduct, or other conduct excluded by applicable law.

3. Indemnification

I agree to defend, indemnify, and hold harmless the released parties from claims, expenses, damages, attorney fees, and liabilities arising from:

1. My participation or conduct;
2. My violation of Club rules or this Agreement;
3. Injury or property damage caused by me; or
4. Claims brought by my guests, family members, representatives, or anyone acting on my behalf.

4. Medical Treatment
I represent that I am physically able to participate or have obtained appropriate medical advice. I authorize the Club and its personnel to obtain emergency medical assistance for me if reasonably necessary. I understand that I am responsible for all medical, transportation, and related expenses. I’m responsible to obtain my own health insurance and I will follow up with my primary physician for any medical issues including a clearance to play sports like tennis.

5. Rules and Facility Conditions
I agree to follow all Club rules, safety instructions, posted notices, and directions from Club personnel. I will inspect the premises and equipment before use and will immediately report unsafe conditions or injuries. The Club may suspend or terminate my participation without refund for unsafe, disruptive, abusive, or rule-violating conduct.

6. Personal Property
The Club is not responsible for lost, stolen, or damaged personal property, including racquets, clothing, electronic devices, vehicles, or other belongings, except to the extent liability cannot legally be excluded. I’m responsible for protecting my belongings.

7. Dispute Resolution
To the extent permitted by law, disputes arising from this Agreement shall be governed by the laws of Texas State and brought exclusively in the courts located in Smith County. If permitted and separately approved by counsel, the parties may instead agree to binding arbitration.

8. Severability and Duration
If any provision is found invalid or unenforceable, the remaining provisions will remain effective, and the invalid provision will be enforced to the maximum extent permitted by law. This Agreement applies to all visits, activities, memberships, lessons, leagues, events, and facility use unless revoked in writing and accepted by the Club. The release and indemnity provisions survive my participation and departure from the Club.

9. Acknowledgment
I have read this Agreement carefully, understand that it limits important legal rights, and sign it voluntarily. I understand that I may consult an attorney before signing. I am not relying on any statement or promise not written in this Agreement.

**Participant Signature:** ______________________________
**Printed Name:** _____________________________________
**Date:** ____________________________________________


For Participants Under 18
I am the parent or legal guardian of the minor named above. I consent to the minor’s participation, acknowledge the risks, and agree to the release, waiver, and indemnification provisions on behalf of myself and, to the fullest extent permitted by law, the minor.

**Parent/Guardian Signature:** __________________________
**Printed Name:** _____________________________________
**Relationship:** _____________________________________
**Date:** __________________________________________