SECTION I.
INTRODUCTION TO SHOOT 360 PITTSBURGH GYM TERMS AND CONDITIONS

These Terms and Conditions apply to all Shoot 360 Pittsburgh Gyms (“Facilities”) and are designed to ensure that all persons using the Facilities, whether they are Members or non-Member guests, adults or minors, have a safe and enjoyable experience. 

All Facilities are owned and operated by Shoot 360 Pittsburgh (“we,” “us,” or “Shoot 360 Pittsburgh”) as an independent franchisee under the terms of a Franchise Agreement with Shoot 360 Nation LLC ( “Shoot 360”).  The staff who work at each Facility are employed solely by us, not by Shoot 360.   

These Terms and Conditions refer to certain categories of users defined as follows:

• “Competitor” means a Participant who enrolls in a Shoot 360 Shooting League hosted at a Facility.  A Competitor may, but need not be, a Member of the host Facility or another Facility.  Certain provisions in these Terms and Conditions apply just to Competitors.

• “Member” is a person who enters into a membership contract with a particular Facility providing access rights to that Facility for a specific period of time.  Certain provisions in these Terms and Conditions apply just to Members.

• “Participant” means any person who uses a Facility whether or not they are a Member, Competitor, adult or minor.  Non-Member Participants pay a per-use fee that limits their access rights to a specified date, time, or visit on a specific date depending on the Facility’s drop-in policy.       

We post these Terms and Conditions on our subpage on the Shoot 360 website, https://www.shoot360.com/ (“Facility Webpage”), where we also post information relevant to the Facility including operating hours, events, programs, fees, and membership contract.  A printed copy of these Terms and Conditions will also be posted in the Facility or made available on request.  These Terms and Conditions adopted by your “home” Facility, i.e., the Facility that you frequent or join as a Member, will apply to all Participants that use the Facility. 

We may change our Terms and Conditions at any time.  Changes will become effective immediately when posted unless a later implementation date is specified.  You are responsible for keeping abreast of the Terms and Conditions that apply to your “home” Facility and are deemed to accept the then-applicable Terms and Conditions each time you check into the Facility.

These Terms and Conditions not intended to deal with all conceivable issues.  If you have any questions about these Terms and Conditions, please contact us, your “home” Facility, or Shoot 360. 

SECTION II.
FACILITY USE:
APPLICABLE TO ALL PARTICIPANTS

Check-In

A.           Participants who desire to use a Facility must check in with a Facility staff member at the Facility’s front desk when they arrive to the Facility.

B.           We reserve the right to take and keep a current photo of the Participant on file to verify the Participant’s identify when they check into the Facility.  This photo is for security purposes and the Facility will not distribute the photo anyone other than to us and Shoot 360, with the exception of a request from a law enforcement agency.

Facility Reservations and Use

C.           Subject to Facility-specific exceptions, a Member may reserve a shooting-court and skills-court at a Facility up to 7 days in advance.

D.           The shooting court and ball-handling courts may be reserved for up to 30 minutes each.  Reservations are accepted on a “first-come first-served” basis.  A Member may schedule additional workout time after their reserved workout time expires depending on availability.  

E.           Subject to Facility-specific exceptions, full or half-court basketball courts may be reserved 7 days in advance.

F.            Reserved Courts must be cancelled at least 2 hours in advance.

G.           A no-show fee may be charged for reservations that are cancelled less than 2 hours before the reservation start time.  Each Facility may determine their own no-show fee and policy and you are responsible for knowing the no-show fee and policy of your “home” Facility.

H.           Unless a Member notifies their Facility in person or by phone at least 30 minutes before their reservation start time that they will arrive after their reservation start time, reservations will be held for no more than 10 minutes after the reservation start time. 

I.             Reservations for a shooting court or ball-handling court at a Facility may only be made in person at the Facility, by phone during a Facility’s posted business hours, by mobile application (“Mobile App”) directed to the Facility, or on the Facility Webpage.  A reservation confirmation will be sent immediately to the Participant via Mobile App or on the Facility Webpage.  A Member who does not receive a confirmation does not have a reservation.

J.             No black-soled shoes, spiked high heels, or shoes with soles that may mar the court surface may be worn on any courts. 

K.           Participants must observe proper etiquette at all times.  This includes relinquishing courts promptly at the end of their workout session.  Participants who violate etiquette rules may be asked to leave the Facility without refund.

L.            Participants must observe appropriate decorum and respect for other Participants in the Facility and for the Facility’s employees.  Participants must refrain from (i) using loud, abusive, offensive, harmful, or slanderous language; (ii) playing music at a level audible to others; and (iii) unwanted or inappropriate touching, badgering, harassing, or soliciting others in the Facility.  A Participant who continues to engage in inappropriate behavior after being asked to desist will be asked to leave the Facility and may subsequently be denied access to any Facility either for a specific or indefinite period in the discretion of their “home” Facility.  Members who engage in inappropriate behavior may have their membership terminated or suspended. 

M.          While a Participant is on Facility premises, they shall refrain from using loud, foul or slanderous language. Participants shall also refrain from molesting, badgering or soliciting other Participants, employees of the Facility, Facility invitees, or guests. Physical abuse, verbal abuse, or intentionally inflicting emotional distress by a Participant against any other Participant or staff, may (in the absolute discretion of Facility management) result in immediate termination or suspension of such Participant’s membership or usage rights.

N.           Participants must wear appropriate clothing, including shirts and shoes, at all times in the Facility.

O.           No outside food or drink may be brought into a Facility with the exception that water in a spill-proof container is allowed in designated areas.

P.            Participants must sign a liability waiver form the first time that they enter a Facility.  We post the liability waiver forms on the Facility Webpage.  Separate liability forms are required for Participants who are over age 18, and those who are minors.  To the extent permitted by applicable law, the liability waiver will remain in effect indefinitely and apply to every subsequent visit to and use of the Facility.  A Participant will be denied the right to use a Facility if the Participant refuses to sign a liability waiver form or notifies us or a Facility that they withdraw or retract a previously executed liability waiver form.

Q.           Facilities may experience increased attendance at various times during the year and at peak periods during the day.  Neither we nor any Facility is liable to a Participant who encounters overcrowding.  No portion of any fees, including membership fees, will be refunded to a Participant who experiences overcrowding.

R.           At the sole discretion of Shoot 360 or us, a Facility may deny a Participant access and revoke or suspend the Member’s membership at any time when there is a legal action pending between the Participant and us or between the Participant and Shoot 360 regardless of which party initiates the action. 

Use Fees

S.           our fees are subject to change at any time.  We endeavor to provide at least 30 days’ notice before changes take effect by updating information on the Facility Webpage.  

T.            Participants who are not Members of the Facility must pay the Facility’s applicable fees at or before the time of use and may be denied access to the Facility if there is no record of payment.

General

U.           When a Participant uses a Facility, they represent to us and the Facility that they are in good health with no known or obvious symptoms or risk factors for a highly communicable disease (i.e. COVID-19) or ailment preventing them from engaging in the active or passive exercises and workouts in the Facility which could cause an increased risk of injury or adverse health consequences to them or others.  A Participant assumes full responsibility for their use of a Facility and must indemnify us if it is determined that the representations that a Participant makes when they use a Facility are untrue at the time. 

V.            A Participant may be denied access to a Facility based on obvious symptoms or risk factors that make it reasonable for the Facility to conclude that the Participant’s use of the Facility poses an increased risk of injury or adverse health consequences to them or others. 

W.          We recommend that Participants obtain a general fitness assessment before beginning workout programs.  Participants who are at risk due to pre-existing conditions, pregnancy, lack of prior fitness training, a history of high blood pressure, heart problems, or other chronic illnesses should consult their healthcare provider before commencing workout activities at a Facility.

X.           Pets  and bicycles are not permitted in a Facility.

Y.            We are not responsible for lost or stolen articles that a Participant brings into a Facility.  Property left at a Facility for more than 48 hours may be discarded.

Z.            A Participant is liable to us for the damage to a Facility or its property or equipment or injury to its staff caused by the Participant’s negligence, willful misconduct, or breach of these Terms and Conditions. 

AA.        A Participant who invites a guest to use a Facility with the Participant is liable to us for the damage to a Facility or its property or equipment or injury to its employees caused by their guest’s negligence, willful misconduct, or breach of these Terms and Conditions. 

BB.        Tobacco, cannabis, alcohol, or similar products may not be brought into, or used, in any form anywhere in a Facility or in the area immediately outside of a Facility’s building. For special events preapproved by Facility management, alcohol served by a licensed alcohol server may be permitted.

CC.       Participants are deemed to give their unconditional permission to Shoot 360, us  and each Facility to photograph, record, and video Participants in the Facility and use these materials in newsletters, brochures, program guides, advertisements, and generally to promote Facilities and publicize the Shoot 360 name to the public.

DD.       As a result of a local, state, or national governmental order that prohibits or limits the use of inside Facility services, a Facility may conduct certain activities and services outdoors without reduction, suspension, abatement, or apportionment of usage fees, membership fees or other charges.

EE.        You may review our privacy policy online at https://www.shoot360.com/privacy-policy .

Additional Provisions Applicable to Minors

FF.         Children under age 18 are considered a minor and may only participate in age-appropriate activities in the Facility with their parent’s or legal guardian’s permission and approval, which a parent/guardian is deemed to give when they enroll their child in the activity and sign the parent/guardian liability waiver form.   

GG.       If a Participant is a minor, their parent/guardian is deemed to accept these Terms and Conditions each time they check-in their child.  The parent/guardian is responsible for explaining to their child the Terms and Conditions that apply to their child’s use of a Facility.  A parent/guardian will be contacted and asked to remove their child from a Facility without refund for fees paid for the child’s session if the child persists in violating the Terms and Conditions after receiving a warning from a Facility staff member.  A Facility may deny a child’s future access to the Facility either for a specific or indefinite period in the Facility’s discretion due to the child’s violation of the Terms and Conditions.

HH.       Minors who are unaccompanied by an adult may only be in the Facility for a maximum of 90 minutes per day.

II.            Parents/guardians of a Participant who is a minor may opt out of giving permission to Shoot 360, us and a Facility to photograph, record, or video their child in the Facility by completing an opt-out form on the Shoot 360 Website (also available on a Facility Webpage).

JJ.           Parents/guardians who are not Members of a Facility may enter the Facility to drop off and pickup their child and may remain in the Facility during their child’s workout in a designated viewing area to observe their child’s workout. Parents/guardians in the designated viewing areas must adhere to applicable Facility policies (including those relating to appropriate decorum and respect for others) or their and/or their minor Participant’s  access to the Facility may, with immediate effect and in the Facility’s sole discretion,  be denied or suspended. Parents/guardians must sign the Facility’s waiver of liability form for themselves and their child when they use the Facility.  Whether or not the parent/guardian is a Member, a parent/guardian may not enter or use a Facility’s training areas or equipment or participate in practices or other activities with their child except when an event or tournament expressly invites parent/guardian participation, in which case they may only participate if they sign an adult Participant liability waiver form for their own activities.

KK.        Parents/guardians of a Participant who is a minor are liable to us for the damage to a Facility or its property or equipment or injury to its employees or other Facility users caused by their child’s negligence, willful misconduct, or breach of these Terms and Conditions.    

Scheduled Closures and Rental of Shoot 360 Facilities

LL.         A Facility may close for special events, private parties, seminars, tournaments, or other activities.  These planned closures may limit a Participant’s access to the Facility.  We have no liability to a Participant who cannot access a Facility at a specific time.

MM.      We establish each Facility’s rental rates and policies including limiting rental periods to specific days or times during a day.  A Facility may rent the use of the Facility to groups in its discretion.  Each Facility may refuse to rent the use of its Facility to any group if it decides that rental is not in its best interest, the best interest of its Members, or the best interest of the reputation of the Shoot 360 name.  Rental of a Facility for special events, private parties, seminars, tournaments, or other activities may require entering into a separate rental agreement with us.

NN.       A Facility will make every reasonable effort to announce planned closures in advance.  No portion of any fees, including membership fees, paid will be refunded to Participants due to planned closures.

Closures Due to Repair, Maintenance, or Health/Safety Concerns

OO.       To address repair or maintenance issues, or due to health and safety concerns, a Facility may close, limit access to certain areas in the Facility, or limit certain activities in the Facility until the Facility is able to abate the issue or concern in question if corrections are within a Facility’s control.  A Facility may modify its hours of operation to address repair or maintenance issues, or due to health and safety concerns without advance notice to Participants.  A Facility will endeavor to complete the work that it deems necessary to abate these issues and concerns safely and expeditiously if corrections are within a Facility’s control.  There will be no reduction, suspension, abatement, or apportionment of usage fees, membership fees or other charges during an unannounced closure of less than 48 hours. 

PP.         Facilities may schedule periods when they must close entirely or limit access to certain areas in the Facility to complete repairs or renovations.  A Facility will make every reasonable effort to minimize any disruption to Participants during these periods and, if possible, schedule work during off-hours.  There will be no reduction, suspension, abatement, or apportionment of usage fees, membership fees or other charges during an announced closure for repair or renovation work of less than 48 hours or where the hours of closure are after 12:00 am and before 6:00 am. 

QQ.       In case of a long-term interruption of service due to circumstances beyond a Facility’s control (e.g. fire, hurricane, flood, earthquake, governmental order, or health and safety restrictions that forbid or limit use of the Facility), a Facility in its discretion may (unless otherwise stated in the membership contract) freeze fees including membership fees paid in advance and suspend memberships, and add the lost time once services resume. 

Outside Professionals

RR.        A Facility may not be used for instruction or training by a teaching professional or personal trainer who is not employed by or under contract with a Facility.  A Participant may not invite an outside teaching professional or personal trainer as their guest for the purpose of providing instruction or personal training to the Participant.

Risk of Use of Facilities

SS.        When a Participant checks into a Facility and has signed the waiver, the Participant is deemed to acknowledge that the workout activities they will engage in involve strenuous physical activity and may expose the Participant to certain risks which include (without limitation):

• Participant may be injured, physically or mentally, suffer a health event, or die.

• Participant’s property may be lost or damaged.

• Participant may cause injury to other persons or damage the Facility’s property or equipment. 

• Other persons participating in such activity may cause the Participant injury or damage the Participant’s property.

• The conditions in the Facility affecting exercise may vary without warning including the loss of air conditioning.

• A Facility may not have the ability to treat or transport Participant if Participant is injured or suffers an adverse health event while at a Facility.

Participant assumes the risk of and responsibility for any injury, death or property damage resulting from their participation in the activity or presence in a Facility.

Participant is solely responsible for determining if Participant is physically fit and has the skill level to engage in the activities they choose to participate in at the Facility. 

Participant is solely responsible for determining if Participant needs personal protective equipment to participate in activities in the Facility. 

TT.          By accepting these risks, a Participant waives any claim to a reduction, suspension, abatement, or apportionment of the fees paid to a Facility due to the existence of any risk factor.

Contact Information

UU.       All Participants must promptly notify us and their “home” Facility in writing of any changes in their contact information on file or their medical and health condition (if such change could cause an increased risk of injury or adverse health consequences to them or others in the Facility) if they intend to continue to frequent a Facility. 

SECTION III.
MEMBERSHIP TERMS AND CONDITIONS:
APPLICABLE TO MEMBERS ONLY

Membership

A.           A Member is a Participant.  Therefore, all Terms and Conditions applicable to Participants apply to Members.

B.           Memberships are non-transferable and Facility-specific.  We refer to a Member’s Facility as their “home” Facility.  Membership does not provide a Member with reciprocity rights to use other Facilities.  Memberships are unique to individual membership holders.

C.           In the event of a conflict between these Terms and Conditions and your membership contract, the provisions of your membership contract will control.

D.           Membership entitles a Member to use the training equipment and workout spaces in their “home” Facility.  A membership is for one person and does not include the Member’s spouse, children, or others.  A Member may use up to the number of Visits included in their membership plan.  It is up to the Member to schedule and use their Visits during their “home” Facility’s business hours.  There are no refunds for unused Visits or if the time slots available to Members are not desired or do not fit into the Member’s schedule. For the avoidance of doubt, “Visits” reflects the unit of purchase specified in the Membership contract which may be expressed in minutes, hours, visits, days, games, matches or any other increment.

E.           Membership does not confer or include any interest or ownership in the assets of any Facility or in Shoot 360, Shoot 360 Pittsburgh or their respective assets.  Membership grants no right to participate in the business decisions of a Facility, Shoot 360 Pittsburgh,  or Shoot 360.

F.            Certain membership plans may include guest privileges.  Your membership contract will specify if it includes guest privileges.  A Member is responsible for the actions of their guest.  Any equipment rented or issued to a guest is the responsibility of the Member who is liable for its return.  A guest’s violation of the Terms and Conditions applicable to a Member may result in the Facility asking the Member and their guest to leave the Facility without refund and denying the guest further access to the Facility.  A Member who repeatedly invites guests who violate the Terms and Conditions applicable to a Member may lose their future guest privileges for a specific or indefinite period or have their membership suspended for a specific or indefinite period or terminated for cause in the discretion of their “home” Facility.

Membership Fees and Payment Terms

G.           The membership plans that we offer and our membership fees and payment terms are published on the Facility Webpage along with the form of the membership contract that a Participant must sign to join as a Member. 

H.           We may, at any time and in our sole discretion: (i) change a membership plan’s privileges, fees, payment terms, and contract terms; (ii) add new plans: or (iii) implement new plans, fees, and terms of use.  We will endeavor to provide at least 30 days’ notice before changes take effect.  Changes will not materially modify Member privileges during the term of the Member’s membership contract.  

I.             Members will pay a one-time initiation fee upon execution of the membership contract with their “home” Facility.  The initiation fee is non-refundable unless otherwise stated in the membership contract. 

J.             A Member will be billed the agreed-upon contract amount on the 1st day of each month during the term of the membership contract, with the first month’s fees prorated for a partial month.  The term of membership contracts executed on or before the 15th of a month will begin on the 1st day of that month.  The term of membership contracts executed on or after the 16th of a month will begin on the 1st day of the following month.

K.           Monthly dues continue to accrue regardless of facility usage. Non-usage does not exclude you from monthly dues payment.

L.            If we receive closed account, stop payment, or insufficient fund returns, a Member’s membership will be suspended until the payment is received or new payment information is provided.  Membership fees will not be refunded if membership is suspended due to a payment issue.

M.          Violations of any Facility policies by a Member, their family members or guests, as determined by Facility management in its absolute discretion, shall subject the Member to termination of their membership or a suspension of membership privileges for a period as determined by the Facility. Membership is subject to termination or suspension if Facility management (in its absolute discretion) determines that such termination or suspension is in the best interest of Shoot 360 Pittsburgh, the Facility,  and other Members.  We may terminate a Member’s membership for any reason at any time.  If your “home” Facility terminates your membership without cause, meaning for reasons not due to your material breach of your membership contract, we will refund any unused fees to you within the time period specified in your membership contract or as required by state law.  If this refund is not paid, your sole recourse is against Shoot 360 Pittsburgh.  A Member has no claim against Shoot 360 or its affiliates, and Shoot 360 does not guaranty Shoot 360 Pittsburgh’s repayment or compliance with the membership contract or state laws.

N.           When a Member signs their membership contract, the Member will sign a credit or debit card authorization permitting us to charge a designated credit or debit card for all fees and other charges incurred during the membership contract term on the date specified in the membership contract including monthly dues, no-show fees, and incidental charges.  This authorization shall remain in full effect until the Member ends their membership through cancellation or non-renewal.  A Member is responsible for keeping their credit or debit card information current.  The first time that payment is rejected or denied, we may impose an administrative fee in addition to the past due balance and require the Member to prepay membership dues or maintain a positive balance in their account to cover fees for future periods.  A Member’s payment of an administrative fee or positive balance does not preclude us from terminating the Member’s membership contract if payment is rejected or denied a second time.

O.           A Member may substitute a different membership plan for their current membership plan at any time by giving their “home” Facility written notice.  No refunds will be paid to a Member who replaces their current membership plan with a less expensive membership plan.  A Member who upgrades their current membership plan to a more expensive membership plan in the middle of a billing cycle must pay the pro-rated additional membership fees for the remainder of the month on the activation date of the upgraded plan.

P.            Additional suspension and cancellation policies consistent with state law are explained in the membership contract that you sign.

Cancelling Membership by a Member

Q.           Cancelling or suspending a membership is solely the responsibility of the member or the member’s parent/guardian.  No refunds will be given for failure to cancel a membership and subsequent non usage of the facility.

R.           To cancel a membership, the member must go to either their mobile application or www.shoot360.com, log into their account, go to My Account and cancel the membership.  Shoot 360 does not cancel a membership on the member’s behalf.  Memberships must be cancelled prior to the 1st day of the next month.  There are no refunds for cancellations made after the 1st of the month.

S.           A Member must communicate their decision to cancel their membership contract via email with the Facility manager at their “home” Facility, by mobile application (“Mobile App”) directed to their “home” Facility, or on Facility Webpage.  Cancellation will take effect within two business days.  A “business day” is Monday through Friday excluding federal holidays and holidays observed by the state where their “home” Facility is located. 

T.            A Member must communicate its cancelation instructions to their “home” Facility.  Notice to Shoot 360 will be ineffective.  Shoot 360 will not cancel a membership contract on behalf of a Member.

U.           A Member who wishes to terminate their membership contract before the membership contract’s expiration date must pay an early cancellation fee in the amount charged by their “home” Facility.  A Member who cancels their membership in a timely manner will receive the portion of any previously paid membership fees that apply to periods after the cancellation date, less amounts due to the Facility.  Refunds will be paid within the period stated in the Member’s membership contract.

V.            If a Member cancels their membership and later decides to rejoin their “home” Facility or another Facility, the Member must still pay the full amount of any initiation fee imposed by the Facility that they wish to join.  A Member who cancels their membership and subsequently rejoins as a Member must sign a new liability waiver when they sign their new membership contract.

Suspending Membership by a Member

W.          To suspend a membership, the member must go to either their mobile application or www.shoot360.com, log into their account, go to My Account and suspend the membership.  Shoot 360 does not suspend a membership on the member’s behalf.  Memberships must be suspended prior to the 1st day of the next month.  There are no refunds for suspensions made after the 1st of the month.

X.           A Member may suspend (freeze) their 6 or 12 month membership for any reason for up to three calendar months during the membership contract term.  A suspension must be taken in minimum periods of one calendar month (but does not need to be consecutive months).  While a membership is suspended, a Member may use their “home” Facility at the then current non-Member drop-in rate. Monthly suspension fees apply.

Y.            Suspended memberships are automatically resumed following the end of the suspension period.  If a Member suspends their membership, the term of their membership contract is automatically extended for the length of the suspension.

Z.            Members can resume the suspension early by paying the pro-rated monthly amount remaining in the month, however the term of the membership will resume on the 1st day of the following month.

AA.        Suspended memberships are automatically resumed following the end of the suspension period, and billed on the 1st day of the month following the suspension end period.

BB.        If Member suspends their membership during the initial contract period, the contract length is extended out for the length of the suspension.

CC.       If Member suspends or cancels the membership, the member is allowed the full membership usage and privileges of the facility for the remainder of that month for which they have paid the full monthly membership amount.

DD.       Once a membership’s initial membership period expires, a Member’s membership contract will renew for the same duration after each current membership contract term expires if the Member affirmatively accepts renewal.  Acceptance of renewal must be given in the manner specified in the membership contract.

SECTION IV.
SHOOT 360 LEAGUES:
APPLICABLE TO COMPETITORS ONLY

A.           A Competitor is a Participant.  Therefore, all Terms and Conditions applicable to Participants apply to a Competitor with respect to their participation in a Shooting League at a Facility.  The Facility where the Shooting League competition takes place is referred to as the “host” Facility.

B.           Whether or not a Competitor is a Member of a “home” Facility, a Competitor must sign a Shooting League contract with the host Facility when the Competitor enrolls in the Shooting League and before the first Shooting League competition takes place agreeing to the fees, payment terms, and policies applicable to participation in the Shooting League. 

C.           Our fees, payment terms, and policies for the Shooting League programs that we run will be posted on our Facility Webpage along with our form of Shooting League contract that a Competitor must sign to join a Shooting League at the Facility.  We may change our Shooting League fees, payment terms, and policies and impose new fees at any time.  New fees and payment terms will apply to prospectively to new Shooting League contracts signed after the change becomes effective.  We will endeavor to post changes to our Shooting League fees, payment terms, or policies at least 30 days before changes take effect. 

D.           A Competitor who is a Member must pay additional fees to participate in a Shooting League, including a Shooting League conducted at their “home” Facility.  

E.           When a Competitor signs their Shooting League contract, the Competitor will sign a credit or debit card authorization permitting the Shooting League host Facility to charge the Competitor’s designated credit or debit card for all fees and other charges incurred in connection with the Shooting League.  This authorization shall remain in full effect through the end of the Shooting League competition.  A Competitor is responsible for keeping their credit or debit card information current.  A Competitor will be denied the right to participate in a Shooting League if payment of Shooting League fees is denied or rejected for any reason until the Competitor brings their account current. 

F.            Each host Facility will publish their schedule of Shooting League events on the Facility Webpage.  A Competitor is not entitled to a refund if they cannot attend a Shooting League event.

G.           A Facility may cancel a scheduled Shooting League event for any reason, but will endeavor to give Competitors advance notice of any cancellation.  The host Facility will use its best efforts to reschedule Shooting League events that they cancel.  Competitors are not entitled to a refund if they cannot attend the rescheduled Shooting League event.  

H.           A host Facility may suspend or terminate a Competitor’s right to participate in a Shooting League if the Competitor does not observe the Terms and Conditions of use that apply to all Participants that use the host Facility.

I.             If the manager of a Shooting League team communicates to the host Facility that the Competitors on the Shooting League team are unsatisfied with their Shooting League experience, the Shooting League team and individual Competitors shall be entitled to a full refund of fees paid to participate in the Shooting League competition as long as dissatisfaction is communicated 24 hours after the first match of the league.

J.             Given the Shoot 360 Leagues are a live competition, we are unable to reschedule make-up games in the event a team is unable to participate in one of the scheduled league games.

SECTION V.
MISCELLANEOUS:
APPLICABLE TO ALL PARTICIPANTS

A.           Your use of a Facility constitutes your agreement to abide by these or the applicable Terms and Conditions adopted by your “home” Facility.  You acknowledge and agree that no promises have been made to induce you to use a Facility, join as a Member, or participate in a Shooting League as a Competitor that are inconsistent with these Terms and Conditions or the Terms. 

B.           These Terms and Conditions are binding on your heirs.

C.           Participants and their guests shall hold us and Shoot 360 harmless from any illness, loss, theft, cost, claim, injury, damage or liability (“Damages”) incurred by us or Shoot 360 as a result of their use of a Facility except for Damages which result from the willful misconduct or gross negligence of us or Shoot 360 or our respective affiliates, agents or employees.

D.           The interpretation and enforcement of these Terms and Conditions is governed in all respects by the laws of the Commonwealth of Pennsylvania, without giving effect to its principles relating to conflicts of laws.  Any dispute arising out of these Terms and Conditions must be brought in the federal or state courts located in Allegheny County, Pennsylvania.  You irrevocably consent to the personal jurisdiction of the federal and state courts identified in this section and waive the right to a jury trial.  Additionally, any action that you, we, or a Facility institutes against the other pertaining to the Terms and Conditions that apply to you must be conducted on an individual, not on a class-wide, basis.  The party prevailing in the action shall be entitled to recover its reasonable attorneys’ fees in addition to any other relief awarded by the court.  Unless a shorter limitations period is prescribed by applicable law, actions not brought within one year from the date the complaining party knew or should have known of the facts giving rise to the action are barred.

E.           If any provision in these Terms and Conditions is held by a court with jurisdiction over you to be illegal, invalid or unenforceable: (i) that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision; and (ii) the legality, validity and enforceability of the remaining provisions of these Terms and Conditions will not be affected or impaired due to the court’s ruling.

F.            We shall not be deemed to waive any of the Terms and Conditions applicable to you unless the waiver is in writing and signed by us.  If a written waiver is given, it will not operate or be construed as a waiver of, consent to, or excuse of, any other or subsequent breach by you of these Terms and Conditions. 

G.           If you are a Member or Competitor, the provisions in these Terms and Conditions that by their nature are intended to survive termination, cancellation or expiration and apply to you shall survive the termination or cancellation of your membership or the conclusion of a Shooting League competition.