Terms of Service

1. Acceptance of Terms

Welcome to The Pickl Park. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and The Pickl Park ("we," "us," "our," or "Company"), located at 355 Ballenger Center Dr, Frederick, MD 21703. These Terms govern your access to and use of our website at www.thepicklpark.com (the "Site"), our mobile applications, and our physical facility (collectively, the "Services").

By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of our Services immediately. Your continued use of any Service following the posting of changes to these Terms constitutes your acceptance of those changes.

2. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page. We may also provide additional notice through email or a prominent notification on our Site, though we are not obligated to do so.

It is your responsibility to review these Terms periodically. Your continued use of our Services after any modifications indicates your acceptance of the revised Terms. If you do not agree with any updated Terms, your sole remedy is to discontinue using our Services.

3. Age Requirements

You must be at least eighteen (18) years of age to create an account on our Site or to enter into any agreement with The Pickl Park. By creating an account or purchasing any Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.

Individuals under 18 may use our facility only under the direct supervision of a parent or legal guardian who has accepted these Terms. The supervising adult assumes full responsibility for the minor's conduct and any associated liabilities while on the premises.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information and to keep this information updated at all times.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to accept responsibility for all activities that occur under your account, whether or not you have authorized such activities. You must notify us immediately at info@thepicklpark.com if you suspect any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at any time, with or without notice, for any conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

5. Intellectual Property

All content, materials, and features available on or through our Services — including but not limited to text, graphics, logos, icons, images, audio clips, video, data compilations, software, and the overall design and arrangement thereof — are the exclusive property of The Pickl Park or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Pickl Park name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Pickl Park. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials except as generally and ordinarily permitted through the Site according to these Terms.

6. Prohibited Uses

You agree not to use our Services for any purpose that is unlawful or prohibited by these Terms. Without limitation, you agree not to:

• Use our Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Services.
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Engage in any conduct that restricts or inhibits any other person from using or enjoying the Services, or which, as determined by us, may harm The Pickl Park or users of the Services.
• Use the Services to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including "junk mail," "chain letters," "spam," or any similar solicitation.
• Impersonate or attempt to impersonate The Pickl Park, a Company employee, another user, or any other person or entity.
• Use the Services for any illegal activity, including but not limited to fraud, harassment, stalking, or the distribution of obscene or unlawful materials.

7. Facility Usage Rules

When visiting The Pickl Park facility, you agree to comply with all posted rules, signage, and instructions from our staff. The following rules apply to all visitors and guests:

• Appropriate athletic footwear with non-marking soles is required on all courts. Open-toed shoes, sandals, and cleats are strictly prohibited on court surfaces.
• You are responsible for the conduct and safety of any guests you bring to the facility. All guests must comply with these Terms and any posted facility rules.
• The Pickl Park is not responsible for loss, theft, or damage to personal property brought onto the premises. You assume all risk regarding the security of your belongings.
• You must treat all facility equipment, surfaces, and furnishings with care. You may be held financially responsible for any damage caused by your negligent or intentional misuse of our property.
• Abusive, threatening, or disorderly behavior toward staff, other guests, or any person on the premises will not be tolerated and may result in immediate removal and permanent ban from the facility.
• Food and beverages are permitted only in designated areas. No food or open containers of liquid (other than water bottles with secure lids) are allowed on or near the courts.

Assumption of Risk: Pickleball and related physical activities involve inherent risks, including but not limited to muscle strains, sprains, fractures, joint injuries, cardiovascular events, and other physical harm. By entering our facility and participating in any physical activity, you voluntarily assume all risks of injury, illness, or death that may result from such participation. You acknowledge that you are in adequate physical condition to engage in physical activity and have not been advised against it by a medical professional. It is your responsibility to assess your own fitness level and to discontinue activity if you experience pain, discomfort, or any abnormal physical symptoms.

8. Video Surveillance and Recording

The Pickl Park facility is equipped with video surveillance cameras and recording systems for the purposes of security, safety, and operational management. By entering our facility, you acknowledge and consent to being recorded by our surveillance and camera systems.

We may also capture photographs, video, or audio recordings during events, programs, open play sessions, and other activities at the facility. These recordings may be used for promotional, marketing, educational, or operational purposes on our website, social media channels, and other marketing materials. By entering the facility, you grant The Pickl Park a perpetual, royalty-free, worldwide license to use your likeness in such recordings. If you do not wish to be photographed or recorded, please notify a staff member before entering any area where recording may occur.

9. Payment Terms

Certain Services offered by The Pickl Park require payment, including court reservations, memberships, lessons, event bookings, and merchandise purchases. By making a purchase, you agree to the following:

• All prices are listed in United States dollars and are subject to change without prior notice.
• You authorize us to charge the payment method you provide for the total amount of your purchase, including any applicable taxes and fees.
• We may place temporary authorization holds on your payment method at the time of booking. These holds may remain until the transaction is finalized or the reservation is completed.
• Membership fees are billed on a recurring basis according to the billing cycle you select. You may cancel your membership at any time, but cancellation will take effect at the end of your current billing period. No partial refunds will be issued for unused portions of a billing cycle.
• Court reservation cancellations made at least twenty-four (24) hours in advance of the scheduled time will receive a full refund or credit. Cancellations made less than 24 hours before the reserved time, or no-shows, are non-refundable.
• Private event deposits and fees are subject to the specific cancellation terms outlined in your event agreement.
• We reserve the right to refuse or cancel any transaction at our discretion, including in cases of suspected fraud, pricing errors, or unauthorized activity.

10. Website Security

You are prohibited from violating or attempting to violate the security of our Site or Services. Violations of system or network security may result in civil and criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Prohibited activities include but are not limited to:

• Accessing data not intended for you or logging onto a server or account that you are not authorized to access.
• Attempting to probe, scan, or test the vulnerability of any system or network, or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host, or network, including by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing."
• Sending unsolicited email or other communications, including promotions and advertising, through our systems.
• Forging any TCP/IP packet header or any part of the header information in any email or posting using our Services.
• Using automated tools, bots, crawlers, or scrapers to extract data or content from our Site without our express written consent.

11. User-Generated Content

Our Services may allow you to post, submit, publish, display, or transmit content, including reviews, comments, photographs, messages, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.

By submitting User Content to any part of our Services, you grant The Pickl Park a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform your User Content in connection with operating and providing our Services and in promoting the same, in any media formats and through any media channels now known or hereafter developed.

You represent and warrant that you own or control all rights in and to your User Content, that all of your User Content complies with these Terms, and that the use of your User Content does not violate these Terms or any applicable law and will not cause injury to any person or entity. You are solely responsible for your User Content and the consequences of posting or publishing it.

12. Content Standards

All User Content must comply with the following standards. User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person or entity.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
• Promote any illegal activity or advocate, promote, or assist any unlawful act.
• Involve commercial activities or sales, such as contests, sweepstakes, or other sales promotions, barter, or advertising without our prior written permission.
• Misrepresent your identity or affiliation with any person or organization, or give the impression that the content is endorsed by The Pickl Park or any other person or entity if that is not the case.

We reserve the right to remove or refuse to post any User Content for any or no reason at our sole discretion. We have the right but not the obligation to monitor and edit or remove any User Content.

13. DMCA / Copyright Infringement

We respect the intellectual property rights of others. If you believe that any content available through our Services infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing to our designated copyright agent:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Site, with sufficient detail to enable us to locate it.
4. Your contact information, including your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send all DMCA notifications to: info@thepicklpark.com, with the subject line "DMCA Notice."

14. Third-Party Links

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by The Pickl Park. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

The inclusion of any link does not imply endorsement, approval, or affiliation by The Pickl Park. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party sites that you visit.

15. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using our Services, you consent to the collection and use of information as described in our Privacy Policy.

16. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PICKL PARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION PROVIDED THROUGH OUR SERVICES IS ACCURATE, RELIABLE, OR COMPLETE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON OUR SITE OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITE. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PICKL PARK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Services;
• Any conduct or content of any third party on or related to the Services;
• Any content obtained from the Services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Personal injury or property damage of any nature resulting from your access to and use of our facility.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO THE PICKL PARK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless The Pickl Park, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Services, including any data or content transmitted or received by you;
• Any User Content you submit, post, or transmit through the Services;
• Your violation of any law, rule, or regulation, or the rights of any third party;
• Any injury or damage to persons or property occurring at our facility that is caused by your actions or negligence.

19. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Services that is not subject to the arbitration provision below shall be instituted exclusively in the federal courts of the United States located in the District of Maryland or the courts of the State of Maryland located in Frederick County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Dispute Resolution

Informal Resolution: Before filing any formal claim, you agree to first contact us at info@thepicklpark.com and attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within thirty (30) days of receiving your written notice.

Binding Arbitration: If the parties are unable to resolve a dispute through informal negotiations within thirty (30) days, either party may elect to have the dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration shall be conducted by a single arbitrator.

The arbitration shall take place in Frederick County, Maryland, unless you and The Pickl Park mutually agree to an alternative location. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND THE PICKL PARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services.

21. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This limitation applies to all claims, whether based in contract, tort, statute, or any other legal theory.

22. Waiver and Severability

Waiver: No waiver by The Pickl Park of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by The Pickl Park to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and The Pickl Park with respect to your use of our Services. These Terms supersede and replace any prior agreements, understandings, or representations, whether written or oral, between you and The Pickl Park regarding the subject matter hereof.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Headings used in these Terms are for convenience only and shall not affect the interpretation of any provision.

24. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

The Pickl Park
355 Ballenger Center Dr
Frederick, MD 21703
Email: info@thepicklpark.com
Website: www.thepicklpark.com