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Sept 5, 2021
RentMyCourt, LLC ™
RentMyCourt, LLC (“RMC”, “We”, Us” or the “Company”) acts as a platform (the “Platform”) for “Users” of this Website: including the player(s) on the court to be rented ("Players") and the owner of the court to be rented (“Court Owners” or "Owners") (Owners and Players, each a "User" and together, "Users"). The Platform will allow Users to view and post available courts (“Courts”) to facilitate the rental of such Courts. If you are using the Platform on behalf of a corporation or other legal entity, "you" includes said entity, and the User is warranting that he or she has the rights to bind said entity.
1. RMC not a Party. RMC is not a party to any actual agreement or transaction between Players and Owners even though we provide the tools that relate to a Booking, such as a tool to enable a Player to enter into a transaction to rent a specific Court directly from an Owner and payment services to facilitate the Booking. As a result, RMC has no control over the accuracy or correctness of the content or information provided or used by such Players and Owners. Any part of an actual or potential transaction between a Player and an Owner, including the condition, quality, safety or legality of the Courts advertised, the truth or accuracy of the Listings (including the content thereof or any review related thereto), the ability of Owners to rent a Court to a Player, or the ability of Players to pay to use a Court are solely the responsibility of each User. Owner acknowledges and agrees that Owner is solely responsible for the compliance and safety of the Player(s) who rent Owner’s Court(s). Court Owner will be made well aware of all the repercussions that may happen to their account or their funds should they conceal information regarding their Court or not provide accurate and truthful statements and descriptions regarding their Court and premises.
2. Modifications of Terms. RMC reserves the right, at its discretion, to change, modify, add or remove any of these Terms, in whole or in part, at any time. Please check this Website and these Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
3. Acceptance of Terms. You accept these Terms by: (i) clicking to accept or agree to these Terms, where this option is made available to you by RMC in the User interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that RMC treats your use of the Services as acceptance of these Terms from that point onward.
5. Accuracy of Data. You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. RMC is not responsible for the condition of any Courts listed on the Website or the compliance with laws, rules or regulations that may be applicable to Court operation, maintenance, rental in any jurisdiction.
6. Compliance with Laws. As between RMC and Owners, Owner acknowledges and agrees that Owner is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to Court operation, maintenance, or rental in the jurisdiction in which Owner resides or is otherwise located. Players should satisfy themselves that any Court rented complies with any legal or safety requirements for such rental, and Players and Owners have exclusive responsibility for such compliance. Without limiting the foregoing, Owners and Players are solely responsible for their own compliance with any legal and/or safety requirements in place in your applicable jurisdiction in light of applicable health and/or travel advisories. Owners are responsible for determining if renting a Court is permissible and, if so, for providing their Court in sanitary and tidy condition for Players. Players are responsible for leaving the Court clean, and substantially in the same condition it was in at the commencement of their Booking period.
7. Release and Indemnity. By accepting these Terms, the Player and Court Owner hereby agree to release, discharge, covenant not to sue and indemnify RMC and its owners, managers and representatives (all hereinafter collectively referred to as “Releasees”), from all liability to them, their personal representatives, assigns, heirs, family and next of kin, for any and all loss, damage, or injury and any claim or demands therefore on account of injury to their person or property, including injuries resulting in death, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, in any way arising out of or as a result of Player use of the Owner’s facilities or participation in any activity thereon.
8. Insurance – RMC has General Liability Insurance and Cyber Insurance. RMC does not act as a broker, agent or consultant in the sale of insurance at this time, but reserves the right to do so in the future. RMC recommends that all Owners review their insurance coverage prior to Listing, as some policies may exclude coverage for any rental activity.
9. Unsolicited Ideas and Feedback. From time to time, Users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) we may use or redistribute any such submission and its contents for any purpose and in any way without any compensation to you; (2) there is no obligation for us to review any submission; and (3) there is no obligation to keep any submission confidential.
10. No Spam, Spyware, or Spoofing. We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate these Terms.
11. Termination. RMC may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's use of all or any portion of the Services if you breach these Terms, or at any time or for any reason, at the sole discretion of RMC.
12. Non-Discrimination. RMC does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to the provision of our Booking services and all activities involving the same. We are committed to providing an inclusive and welcoming environment for all of our Players, Owners and staff. Users hereby agree that they shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.
13. Links to Third-Party Websites. RMC may contain links to other websites operated by parties other than RMC ("Third-Party Websites"). RMC's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
14. User Reviews. Players should leave a review on Court Owner’s Listing relating to the condition of the Court and their Booking experience. Court Owners will also be allowed to leave a review relating to player conduct on the Player’s Profile.
16. Safekeeping of User name and Password. Please keep in mind that we will treat anyone who uses your User name and password as "you." We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your User name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your User name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
17. Cancellations for Inclement Weather. In certain circumstances, such as rain, thunder, lightning, hail, tornado, or other inclement weather posing danger to the safety of Players/Renters, Court Owners and Players should mutually cancel and reschedule a Booking. Neither Owner nor RMC will collect a fee for any rescheduling by mutual consent. If the Owner and Player cannot mutually reschedule the Booking within one (1) week of the original Booking, RMC shall, upon proper notice by both the Player and Owner, cause the Owner to refund its Booking Fee. RMC shall not refund its Transaction Fee.
18. Force Majeure. RMC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19. Property damage claims. If an Owner claims that a Player damaged a Court during a Booking (a “Damage Claim”), the Owner may seek payment for a Damage Claim from the Player through the RMC Platform. The Player will be given notice and an opportunity to respond. RMC reserves the right to collect payment from a Player in situations in which RMC has determined, in its sole discretion, that a Player has damaged a Court or other property. The Owner agrees to cooperate in good faith, provide any information RMC requests, execute documents, and take further reasonable action, in connection with Damage Claims. In some instances, the Owner may seek the recovery of property damages through the Owner’s own insurance company.
20. Separate Agreement. Users acknowledge and agree the acceptance by Owner of a Booking request from the Player shall be deemed to be a separate agreement between those parties. RMC shall not be a party to said Separate Agreement. Owner will list their rules and individual Court regulations under the Listing, which shall become part of the Separate Agreement.
II. Fees and Payments
1. Hold on Player Credit Card. At such time as Player and Owner agree on Booking, RMC shall place a hold on Player’s credit card in the amount of One Hundred and Four (104%) of the Booking Fee listed on the Listing. For avoidance of doubt, if the Booking Fee is Fifty ($50) Dollars, the hold shall be for Fifty-Two ($52) Dollars. This total amount shall be referred to herein as the “Player Remittance.”
2. Player Credit Card Charge. At the time exactly Forty-Eight (48) hours prior to the agreed upon Booking, the Player Remittance shall be charged against the Player credit card. In the event that the charge is denied, the Booking shall fail and be removed from the Platform. For avoidance of doubt, if the Booking is scheduled for Wednesday at 1pm, the Player Remittance shall be charged on the prior Monday at 1pm.
3. Cancellations Before Forty-Eight (48) Hours. Either User may cancel the Booking before the Player Remittance is charged and collected. The Booking shall be cancelled and removed from the Platform.
4. Cancellation by Player within Forty-Eight (48) Hours. In the event that the Player cancels the Booking within Forty-Eight (48) hours, or if the Booking is made to be used in less than Forty-Eight (48) hours, the Player shall forfeit the Player Remittance. RMC shall NOT be obligated to refund the Player Remittance. Provided, however, that Player and Owner shall have the right (but, in the Owner’s case, not the obligation) to reschedule the Booking at a mutually agreed upon time, in which case there will be no change to the Player Remittance.
5. Cancellation by Owner within Forty-Eight (48) Hours. In the event that the Owner cancels the Booking within Forty-Eight (48) hours, the Owner shall forfeit the Owner Remittance (as defined below), the RMC Player Fee (as defined below) and the Processor Service Charge (as defined below), and hereby consents to RMC recouping those amounts from Owner through RMC’s payment processor. RMC shall then refund the Player Remittance. Provided, however, that Player and Owner shall have the right (but, in the Player’s case, not the obligation) to reschedule the Booking at a mutually agreed upon time, in which case there will be no change to the Player Remittance.
6. RMC Player Fee. We charge a service fee (the “RMC Player Fee”) of four (4%) percent of the total rental (i.e., the Booking and any additional expenses) for facilitating the rental and this amount will be reflected in the final amount charged to Player's credit card. RMC reserves the right to adjust its RMC Player Fee at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of Booking). For avoidance of doubt, if the Booking Fee is Fifty ($50) Dollars, the RMC Player Fee is Two ($2) Dollars. The Booking Fee and the RMC Player Fee shall equal the Player Remittance.
7. RMC Owner Commission. We charge a commission (the “RMC Owner Commission”) of Fourteen (14%) percent of the total rental (i.e., the Booking and any additional expenses) for facilitating the rental and this amount will be deducted from the final amount paid to Owner for the Booking (the “Owner Net Payment”). RMC reserves the right to adjust its RMC Owner Commission at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of Booking). For avoidance of doubt, if the Booking Fee is Fifty ($50) Dollars, the RMC Player Commission is Seven ($7) Dollars. In that scenario, the Owner Net Payment shall equal Forty- Three ($43) Dollars.
8. Payment of Owner Net Payment. The Owner Net Payment shall be paid by RMC’s processing company (the “Processing Company”), to the financial institution listed on Owner’s registration, in accordance with the internal processes of the Processing Company.
9. Processing Service Charge. The Processing Service Charge is the actual amount charged by the Processing Company to process the Player Remittance and any reversals or charge backs. RMC shall be solely responsible to pay the Processing Service Charge, unless the Booking is canceled, in which case the Processing Service Charge shall be payable as set forth above.
FOR EXAMPLE, ONLY
Booking Fee - $100
Player Remittance - $104
Owner Net Payment - $86
RMC Player Fee - $4
RMC Owner Commission - $14
III. Owner Listing Agreement/Additional Terms
1. Contracting with Players. When you accept a Booking request, or receive a Booking confirmation through the RMC Platform, you (and references to “you” or “your” in the section shall be to the Owner) are entering into a contract directly with the Player, and are responsible for delivering your Court under these Terms and at the price specified in your Listing.
2. Creating and Managing Your Listing. Your Listing must include complete and accurate information about your Court, your price, any rules or requirements that apply to your Players or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You may only maintain one Listing on your page.
3. Court Listing Approval. Your Court Listing will not go live until RMC approves it and verifies all fields and full description is filled out. Typically, Courts will be approved between 24-48 hours after review. Before any player can rent your Court, you will need to connect your bank account to the STRIPE SYTEM. Once you have verified this and confirmed details, Players will be able to view your Court Listing. Any false information posted on your Listing could result in losing privileges to using the RMC Platform.
4. Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Court. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe all details as clear as possible. When Player is approved by the Court Owner, Owner must disclose full address with important instructions and any details necessary on how to access the Court.
5. Insurance. You acknowledge that RMC does not act as an insurer. You agree that you will not look to any RMC insurance policy for any loss you experience due to any Booking. You further acknowledge that RMC has advised me to review my own insurance policies for any potential denials of coverage due to my rental of the Court.
6. Taxes. The Booking fee and any additional expenses may be subject to applicable local, federal and state taxes. As a Court Owner you are responsible for determining and fulfilling your obligations under Applicable Law to report, collect, remit, and include in your Listing all applicable Taxes. In some jurisdictions, Applicable Law may require that we collect or report tax information about you to appropriate entities, or withhold Taxes from payouts, or both. If you do not provide us with information that we determine to be sufficient to meet such requirements, we may withhold payouts up to the amount as required by Applicable Law until sufficient information is provided. You agree that RentMyCourt may issue on your behalf invoices or similar documentation for Taxes to facilitate accurate tax reporting by you or our Guests. RentMyCourt is not responsible for reporting, collecting, or remitting Taxes unless it is required to do so by Applicable Law.
7. Alcoholic Beverages. You are solely responsible for complying with Applicable Laws related to the consumption of alcoholic beverages at the Court. It is RMC’s policy that alcohol may NOT be consumed at the Court at any time. If you observe any Player consuming alcohol on or near the Court, you agree to immediately ask them to cease and desist, and to notify RMC of this breach of Player protocol.
8. Food and Non-Alcoholic Beverages. You will NOT offer or provide access to (i) prepared or homemade foods or (ii) food and beverages in glass containers. No glass containers are to be on the Court premises during a Booking.
9. Security and other Cameras. You will disclose any and all cameras that capture images on the Court (or the surrounding areas) on my Listing. You agree that any and all images of any Player shall not be used for my personal or any commercial purposes, and shall be deleted immediately after the Booking, unless you observe any Player acting in a manner not consistent with the Booking (including, without limitation, causing any property damage, injuring another person, lewd behavior, or perpetrating any criminal act). In such event, you agree to turn over said images to RMC and/or the local authorities immediately upon my review of the same.
10. On-Site Amenities. You may provide access for the use of additional amenities on the property (for example, a restroom, changing room) so long as you list the availability and price list on my Listing. Unsafe activities or equipment, including but not limited to trampolines, bounce houses, rope swings, and swing and playground sets may not be offered to, or used by, a Player. You hereby represent and warrant that you will not offer the use of any pool or sauna to any Player. You hereby specifically indemnify and agree to hold RMC harmless for any and all loss suffered by RMC due to the breach of this section.
11. Pets. You agree to ensure that all pets are kept separate and away from Players at all times during a Booking.
12. Lost and Found. Should any Player leave any item on Owner’s Court, Owner agrees to notify RMC in a timely manner, and allow the Player to retrieve said item as to be arranged through the RMC Platform.
13. Disclaimer of Warranties. RMC provides the Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example, but not limited to: (i) RMC does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Player, Owner, Court, Listing, or third party, (ii) there is no warranty of the performance or non-interruption of the RMC Platform, and (iii) there is no warranty that verification, identity or background checks conducted on Listings or Players (if any) will identify past misconduct or prevent future misconduct. Any references to a Player or Listing being "verified" (or similar language) indicate only that the Player or Listing or RMC has completed a relevant verification or identification process and nothing else. The disclaimers in this Listing Agreement shall apply to the maximum extent permitted by law. If Owner has any statutory rights or warranties that cannot be disclaimed, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
14. NO LIABILITY; BACKGROUND CHECKS. YOU HEREBY CONSENT TO RMC RUNNING A BACKGROUND CHECK ON YOU FOR PURPOSES OF PROVIDING A SAFE ENVIRONMENT FOR THE PLAYERS. YOU UNDERSTAND THAT RMC MAY, BUT IS NOT REQUIRED TO, RUN A THIRD-PARTY BACKGROUND CHECK ON THE PLAYERS FOR THE PURPOSES OF MY PROTECTION. YOU UNDERSTAND THAT ANY SUCH BACKGROUND CHECK CANNOT, BY ITS NATURE, BE COMPLETE, AND AGREE TO HOLD RMC HARMLESS FROM ANY AND ALL LOSS EXPERIENCED BY YOU (INCLUDING WITHOUT LIMITATION ANY PROPERTY LOSS OR BODILY HARM) DUE TO ANY ACTION OR INACTION OF ANY PLAYER, REGARDLESS IF A BACKGROUND CHECK WAS PERFORMED.
15. LIMITATIONS ON LIABILITY. NEITHER RMC (INCLUDING ITS MEMBERS, AFFILIATES AND EMPLOYEES) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE RMC PLATFORM OR ANY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THIS LISTING AGREEMENT, (II) THE USE OF OR INABILITY TO USE THE RMC PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS I MAY HAVE WITH SOMEONE THROUGH, OR AS A RESULT OF, MY USE OF THE RMC PLATFORM, OR (IV) PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF A COURT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RMC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THIS LISTING AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16. Force Majeure. RMC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17. Property damage claims. If a Player damages a Court during a Booking (a “Damage Claim”), you may seek payment for a Damage Claim from the Player through the RMC Platform. The Player will be given notice and an opportunity to respond. RMC reserves the right to collect payment from a Player in situations in which RMC has determined, in its sole discretion, that a Player has damaged a Court or other property. You agree to cooperate in good faith, provide any information RMC requests, execute documents, and take further reasonable action, in connection with Damage Claims. In some instances, You may seek the recovery of property damages through my own insurance company.
18. Severability. If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.
19. Applicable Law. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of Massachusetts without giving effect to any law, rule, provision, principal, or procedure (including conflict of law principle, provision, rule, procedure, or law) that would cause the application of the laws, rules, provisions, principals, or procedures of any jurisdiction other than the State of Massachusetts.
20. No Class Action. You agree that you will NOT join any class action lawsuit, either as the class representative or as a class member, brought against RMC. You agree that any dispute you may have with RMC shall only be resolved as provided below.
21. Jurisdiction/No Jury Trial. Except as otherwise expressly set forth herein, the Parties agree that any dispute, controversy or claim with respect to all actions brought under this Agreement, shall be subjected to, and resolved by, binding arbitration. The arbitration shall be conducted in Boston, Massachusetts. Any arbitration proceeding shall be conducted in accordance with the Judicial Arbitration and Mediation Services Rules and Procedures (the “JAMS Rules”), which can be found at http://www.jamsadr.com. Unless otherwise agreed to by the Parties in writing, the arbitration shall be conducted by one (1) arbitrator, mutually selected by me and RMC, who is a member of the JAMS. Any claims received after the applicable/relevant statute of limitations period has passed shall be deemed null and void. The award of the arbitrator shall be a reasoned award with findings of fact and conclusions of law. Any Party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, to enforce an arbitration award, and to vacate an arbitration award; however, in actions seeking to vacate an award, the standard of review to be applied by such court to the arbitrator’s findings of fact and conclusions of law will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. Each Party will pay its own attorneys’ fees and other costs incurred by their respective attorneys, and shall share the costs of arbitration. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER OR RELATING TO THIS LISTING AGREEMENT.
22. Accepting requests. Court Owner must accept any Booking request within three (3) days, or the request will be cancelled.
23. Cancelation Policy & Reject Booking. Court Owner has the right to reject the Booking request for any, or no reason at all. Provided, however, that the repeated failure to accept Bookings may have a negative impact on Owner’s ranking on the RMC Platform. If Court Owner cancels a Booking, other than for Inclement Weather, Owner hereby authorizes RMC to reverse any payment made to the Owner for the Booking. Repeated cancellations may have a negative impact on Owner’s ranking on the RMC Platform, and may lead to a suspension of the Owner from the RMC Platform.
24. Court Signage & Rules The Court Owner must have signage on the entrance of the Court with rules, emergency cell number, information on closest hospital, address of Court and any other important information.
IV. Additional Player Terms
1. Player Profile. Player must fill out their profile on RMC before Booking in order for there to be transparency to both RMC and Court Owner. Players must also message with Court Owner and reveal if this is a tennis lesson and names and how many people are on the Court. The maximum players that can be on the Court at any time is 5: one (1) teaching pro and four (4) players. Failure to mention correct amount of people can result in restrictions on the account or suspension.
2. Establishing a Payment Account. As a Player, you are responsible for opening an account, providing payment authorizations for Bookings and paying for Services according to these Terms, as well as others which may be included at the time of Booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a Booking will be made by as RMC directly to the Owner who posted the Listing.
4. Player Conduct: Player must not enter in any other part of the Owner’s property that is not a direct path to the Court, without the express prior consent of the Owner.
5. Players Responsibility Regarding Condition of Court. Players are responsible for leaving the Court in the same condition it was in before you accessed it. Players acknowledge and agree that they are responsible for all acts and omissions of you and your Players on the Court that affect the condition of the Court. In the event an Owner claims and provides evidence of damage to a Court, you agree that RMC will open a case with cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by an Owner related to your rental and you will have an opportunity to respond, as set forth in such notice.
6. FITNESS FOR ACTIVITY AND HEALTH INSURANCE. Player(s) warrant that they’re physically fit and in a condition that will allow them to participate fully in the Activity. Player(s) maintain medical insurance that covers for accidents and illnesses while participating in the activity. Player (s) understand that neither RMC nor the Owner has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and that RMC and the Owner are relying on my warranty of my physical condition. Player(s) will assume full responsibility for payment of medical expenses not covered by their health insurance incurred as a result of their participation in the Activity.
7. Liability Release & Waiver for Players. By accepting these Terms, the Player accepts to release, discharge, covenant not to sue and indemnify RMC and the Court Owner and their heirs and representatives (all hereinafter collectively referred to as “Releases”), from all liability to them, their personal representatives, assigns, heirs, family and next of kin, for any and all loss, damage, or injury and any claim or demands therefore on account of injury to their person or property, including injuries resulting in death, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, in any way arising out of or as a result of my use of the Owner’s facilities or participation in tennis, any other racquet activities, like pickleball including basketball.
8. Assumption of Risk. THE PLAYER EXPRESSLY ASSUMES FULL RESPONSIBILITY FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE caused by the negligence of the Releasees, any third-parties or otherwise while using Owner’s facilities or participant in any way in tennis, pickleball, any other racquet activities, and basketball. They expressly acknowledge and agree and understand the nature of tennis activities and by accepting these Terms and renting the Court, the Player and their players agree they are all qualified, in good health and in proper physical condition to participate in those activities. Player must further agree and warrant that if at any time they believe conditions to be unsafe they will immediately discontinue further participation in the activity or use of the Owner’s facilities. They expressly acknowledge and agree that my use of the facilities and participation in activities, including but not limited to tennis, involves risks and dangers of serious bodily injury, including permanent disability, paralysis and death. Player further expressly agrees that this Liability Release and Waiver is intended to be as broad and as inclusive as permitted by all states, and that if any portion is held invalid, it is agreed that the balance shall continue in full force and effect.
9. Conditions of Use. As a condition of your use of the Services, you expressly represent and warrant that (i) if you will be playing on a Court, you are responsible for ensuring that you are in sufficient health and understand the game of tennis, paddle, pickleball, racquetball, basketball and Court rules. ; (i) you will use this Website in accordance with these Terms; (ii) you will only use this Website to post or view, as applicable, available Courts or transact legitimate Court rentals for you or for another person for whom you are legally authorized to act with other Users; (iii) you will inform such other persons about these Terms and conditions that apply to the Court rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (iv) you are responsible for ensuring that all other persons who use your Booking on the Court adheres to all of these Terms and the rules and regulations set forth in the Listing – You will be personally responsible for any breach by any other person who uses your Booking; (v) all information supplied by you to RMC is true, accurate, current and complete, (vi) if you have a RMC account, you will safeguard your account information, (vii) you are and will remain in compliance with all applicable laws, rules and regulations related to Court rental, maintenance, rental, and (viii) if you are Listing a Court for rent, you are either (a) the Owner of the Court, or (b) a representative authorized to act on behalf of the Owner of the Court. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Without limiting the foregoing, the Services are not available to children (persons under the age of 18 without an adult present). By using the Services, you represent and warrant that you are at least 18 years old. RMC retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms.
10. Identity Verification. User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Player's purported identity. Notwithstanding the foregoing, you agree that you will provide Us or the Court Owner with whom you book a rental whatever proof of identity we may reasonably request. This may come in a form of an email from RMC or from the Processing Company.
11. Separate Agreements. Users acknowledge and agree the acceptance by Owner of a Booking request from the Player is a separate agreement between those parties. RMC shall not be a party to said Separate Agreement. Owner will list their rules and individual Court regulations under the Listing, which shall become part of the Separate Agreement.
V. COVID-19 ADDENDUM
Player(s) agrees that participation in tennis includes possible exposure to and illness from infectious diseases, including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
THE PLAYER AGREES TO ABIDE BY THE FOLLOWING RULES WHEN PLAYING AT THE COURT:
1) All local and state guidelines regarding COVID-19 restrictions must be followed.
2) Physical (Social) Distancing Precautions: maintain a minimum distance of 6 feet with other people unless they live in the same household. Avoid all physical contact and shaking hands.
3) No Player is to participate at the Court if they are ill, experiencing respiratory symptoms or have travelled outside of the United States in the past 14 days. Any person exhibiting respiratory symptoms at the Court must leave immediately.
4) Any area, other than the Court, will be off limits to the Players.
5) All persons are required to leave the Court immediately after they finish playing.
6) All Players should bring their own equipment to play with, like Tennis racquet and balls.
7) Players must not allow entry onto the Courts to any other persons that is not mentioned in the Booking request.
8) Whatever the Player brings to the Court must be taken with them when they leave.
Sept 18, 2021
Use of personal details (purpose of register) Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
Not Selling Your Data: The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
The following information may be stored in the register:
● Personal details: Name, email address, phone number, street address
● Account details: username, password (stored in encrypted format)
● The description text that the user may write about him/herself
● The offers and requests the user has posted to the service
● The given and received feedback and badges
● Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information - Personal details are given by the user on registration to the service or when using it later.
Advertising - We have the right to use any photo you upload on RentMyCourt for advertising purposes only, through social media, blogs and articles. We will do our best to alert you ahead of time and you may choose a different image that is suitable, or reject the request. We will never share your address in advertising, just photos and city location. We also reserve the right to email you with advertisements from third-party marketers that are relevant to your use of the Website. Any information we pass on to said third-party marketers will be anonymous, for purposes of determining the relevance of your data. In the event that we do send you third-party advertisements, we will provide you with a means to opt-out.
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.
Information You Provide to Facebook and other Social Networking Websites.
User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Website from time to time. We will share your feedback with your first name only. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
Users. Only after renter is approved and has paid, will the owner's name be displayed. Address will only be shared by the Court Owner once they private message the player.
Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Website; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to RentMyCourt.
Public Profile. Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, most of the Personal Data you explicitly provide to us when you register or update your Profile is displayed on your Profile. In order for your Profile to be made public, you must go to your profile settings and then his publish. By default, your Profile is not for public viewing. Your photos, posts, friends, and other content you post to the Website are also meant for public consumption. We may display this content on the Website and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Data in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Website, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
Your Choices Regarding Information. You have several choices regarding the use of information on our Service:
Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
Changing or Deleting Your Personal Data. All users may review, update, or correct the Personal Data in their user account (including any imported contacts) by editing within the system or by submitting a request at firstname.lastname@example.org. You may delete your personal data and account by submitting a request at email@example.com. If you completely delete all of your Personal Data, then your user account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
Security of Credit Card. For online payments, we use the payment services of Stripe, Inc. (https://stripe.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://stripe.com/us/privacy.