Terms and Conditions for Fairgrounds Memberships

Welcome to Fairgrounds! These Terms and Conditions ("Terms") govern your monthly membership ("Membership") with Fairgrounds Inc. ("we," "us," or "our"), a pickleball provider operating in multiple provinces across Canada. By purchasing or renewing a Membership, you ("you" or "Member") agree to be bound by these Terms. Please read them carefully.

1. Membership Overview

 1.1 Eligibility: Membership is available to individuals aged 19 or older who are residents of Canada. Minors under 19 may participate with the consent of a parent or legal guardian, who must co-sign these Terms.

1.2 Club-Specific Membership: Your Membership is valid only at the Fairgrounds location(s) specified at the time of purchase ("Club"). Benefits and services may vary by Club and are subject to availability. You must accompany your guests and may not transfer your Membership to any another person.

1.3 Membership Plans: We offer several Membership options, including a month-to-month Membership ("Monthly Plan"), an annual Membership (“Annual Plan”), and a limited-quantity Founding Membership, which includes additional benefits and exclusive perks. Founding Members can have a maximum of four Reservations on the calendar at one time. In order to book a fifth reservation, the first reservation must be completed. Additional plans or options may be introduced at our discretion.

2. Membership Fees and Payment

2.1 Fees: The monthly fee for your Membership ("Membership Fee") is as specified at the time of purchase or renewal. Fees are quoted in Canadian dollars (CAD) and are subject to applicable provincial and federal taxes (e.g., GST, PST, HST). Members may also choose to pay for an annual Membership in full upfront, at the rate specified at the time of purchase.

2.2 Payment: Membership Fees are payable in advance via credit card, debit card, or other approved payment methods. For monthly Memberships, you authorize us to automatically charge your payment method each month on the renewal date unless you cancel your Membership as outlined in Section 5. 

2.3 Transaction Fees: A processing fee may apply to each payment, as disclosed at checkout, to cover third-party payment processing costs.

2.4 Fee Changes: We reserve the right to adjust Membership Fees at any time. We will provide you with at least 30 days’ written notice (via email or at the Club) of any fee increase. Continued use of the Membership after the effective date of the change constitutes acceptance of the new fees.

3. Term and Renewal

3.1 Start Date: Your Membership begins on the date of purchase ("Start Date") and continues on a month-to-month basis unless terminated. 3.2 Automatic Renewal: The Monthly Plan renews automatically each month unless you cancel at least 7 days before the next renewal date. Renewal dates align with the Start Date (e.g., if you join on the 10th, your renewal is the 10th of each subsequent month).

4. Use of Facilities and Services

4.1 Access: Membership grants you access to designated pickleball courts, programs, and amenities at your Club during regular operating hours, subject to availability and scheduling. 4.2 Rules and Conduct: You agree to comply with all Club rules, including safety guidelines, dress code, and code of conduct, as posted or communicated by us. Failure to comply may result in suspension or termination of your Membership without refund. 4.3 Guest Policy: Guests may be permitted at our discretion and may incur additional fees. You are responsible for your guests’ conduct and compliance with Club rules at all times.

5. Cancellation and Termination

5.1 Member Cancellation: You may cancel your Monthly Plan at any time by providing written notice (via email to memberships@visitfairgrounds.com) or in-person at your Club) at least 7 days before your next renewal date. No refunds will be issued for the current month. Early cancellation of the annual plan is permitted only for medical reasons (with documentation) or if you permanently relocate more than 30km from your Club, in which case we will refund any prepaid fees for the unused portion of your Membership, prorated monthly. 5.2 Our Right to Terminate: We may suspend or terminate your Membership at our sole discretion, with or without notice, for reasons including but not limited to non-payment, violation of these Terms, or behavior deemed unsafe or disruptive. No refunds will be provided in such cases. 5.3 Club Closure: If your Club closes permanently, we will attempt to transfer your Membership to another Club location. If no suitable alternative exists, we will refund any prepaid fees for the unused portion of your Membership, prorated monthly.

6. Membership Freeze

 Memberships may be frozen for a minimum of 1 month and a maximum of 3 months for medical reasons, travel, or personal circumstances. Documentation may be required.

 Freeze requests must be submitted in writing with at least 7 days' notice. Annual Plans will not be extended by a freeze. 

7. Liability and Waiver

6.1 Assumption of Risk: Pickleball involves physical activity and inherent risks of injury. By participating, you acknowledge and assume all risks associated with pickleball and the use of our facilities, including but not limited to bodily injury, property damage, or illness. 6.2 Release: To the fullest extent permitted by law, you expressly waive and release Fairgrounds Inc., its affiliates, directors, employees, and agents ("Releasees") from any liability for loss, damage, injury, or death arising from your Membership or use of our facilities, due to any cause whatsoever. 6.3 Indemnity: You agree to indemnify and hold harmless the Releasees from any claims, damages, or costs arising from your actions or those of your guests. 6.3 Social Media Release: We may take photos or videos of our facilities for advertising and promotional purposes and use these photos and videos on our social media and other digital channels. 6.4 Release: You acknowledge that you have been informed that you may be photographed, filmed, or otherwise recorded while participating in activities at our Clubs. You grant your irrevocable consent to us, our successors, assigns, and licensees to include your name, likeness, photographic image, mannerisms, and voice in our marketing materials, without compensation and/or credit, and for such marketing materials to be exploited for any purpose whatsoever in any and all media now known or hereafter devised throughout the universe in perpetuity. Without limiting our rights in Section 10, all audio and video recordings are the sole property of Fairgrounds, and you waive any and all rights of personality, publicity, privacy, or other rights related to our audio and video recordings, including the right to bring an action against us related to our marketing materials. If you do not wish to be photographed, recorded, or otherwise included in our marketing materials, please let us know.

8. Insurance

7.1 Member Responsibility: You are encouraged to maintain personal health, accident, and liability insurance. Our insurance does not cover your personal injuries or losses unless required by law.

9. Privacy

8.1 Collection and Use: We collect personal information (e.g., name, contact details, payment information) to manage your Membership. Our use of your information is governed by our Privacy Policy (https://www.visitfairgrounds.com/privacy-policy), compliant with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. 8.2 Consent: By agreeing to these Terms, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

10. Intellectual Property

9.1 Ownership: All logos, branding, and materials associated with Fairgrounds are our property or that of our licensors. You may not use them without our prior written consent.

11. Governing Law and Dispute Resolution

10.1 Governing Law: These Terms are governed by the laws of the province in which your Club is located and the federal laws of Canada applicable therein, without regard to conflict of law principles. 10.2 Disputes: Any disputes arising from these Terms will first be addressed through good-faith negotiation. If unresolved, disputes will be submitted to mediation in Toronto, Ontario. If mediation fails, disputes will be resolved by arbitration under the Arbitration Act of the applicable province, with the arbitrator’s decision being final and binding. This clause does not apply to claims under consumer protection laws where arbitration is prohibited.

12. General Provisions

11.1 Amendments: We may update these Terms at any time. We will notify you of any changes via email at least 30 days before they take effect. Continued Membership after the effective date constitutes acceptance of the revised Terms. 11.2 Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. 11.3 Entire Agreement: These Terms, along with any documents referenced herein, constitute the entire agreement between you and us regarding your Membership. 11.4 Language: These Terms are provided in English. A French version is available upon request where required by law (e.g., in Quebec under the Charter of the French Language). 11.5 Contact: For questions or support, contact us at memberships@visitfairgrounds.com or visit your Club.