TERMS AND CONDITIONS

This Terms and Conditions (“Agreement” or “Membership Agreement”) is entered into between Dsruptve, LLC., dba Tacoma Select, Marucci Prospects, Tacoma Select, Tacoma Select Athletic Training Center, located at 1720 S 7th St Suite 102, Tacoma WA 98405 (“Tacoma Select”), and you the member. Tacoma Select is a baseball training facility for teams and individual use. This Agreement entitles members access to participate in the facilities and to enjoy other amenities offered.

Please review this Agreement thoroughly as it is a legal contract between Tacoma Select and all members. By using the services offered at Tacoma Select, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in full at the time of purchase. Regular monthly dues apply thereafter. Monthly membership payments shall be made one (1) month after purchase, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

IMPORTANT

REFUND POLICY: All purchases are final, including membership monthly dues, dues paid in full, tournament dues, lessons, clinics, and any other purchases made through Tacoma Select or any of its affiliates, except as required by law. On a case-by-case basis, Tacoma Select may, at its sole discretion, offer a refund or credit to another class, clinic, camp, or lesson.

Payments made via Tacoma Select App, third-party payment systems, cash, and checks are non-refundable except as required by law. Refunds may take up to six (6) weeks to process.

Members canceling their payment plan prior to full payment of dues will be liable for the entire balance remaining. Exceptions to this policy will be made for: military deployments, player relocation, or injury (with documentation).

Payments made in full are final and non-refundable except as required by law.

Deposits are final and non-refundable except as required by law.

FREEZE POLICY

Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Tacoma Select via email at [email protected] no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months. Additional freeze requests beyond three months may be considered at Tacoma Select’s sole discretion for medical or hardship reasons.

AGREEMENT TO PARTICIPATE AND ASSUMPTION OF RISK

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In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Tacoma Select, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent permitted by law arising out of or in any way related to participation in the Classes or use of the Facilities…

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19

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You hereby release, covenant not to sue, discharge, and hold harmless Tacoma Select, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, to the fullest extent permitted by law.

MONTHLY MEMBERSHIPS

Monthly Membership is considered an annual membership agreement, payable in monthly installments. When signing up for a monthly membership, you agree to pay the entire yearly dues amount, payable in twelve (12) equal monthly installments. If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Tacoma Select, these payments must be made in full for the Membership Agreement to be considered canceled.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time. You must provide Tacoma Select written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide a timely notice will result in cancellation taking effect at the end of the subsequent billing cycle.

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MISCELLANEOUS

CONDUCT/DAMAGES: … The member shall pay for any damages to Tacoma Select property that result from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Tacoma Select reserves the right to add, change, or remove rules…

PHOTO/VIDEO RELEASE: You hereby grant Tacoma Select, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Tacoma Select and to use and publish these photos or videos in print and/or electronically. You agree that Tacoma Select may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising, and web content. For minors under 18, a parent or guardian must provide written consent before any photos or videos may be used.

PROPERTY DISCLAIMER: You understand and agree that Tacoma Select is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises, except where such loss is caused by Tacoma Select’s gross negligence or willful misconduct.

INDEMNIFICATION: You expressly agree to indemnify and hold Tacoma Select harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by you or your guest, to the extent caused by your own conduct, negligence, or violation of this Agreement.