When you purchase an online membership from Pickleball Kitchen LLC (the “Provider”), you are acknowledging that you understand and agree to be legally bound by the terms and conditions of this Membership Agreement (the “Agreement”). You understand that the Provider is not an accredited educational institution and this pickleball training membership program is not recognized by academic accrediting agencies. You understand that no college credits are issued for participation in or completion of membership pickleball training.
1. License to Use Membership Materials
You are purchasing a nonexclusive nontransferable nonsublicensable revocable license to use the written, audio, and visual course pickleball training materials (the “Materials”) located at or streamed from membership area(s) at PickleballKitchen.com and other online locations designated by the Provider (individually and collectively, the “Membership Area”) during the term of your membership. This license expressly excludes all other Provider memberships, training courses, and their materials for which you have not paid separate membership or course fees.
You understand and agree the copyrights and trademarks for the Materials are owned solely by Pickleball Kitchen LLC, which has its principal place of business at 5830 Granite Parkway, Suite 100-210, Plano, Texas, 75024-6771 USA, and by purchasing a membership that includes this license, you do not acquire any intellectual property ownership of the Materials.
You agree to keep confidential the proprietary data and copyrighted information you receive in the Materials and agree not to publish, resell, distribute, or summarize them for others’ use in any way. You understand the Materials: (a) remain the sole and exclusive property of the Provider, which retains all rights thereto; (b) cannot not be resold by you or otherwise distributed with or without consideration; (c) will not be made available by you to any other person; (d) will not be reproduced or summarized in any manner; and (e) will be destroyed or returned to the Provider immediately upon demand should you violate any of these terms or conditions.
If the Provider requests destruction of the Materials upon termination of this Agreement for any reason, you agree to furnish the Provider with an Affidavit of Destruction in a form satisfactory to the Provider acknowledging your destruction of all Materials in your possession within seven (7) business days of the termination.If you violate the terms and conditions of this Agreement, the Provider may pursue civil and/or criminal prosecution against you.
The term of this license to use the Materials extends only as long as you remain a member in good standing and shall cease immediately upon the earlier of the termination of the membership program by the Provider, your cancellation of your membership within the first ninety-six (96) hours after you join as a member (the “Trial Period”) as provided for in this Agreement, the termination of your membership for nonpayment of the membership fees, or upon your violation of the terms or conditions of this Agreement.
You will not at any time during or after the effective term of this Agreement, dispute or contest, directly or indirectly, the Provider’s exclusive right and title to the Materials and/or the copyrights or the validity thereof. The Provider, however, makes no representation or warranty with respect to the validity of any trademark or copyright that may issue or be granted therefrom.
You acknowledge the Materials and the copyrights have acquired secondary meaning.
You agree your use of the Materials inures to the benefit of the Provider and you shall not acquire any rights in the Materials and/or the trademarks and copyrights.
Upon the expiration or termination of this license, you acknowledge all of your rights under this Agreement shall forthwith terminate and immediately revert to the Provider and you shall immediately discontinue all use of the Membership Area, the Materials, and the like at no cost whatsoever to the Provider.
You recognize the value of the goodwill associated with the Materials and acknowledge the Materials, and all rights therein including the goodwill pertaining thereto, belong exclusively to the Provider.
The Provider shall have the sole and exclusive right, in its discretion, to Provider and prosecute lawsuits against third persons for infringement of the rights licensed in this Agreement. All sums recovered in any such lawsuits, whether by judgment, settlement or otherwise, in excess of the amount of reasonable attorneys’ fees and other out of pocket expenses of such suit, shall be retained solely by the Provider.
You will fully cooperate with the Provider in the prosecution of any such suit against a third party and shall execute all papers, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such lawsuit.
2. Access to Membership Video and Audio
Live Stream Sessions
Your membership may include attending online live stream video or audio presentations by the Provider, its employees, agents, and/or third parties selected by the Provider.
If there are live streams, the schedule for the current month’s live stream presentations will be posted in the calendar section of the Membership Area on or before the first day of that month. The Provider reserves the right to revise the schedule and to cancel or postpone any live stream presentation at any time for any reason. To the extent feasible, notice may be sent to members of a postponement or cancellation by email.
You understand and agree that the Provider does not promise or guarantee there will be recordings made of these live stream presentations. This means it is important for you to attend online any live stream membership events because there may not be a recording to view or listen to after the event.
Any membership access to video or audio recordings as part of the Materials in the Membership Area is solely for convenience. The Provider does not promise to make any such recordings available and reserves the right to delete any recording within the Membership Area at any time for any reason.
3. Access to The Founder
Unless otherwise expressly promised by the Provider in writing as a benefit of membership, your membership does not include individual (1:1) access to Provider’s founder Barrett Kincheloe. Issues concerning the membership program should be addressed to the Provider’s membership services representatives instead of attempting to contact Mr. Kincheloe directly.
4. Term, Payment, Renewal, and Cancellation
Your membership commences when you sign up for an annual membership. If you cancel within the Trial Period, your membership and any rights under this Agreement shall terminate without notice. If you do not cancel within the Trial Period, the Provider will charge the payment method you supplied when signing up (e.g. credit card) for the purchase price of an annual membership, and your membership shall continue until the one (1) year anniversary date of the date you signed up as a member unless cancelled either by you or the Provider by advance notice per this Agreement.
Annual Membership Auto-Renewal
Unless three (3) calendar days advance written notice of intent not to renew is given by either party to the other party prior to the end of a current annual membership term, or the membership is cancelled by either party, this Agreement shall automatically renew for an additional annual membership term.
Membership Cancellation by You
If you want to cancel your membership during the Trial Period (within 96 hours of signing up), please email your request using the contact form at PickleballKitchen.com.
If you want to cancel your membership after the Trial Period, please make your cancellation request by one of the following methods: (1) email your request using the contact form at PickleballKitchen.com; or (2) mail your request to Pickleball Kitchen LLC, Attention: Membership Department, 5830 Granite Parkway, Suite 100-210, Plano, Texas, 75024-6771 USA, with confirmation of delivery by signature. To ensure your subscription does not automatically renew for another annual membership term, the Provider must receive your cancellation request a minimum of three (3) calendar days prior to the end of the current annual membership term. When you timely cancel membership with the Provider, you will continue to receive your membership benefits until the end of the current annual membership term. You will not receive a refund of any portion of the membership fees you paid for the current or any prior annual membership terms.
Cancellation by The Provider
The Provider reserves the right to unilaterally cancel your membership at any time for any reason by notifying you via email at the address you provided when initially signing up for your membership. If your email address changes during any membership term, you must promptly notify the Provider of such so that your customer records can be updated. The Provider may elect to terminate your membership immediately and issue you a refund of the amount you paid solely for the current term during which the membership was cancelled. However, if the Provider does not elect immediate termination, you will continue to receive your membership benefits until the end of the current membership term, and you will not receive a refund of any portion of the membership fees you paid for the current membership term. There are no refunds of membership fees paid for prior terms.
5. Membership Fees
During your membership’s initial annual term and any subsequent terms, you agree to pay the membership fee for that term in advance. Payment for the initial term will be charged after the Trial Period to the payment method you selected (e.g. credit card) when you signed up.
The Provider reserves the right to raise the membership fee at any time by providing notice to you by email at least fourteen (14) calendar days prior to the term the fee increase will take effect. You can either continue your subscription at the new membership rate or cancel it by giving notice to the Provider per this Agreement.
6. Method of Payment
You agree and represent that all information you provide for the purpose of becoming and staying a member will be accurate, complete, and current. It is your responsibility to timely update payment information with the Provider to prevent your membership from being cancelled for nonpayment.
You expressly authorize the Provider to charge your credit card, debit card, or PayPal account for any and all applicable fees associated with your membership hereunder. If you provide the Provider with a credit card or debit card that expires during any term of your membership, the Provider reserves the right to charge any renewal card issued to you as a replacement without any additional consent by you.
You understand and agree there are important risk factors that should be considered by you when deciding whether to purchase a membership from the Provider and participating in pickleball-related activities. The following disclaimers apply to the extent the Materials and/or our communications with you refer to health-related (physical, emotional, and/or mental) matters.
Health references by the Provider, its principals, employees, and agents, are an educational service consisting solely of general health information. Our communications and Materials are provided “as is” and without warranties of any kind either express or implied.
Not Medical Care or Advice
Neither membership nor the Materials is a substitute for professional medical advice, diagnosis or care. No exercises or treatments mentioned in the Materials or our communications with you should be performed or otherwise used without clearance from your physician or health care provider. The information provided by the Provider is not intended to provide specific physical or mental health advice, or any other advice whatsoever, and should not be relied upon in that regard. The Provider’s principals, employees, and agents are not medical professionals and nothing in our communications or the Materials should be misconstrued to mean otherwise.
Now there may be risks associated with participating in pickleball-related activities mentioned in our communications or the Materials, especially for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, and we want you to be safe, you should seek clearance from your healthcare provider before participating in such activities.
Of course, you shouldn’t attempt to participate in any exercises or activities while driving or performing any dangerous acts. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
Testimonials, Case Studies & Examples
Membership testimonials, case studies, and examples are exceptional results, do not reflect the typical member’s experience, don’t apply to the average person, and are not intended to represent or guarantee anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a peer-reviewed scientific study or other reputable third-party source, you should presume the typical results as stated are more reliable than the testimonials, case studies, and examples found on the Provider’s websites, the Membership Area, the Materials, and in the membership program’s promotional content.
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations, or guarantees whatsoever to you about the results you will achieve as a Member. And we have not authorized any such projection, promise, or representation by others.
Any statements or examples only estimate what we think a Member can do. There is no assurance you will do as well as stated in any examples. If you rely upon any statements or examples, you must accept the entire risk of not doing as well as the information provided.
There is no assurance that any prior successes or past results by others will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies.
Your success in using the information, strategies, and tactics provided in the Materials and our communications depends upon a variety of factors beyond our control (e.g. your physical condition). We also have no way of knowing how well you will do because we do not know you, your background, your work ethic, your dedication, your motivation, your desire, your skills, or your practices. Therefore, we do not guarantee or imply that you will become healthier, improve your pickleball skills, etc.
You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by third parties.
As-Is and As-Available
MEMBERSHIP, OUR COMMUNICATIONS, AND ACCESS TO THE MATERIALS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER MEMBERSHIP AND THE INFORMATION YOU RECEIVE BECAUSE OF YOUR MEMBERSHIP IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE PROVIDER DOES NOT WARRANT THAT USE OF MEMBERSHIP MATERIALS, OR COMMUNICATIONS WITH US WILL BE ERROR-FREE OR UNINTERRUPTED. THE PROVIDER IS NOT RESPONSIBLE FOR THIRD PARTY SOFTWARE INSTALLED OR USED BY YOU, THE MEMBERSHIP CLOUD PLATFORM’S OPERATION OR PERFORMANCE, THE PERFORMANCE OR OPERATION OF YOUR INTERNET SERVICE PROVIDER(S) USED TO ACCESS MEMBERSHIP MATERIALS AND COMMUNICATIONS, OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.
Facts and information are believed to be accurate at the time they were placed in the Materials or otherwise communicated to you during your membership. All information provided by the Provider is to be used for informational purposes only. Membership is only offered in jurisdictions where it may be legally offered. Information provided is not all-inclusive, and is limited to available information, and such information should not be relied upon as all-inclusive or accurate.
You agree to hold the Provider, its principals, employees, and agents harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the membership, and/or activities discussed in the Materials or our communications with you, excepting only claims for gross negligence or intentional tort.
8. Limitation of Liability
IN NO EVENT SHALL THE PROVIDER, ITS PRINCIPALS, EMPLOYEES, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL LIABILITY OF THE PROVIDER, ITS PRINCIPALS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER EXCEED THE TOTAL SUM PAID TO THE PROVIDER BY YOU FOR THE CURRENT TERM OF YOUR MEMBERSHIP.
The Provider, its principals, employees, and agents do not discriminate in this membership program, other programs, or activities on the basis of race, color, national origin, citizenship status, ethnic origin, ancestry, age, religion, religious creed, physical or mental disability, handicap, sex, gender, gender identity, gender expression, sexual orientation, marital status, military status, veteran status, or any other characteristic protected under applicable law. When dealing with the Provider, its principals, employees, agents, and other members, you also agree not to discriminate based on any of these characteristics.
10. Prohibited Conduct
You agree that you will only use your membership, our communications, and the Materials for lawful purposes. This includes, but is not limited to, compliance with all applicable laws, rules, and regulations. The Provider reserves the right to disclose your membership account information to any government law enforcement agency that requests it without providing notice to you.
11. Photos, Video, Audio & Derivative Works
To satisfy an express condition precedent to participation in the membership program, you authorize the Provider, its principals, employees, agents, successors, and assigns to take photographs as well as record audio and video of all of your membership activities, including comments made, during your participation in the program. This includes, but is not limited to your participation in any live events, membership calls, webinars, and teleseminars. You fully understand and agree these photographs and recordings may be edited, published, reproduced, summarized, transcribed, sold or given away by the Provider, its principals, employees, agents, successors, and assigns, both offline and via the Internet, without any compensation to you. Furthermore, you acknowledge the Provider is the sole copyright owner for these images, recordings, and any derivative works.
12. No Refunds
Membership refunds are governed by the terms and conditions of this Agreement. To the extent there is a conflict between general refund and cancellation policies on the Provider’s websites and this Agreement, the terms and conditions of this Agreement will govern.
Termination by You – Trial Period
If you are dissatisfied at any time during the first ninety-six (96) hours of your membership (the “Trial Period”), email us your request to cancel within the Trial Period. Because we do not charge the purchase price for an annual membership during the Trial Period, there is nothing to refund when a timely request is made to cancel within the Trial Period.
Termination by You – After the Trial Period
If you want to cancel your membership after the Trial Period, please use the information in the “Cancellation by You” provisions of Section 4 of this Agreement (see above) to make your cancellation request.
When you cancel your paid annual membership with us, you will continue to receive your membership benefits until the end of the current membership term. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEES YOU PAID FOR THE CURRENT OR ANY PRIOR MEMBERSHIP TERM.
Example: If you purchase an annual membership on February 1st and we process membership cancellation on September 15th, you will continue to receive the benefits of that membership until the end of the annual term (January 31st), and there will not be a refund of any part of the annual membership fee already paid. You will neither be billed for nor receive the benefits of the cancelled membership after the end of the annual membership period.
Do not wait until the end of an annual membership term to make a membership cancellation request because such requests are typically processed within 2 to 3 business days after we receive them. Because it takes longer for us to receive postal mail than electronic mail, we recommend that you email your request. Providing us with your account/membership number (if you have one) can also speed up the process of honoring your request.
After a proper membership cancellation request has been submitted to us, we will confirm your membership has been cancelled by either email or postal mail.
During and after the term of this Agreement, neither party to this Agreement nor anyone acting on their behalf shall make any derogatory or disparaging statements about the other, or its past or present direct or indirect parent companies or its past or present subsidiaries or affiliates, or any of its past or present officers, directors, employees, consultants, agents, representatives, successors or assigns, or directly or indirectly take any action which is intended to embarrass any of them. This provision for non-disparagement shall survive termination of this Agreement.
14. Force Majeure
The Provider, its principals, employees, and agents shall not be liable for failure to perform any of the Provider’s obligations under this Agreement during any period in which the Provider cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic or pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond the Provider’s control.
If any part of this Agreement is declared void, this Agreement, to the maximum practicable extent, shall be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.
16. Relationship of the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Provider as a result of this Agreement, use of the Membership Area, Materials, and/or our communications.
17. Governing Law, Venue & Dispute Resolution
The Provider’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Provider’s right to comply with governmental, court and law enforcement. Use of the Membership Area is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
This Agreement shall be governed and construed in accordance with the laws of the State of Texas applicable to Agreements made and to be performed in the State of Texas.
To the extent you have in any manner violated or threatened to violate the Provider’s intellectual property rights, the Provider may seek injunctive or other appropriate relief in any state or United States federal court, and you consent to exclusive jurisdiction and venue in such courts.
You agree any legal action or proceeding by you against the Provider for any purpose will be submitted by you to confidential binding arbitration in Collin County, Texas, under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Any such claim brought by you under this Agreement may not be aggregated with other claims by you or third parties against the Provider.
No waiver by the Provider of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
19. Assignability & Sublicenses
You fully understand and agree the license granted hereunder is personal to you and shall not be assigned or sublicensed by any act by you or by operation of law unless with the prior written consent of the Provider. You also understand and agree that this Agreement may be assigned by the Provider to any successor in interest to the Provider.
20. Headings and Construction
The section and other headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All references to this Agreement and the words “herein”, “hereof”, “hereto” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section or other subdivision. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any Party hereto or the drafter(s) of this Agreement.
21. Entire Agreement & Modifications
This is the entire Agreement between the parties and may not be modified unless done so in a writing signed by duly authorized signatories of both parties.
Copyright © 2010-2020 Law Office of Michael E. Young PLLC, and licensed for use by Pickleball Kitchen LLC. All Rights Reserved. No portion of this membership agreement may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.