These Terms and Conditions are incorporated into all contracts, licenses and uses of the Sports Complex, and apply to all participants, users,
vendors, trainers, medical personal, andcontractors, and all activities and Events on or in the Sports Complex, and in any addendum or attachments, and is incorporated into all other documents governing Participant’s use of or access to the Sports Complex including Rules.
Definitions:
“Sports Complex” and “Facility Operator” refers to ULETE, LLC facilities located at 2308 Dean Way, Southlake, Texas.
“Owner” is JMDJMD, LLC.
“Participant(s)” is anyone entering the Sports Complex regardless of age.
“Event” is any training, team, league, tournament, game, match, practice, camp, clinic, showcase, rehabilitation, therapy, or any other activity or event at the Sports Complex, regardless of the number of Participants.
“Released Parties” is ULETE, LLC and all of its officers, employees, contractors, trainers, staff, officials, guests, Owner and other Participants.
“Date(s) of Use” and “Use” is any hold, reserved, scheduled, booked and paid for calendar date(s) requested by or for Participant.
“Service Fees” are fees paid by/for Participant.
“Authorized Uses” is Facility use as agreed to by Facility Operator.
The Facility Operator (“We” or “Us” or “Our”) hereby grants to Participant and Participant’s Guests a limited, but revocable license (the “License”) to use those Facilities in the Sports Complex which are applicable to activities or Event made available by Us to Participant (the “Facilities”). The License permits Participant to use only the Facilities applicable to the Event, only on Dates of Use during the normal operating hours, and only for the Authorized Uses determined by Us.
We will provide only those Facility Services requested by Participant, approved by Us, and for which payment has been received.
The Facilities will be made available for Authorized Use on the Dates and Hours of Use. Normal operating hours are posted on the Facility Website and at the main entrance. Each Participant and all Guests must completely vacate all Facilities by the agreed Dates and Hours of Use, or by close of business on Use or Event days, whichever comes first, to avoid Holdover Charges.
Participant shall pay all Facility and Services Fees as billed/invoiced by Us, and prior to the first Date of Use. We shall have no obligations under any Agreement until all Fees are paid in full, and receipt of Damage Deposit, if applicable.
Participant may cancel 60 days or more before the first date of the Dates of Use and will be refunded Participant’s Balance Due, but will forfeit the non-refundable Down Payment which will be retained by Us as compensation for removing reservation dates, and to cover our loss of profit.
If Participant occupies or uses any of the Sports Complex or Facility after expiration of the agreed Dates and Hours of Use, or beyond normal Facility hours of Use, then Participant agrees to pay additional charges at 1.5 times the highest hourly rate accrued in 15 minute intervals as determined by Facility Operator until the Facilities have been completely vacated by Participant and all of Participant’s Guests.
Participant is authorized pursuant to the License to use the Facilities for the Authorized Uses, and for no other purpose. Participant will cause Participant’s Guests to comply at all times with the permitted uses.
Subject to Facility Operator approval, Participant may invite a limited number of trainers, medical personnel, media, and others to the Sports Complex; and for Events involving competition, including league play, Participants may be permitted to invite parents and others guests to attend and observe (all invitees are “Participant’s Guests”). All of Participant’s Guests are subject to the same restrictions and limitations as Participant in connection with permitted and prohibited conduct within or on the Sports Complex. Participant’s Guests are not permitted to engage in competition, training or otherwise use the Event Facilities, except for the sole purpose of observation of Participants. Participant shall be solely responsible for the conduct of all Participant’s Guests, and shall be liable in damages for any harm, injury or damage caused, in whole or in part by any Guest. Participant shall have a duty to inform all Guests of the Rules and requirements governing Guest access to the Facility.
Participant and all of Participant’s Guests and all other participants are required to follow the current Rules of the Facility, and obey all warning signs and instructions concerning use of the Facility and its machinery. A copy of the current Rules is posted on Our website and are either posted around the Facilities or are located at the front desk and entrances. Participant, Participant’s Guests and other participants must follow the instructions of Facility personnel and Event Staff when given, including instructions to cease any activity, leave or vacate certain areas, or other instructions. Instructions are for the safety of all occupants in the Facility. Failure to comply with, honor and abide by the Rules, instructions and signs will constitute grounds for ejection from the Facility and termination of the limited License for use.
During all uses of the Facilities, Participant and Participant’s Guests shall use, in a normal manner, all lavatories, sinks, toilets, and all other water and plumbing apparatus and only for the purposes for which they were constructed. Participant shall not allow sand, rags, rubbish or other substances to be thrown or deposited in bathroom facilities. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Participant.
Participant stipulates that the Facilities are in good order and repair, safe and clean, and in usable condition for Participant’s purposes. Facility Operator makes no guarantee, warranty, promise or representation to Participant or Participant’s Guests regarding the suitability of the Facilities for Participant’s intended use. Participant has inspected the Facilities and accepts the Facilities in “As-Is” condition. Facility Operator cannot and does not guarantee the functionality of all or any part of the Facilities or equipment on the Dates of Use. Facility Operator reserves the right to make upgrades, modifications and/or changes to the Facilities prior to the dates of use, rendering a different or changed appearance from the date of booking. Participant acknowledges and agrees that Participant shall leave the Facilities in the same or similar condition as when Participant entered the Facilities on the first Date of Use. Participant agrees and acknowledges that Participant shall be responsible for any damage caused during any Event, regardless of fault, beyond ordinary wear and tear. Should the Facilities or equipment be damaged during an Event, Participant acknowledges that Facility Operator shall have the exclusive right to repair or replace the damaged item(s) and to deduct the cost of repair or replacement, and all incurred expenses, from Participant’s Damage Deposit. We shall be entitled to arrange for repairs at Participant’s expense and Participant agrees to reimburse Us for any costs above and beyond that which is covered by the Damage Deposit within 7 days of receipt of written request.
Under no circumstance will Participant or Participant’s Guests do any of the following: no overnight sleeping, no firearms, no weapons, no smoking, no vaping, no overnight parking, no moving of equipment, golf carts or other vehicles, no moving walls or physical modifications to the building or Facilities, no illegal drugs or alcohol, no sound system speakers outside the building without written permission, no dogs, cats, pets or other animals without prior written permission, no food preparation, no open flames or fires. Participant and Participant’s Guests shall: not obstruct the driveways, sidewalks, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; not obstruct or cover the windows or doors; not leave windows or doors in an open position; not hang any item from any window, rail, porch or balcony; not cause or permit any locks or hooks to be placed upon any door or window; not make or permit any loud or improper noises, or otherwise disturb others; keep all radios, television sets, and sound equipment turned down to a level of sound that does not annoy or interfere with others; deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; Participant and Participant’s Guests must not bring or possess dangerous, flammable or explosive materials that might unreasonably increase the danger of fire or explosion on the Facilities or that might be considered hazardous; not alter or operate the Facility equipment.
This License is limited and revocable. If Facility Operator, in our sole discretion, have reason to believe that Participant or any of Participant’s Guests have violated the Terms and Conditions, pose a threat to themselves or others, or are violating any Rule, we have the absolute right to terminate Participant’s License, in whole or in part, at which point the Participant and/or Participant’s Guests will be deemed ‘trespassers.’
Participant and Participant’s Guests shall abide by all laws, rules and regulations while in the Facilities or at the Sports Complex. Participant shall obtain and maintain any necessary permits, licenses, or other forms of permission necessary to use the Facilities according to the permitted uses set forth by Us and in a lawful manner (such as medical or other license). Participant and Participant’s Guests shall not use the Facilities in any manner that would violate local, state or federal laws or regulations.
Facility Operator and Owner shall have the right to enter every part of the Sports Complex at any time for any reasonable purpose, including the enforcement of Rules or investigation of suspected violations, and any emergency that may threaten damage to the Facility, equipment, personal property, or injury to any person in or near the Sports Complex.
ASSUMPTION OF RISK. PARTICIPANT ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN AND/OR ATTENDING ANY EVENT, INCLUDING, WITHOUT LIMITATION, CONTACT WITH OTHER PARTICIPANTS OR WITH EQUIPMENT, and FALLS, WHICH MAY RESULT IN, WITHOUT LIMITATION, ABRAISIONS, BROKEN BONES, OVEREXERSION, STRAINED OR TORN MUSCLES OR LIGAMENTS, AND SERIOUS INJURY TO THE BODY OR PERSON, INCLUDING EFFECTS OF WEATHER AND THE CONDITION OF SURFACES. PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS RELATING TO OR INCIDENTAL TO ATTENDANCE AND/OR INVOLVEMENT IN THE EVENT AND ANY ACTIVITY ASSOCIATED THEREWITH.
PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE FACILITY OPERATOR and OWNER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, DEATH, BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE (COLLECTIVELY, THE “LOSSES”), ARISING OUT OF OR RELATING TO ATTENDING AND/OR INVOLVEMENT IN THE EVENT AND ALL ACTIVITIES ASSOCIATED THEREWITH, INCLUDING LOSSES CAUSED BY THE NEGLIGENCE, OR ALLEGED NEGLIGENCE, OF THE FACILITY OPERATOR AND OWNER.
INDEMNIFICATION. PARTICIPANT HEREBY INDEMNIFIES, DEFENDS AND HOLDS HARMLESS THE OWNER AND FACILITY OPERATOR FROM ANY DAMAGES, COSTS, EXPENSES, LAWSUITS, AND CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY DAMAGE TO ANY PROPERTY, THE FACILITIES OR EQUIPMENT USED IN THE SPORTS COMPLLEX, OR ANY INJURY TO ANY PERSON (INCLUDING DEATH) CAUSED BY OR DURING PARTICIPANT’S USE OF THE FACILITIES, INCLUDING ANY ACTS OR OMISSIONS ON THE PART OF PARTICIPANT OR PARTICIPANT’S GUESTS, REGARDLESS OF WHETHER THE FACILITY OPERATOR OR OWNER IS NEGLIGENT, IN WHOLE OR IN PART, OR GROSSLY NEGLIGENT.
NO DRUGS, ALOCOHOL, TOBACCO. PARTICIPANT AND PARTICIPANT’S GUESTS ARE PROHIBITED FROM BRINGING, POSSESSING, USING OR CONSUMING ALCOHOL, ILLICIT DRUGS, ANY TOBACCO OR CANABIS PRODUCTS, OR MEDICATIONS THAT IMPAIR PHYSICAL OR COGNITIVE ABILITIES, OR VAPING PRODUCTS. USE AND/OR POSSESSION OF ILLEGAL DRUGS AND/OR THE POSSESSION OR CONSUMPTION OF ALCOHOL BY MINORS ANYWHERE ON OR AROUND THE SPORTS COMPLEX IS STRICTLY PROHIBITED.
If the Facility Operator is unable, for any reasons beyond its control, to make the Facilities available to Participant on the Event Date and Hours or for the purposes as set forth in this Agreement, the Facility Operator will refund the entire deposit as Participant’s sole and exclusive remedy. If available, Facility Operator may allow Participant to select an available alternate date (to occur within 90 days of the original Use or Event Date) to hold the Use or Event (the “Alternate Use or Event Date”), and any deposit will carry over to the Alternative Use or Event Date. If Facility Operator and the Participant cannot agree upon an Alternate Use or Event Date, a refund of pre-paid amounts will be given, except for Damage Deposit which will be retained as a reasonable estimate of damages.
In NO EVENT shall Owner or Facility Operator be liable to Participant or Participant’s Guests for any additional costs or damages suffered by Participant arising out of a rescheduling or cancellation of the Event pursuant to this provision. Participant hereby waives, releases unto Owner and Us, and shall not be entitled to any and all damages. We and Participant expressly waive the right to claim consequential and exemplary damages. Notwithstanding any other provision, Participant’s damages against Us or the Owner cannot exceed the Facility Fee.
Facility Operator shall have the right to revoke the License at any time prior to the Event Date, provided it gives Participant prior written notice of revocation. If Facility Operator revokes the License prior to the Event Date for reasons other than nonpayment of the required Fees, an event beyond its control, or Participant’s breach of this contract, Participant shall be entitled only to a refund of any Fee actually paid by Participant. Facility Operator has the right to revoke the License to use if, in Our sole discretion, we believe that Participant or Guests are performing, allowing or condoning any illegal or Prohibited acts or conduct, or Facility Operator deems the Participant or Participant’s Guests to be acting in an unsocial, unsafe, or disorderly manner; provided, however, if Facility Operator terminates the License for any of these reasons, Facility Operator shall be entitled to keep all fees and deposits as a reasonable estimate of damages for Participant’s breach.
Participant may NOT assign or transfer Participant’s rights or obligations hereunder without the prior written consent from Facility Operator.
There is filming/recording taking place at the Sports Complex, and by entering, and by Participants presence, Participant irrevocably grants to Facility Operator the right to record and use Participant’s name, voice, image, sounds, conversations and likeness and to own, license, assign and/or use the same (and/or any portion thereof) for unrestricted production, advertising, publicity, commercials or other purposes, in all media now known or hereafter devised.
Participant will not receive any payment for such use and Participant waives any right to bring any action in law or equity against Facility Operator, its parent and related companies and their past, present and future officers, agents, representatives, employees, successors and assigns, for such use.
Participant understands that all photography, filming and/or recording will be done in reliance on this consent given by Participant entering the Sports Complex. If Participant does not agree to the foregoing and does not wish to participate, please stay out of the Sports Complex. Any failure to do so will be conclusively deemed a waiver of any and all claims for invasion of privacy, publicity, etc.
If any personal property is left or abandoned by Participant, Participant’s Guests, Participant is responsible for all storage costs, moving costs, towing costs among other costs and expenses, including attorney fees incurred in relation to such articles of property. Any item(s) left behind after the Event Date, will incur a minimum $50 moving fee and a storage fee between $10 and $100 per day determined by the inconvenience associated with the item. Facility Operator has the right to pay this fee out of the Damage Deposit, or by charging the credit card provided by Participant. After 10 days, the item(s) will be donated or sold to offset storage expense. Rental companies, if permitted by Facility Operator, may drop off rented equipment no earlier than the Event Date at the time specified and agreed to by Us. If a rental company damages any property, including trees, Participant shall be financially responsible for all damage. Only pre-approved vendors may enter the Sports Complex.
Participant agrees and acknowledges that the “ULETE” brand is trademarked. We are the exclusive owner of all right, title and interest in and to ULETE’s federal and state registered and common law marks which include various service marks, trademarks, trade names, membership marks, certification marks, logos, slogans, designs and all federal and state registrations and applications for registrations thereof, and to copyrights in and to promotional material and content (collectively “ULETE IP.”) Under no circumstance will the Participant ever become an owner or have any rights to any ULETE IP. Any use by Participant of ULETE IP must be pre-approved by Us, and will only be a limited license to use as agreed at the time in writing.
No indulgence or inaction by Facility Operator will be a waver, and shall not affect Participant’s duties and liabilities. These Terms and Conditions may not be modified, changed, or amended except through written amendment signed by Facility Operator.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
This Agreement is performable entirely in Tarrant County, Texas. Participant, each Guest, Facility Operator and Owner each agree to voluntarily and intentionally waive his/her/its right to a jury trial as to any dispute arising out of or related to these terms, and any act, error or omission connected with use of the Sports Complex.
