Terms and Conditions

Terms and Conditions for Hoops College, LLC

Introduction

These Terms and Conditions written on this webpage shall manage your use of Hoops College accessible at www.hoopscollege.com as well as services provided by Hoops College at our physical location 7101 Macfarlane Blvd Charlotte NC 28262, 8018 Myint Ln Suite 120 Concord, 11521 Reames Rd, Charlotte, NC or at any other location we provide services.

These Terms will be applied fully and affect to your use of Hoops College. By using Hoops College, you agreed to accept all terms and conditions written in here. You must not use this Hoops College if you disagree with any of these Hoops College Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Hoops College without the consent of a parent or legal guardian.

Memberships and sessions are paid in advance of service and on the monthly anniversary date of the initial registration.

All services are paid in advance of each session. All contracts auto-renew.

Membership dues are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft).

Memberships paid by any other method are acceptable but it will be the responsibility of the member to make payments on time.  Payment reminders outside of automatically generated emails will incur a $25 late fee. 

Memberships 30 days past due will be canceled. Early cancellation fees and late fees will be applied to the account. Delinquent accounts will be sent to a debt collector if not paid within 3 months of cancellation.

Reinstatement requires payment of dues owed, a reinstatement fee of $25, and payment of the first and last months of membership.

Written notice of 30 days must be given to assure the cancellation of term memberships. No partial months. 

By entering into this agreement, you agree not to file any chargeback claims related to this contract.  Violation of this clause will result in $100 penalties per chargeback. 

With this membership, you receive discounted rates, a referral discount on your next month, priority registration for camps, leagues, and other Hoops College and Chase Excellence-sponsored events, and access to the priority waitlist for training sessions.

This agreement is between Hoops College, LLC (DBA Hoops College), hereafter referred to as Hoops College, and the client on this contract. Hereafter referred to as “member”.
Membership
Term Memberships: Your first month at Hoops College commences when this Agreement is initiated. Monthly Dues are charged each month based on the initial date of this Agreement. 

Month-to-Month Memberships: Members will need to pay on a monthly basis by credit card, cash, or CashApp.

Term Membership Payments: All term memberships and guest fees are collected via auto-debit (i.e., electronic funds transfer) from either a checking account, debit card or credit card. By providing your checking account, debit card or credit card information you allow Hoops College to automatically withdraw dues and fees as they come due.

Training Sessions: Payments are made in advance for training sessions. Training sessions expire one month from the time of purchase unless otherwise specified.  Any sessions that are not used within the month are lost unless rollover sessions are included in the package. 

Right to Modify Dues: If you have a Month-to-month Membership, then Hoops College may increase your Dues at any time.

Three-Day Right of Rescission – New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is canceled within three days, Hoops College will return to the member within thirty days all amounts paid less $50 for usage of the facility during those three days. To cancel, new members must inform Hoops College in writing of their intent to cancel. Written intent to cancel can be delivered to Hoops College in person or e-mailed to info@hoopscollege.com
Availability of Facility – Class or by Appointment only: Hoops College does not provide an “Open Gym” facility. Members may use the facilities only during scheduled classes, events, or by appointment. Hoops College reserves the right to change operating hours and/or class schedules at its sole discretion without any effect on this Agreement.
Limited Availability: Hoops College may close its Facility for seminars, certifications, maintenance, selected holidays, and other hours at its discretion.
Hoops College may delete, change, discontinue, repair, or replace any part or all of the Facility without any effect on this Agreement.
If no part of the Facility is unavailable for more than five (5) consecutive days (not including Sundays) for any reason but less than fifteen consecutive days (not including Sundays), except acts of nature, Hoops College will extend your membership, without Dues, for the same period the Facility was unavailable.
Should the facility become unavailable for more than fifteen consecutive days (not including Sundays) for any reason including acts of nature, then you may elect to cancel this membership effective the following 1st of the month.
Hoops College will not be responsible for refunding any membership fees paid, including advance payments up to 12 months.
Limited Use: If you know you have a problem that might prevent you from using Hoops College (i.e., medical or family emergency, business travel, vacation, etc…) and you sign this Agreement; you agree that your membership is limited accordingly.
However, because this is your choice, you still must pay your monthly dues as if you could use the Facility; there will be no carry-over of monthly dues into subsequent months for any time unspent using the Facility in a previous month.

Freeze Policy for Term Memberships- Members may put their term membership on hold, in one calendar month increments, for up to three (3) calendar months per year for a fee of $25 per month per freeze request. Notice of freeze must be given to Hoops College via e-mail at info@hoopscollege.com at least 3 working days prior to the anniversary date of the month to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon the end of the freeze. The current membership agreement will be extended by the number of months frozen.

Late Payment / Declined Credit Card Fees – A $25 late payment will be due and payable for payments received past 5 days from the due date.
A returned check or declined credit card/debit card will result in a fee of $25 per occurrence.

Membership fees must be paid on or before the due date.
Members who are not current will not be allowed to participate in sessions after 5 days that their fees are due.

Cancellation of Membership by Member – A member may cancel his/her membership at any time with at least a 30 day notice. Please remember partial months are not permitted.
If a member cancels on or after the 2nd day of their due date, then a payment will still be due the following month on the 1st.
There are no refunds for membership fees, and Hoops College will not prorate a cancelled membership, except for members that paid 6 or more months in advance.
Those that paid 6 or more months in advance will be refunded 1⁄2 (half) of the amount remaining in full month amounts rounded down to the nearest month.

(Example: Member paid for 12 months in advance and received two of those months for free for doing so. Member gives their 30 day notice to cancel the membership after 4 and a half months of training. If the member paid in advance for 12 months’ worth of membership, then 6 months would be eligible for a refund. 4.5 months plus 30 days would be 5.5 months, and this would be rounded to 6 months. This member would then receive their refund upon cancellation and be able to use the facility until the completion of the 6th month.)

Lost Articles – Hoops College assumes no responsibility for lost or stolen articles. Lost and found articles that are not claimed after 30 days will be donated to charity or thrown away.
Smoking, Alcohol, Food, and Drink – No smoking is allowed in any part of the facility. Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container and left in specifically designated areas. Food or drink left on or near the court or basketball goals is PROHIBITED at all times. Alcohol is not permitted anywhere on the premises.
Supervision of Children – Members ages 8 and under must always be supervised by a parent or legal guardian. Members ages 8 and under must be escorted to the bathrooms by their parents or guardian. Members 9-13 must be escorted into and out of the facility by a parent/guardian. Hoops College staff will not be allowed to escort anyone to the bathrooms or anywhere else outside Hoops College premises.
Athletes are to be dropped off no earlier than 10 minutes prior to the start of their scheduled class and picked up no later than 10 minutes after the conclusion of the same scheduled class.
Parents or legal guardians will be fined $10 per incident and per 15 minutes of being dropped off early or picked up late.
Guests/Visitors under the age of 14 must be supervised by a parent or legal guardian at all times.
Hoops College will be the sole determiner if any athlete may participate in regular classes. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, and ability to follow instructions.

CHARGEBACKS
The Client agrees to pay all chargeback fees involved in any chargeback case regardless if the case is won or lost by the client.

WAIVER AND INDEMNITY
The Client agrees to indemnify the staff and/or the fitness trainer for any injuries, illnesses, or expenses from the Clients participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Clients ability to participate in the Fitness Program.

TERMINATION OF AGREEMENT
The Parties shall have the right to terminate this Agreement upon fourteen (14) days advance written notice of termination to the other party.

EFFECT OF TERMINATION
In the event the Client terminates this Agreement, the Trainer shall retain all payments made for all unused Training Sessions or packages. In the event the Trainer terminates this Agreement, the Trainer shall refund to the Client all payments made for unused portions of Training Sessions or packages. An early cancellation fee will apply to any multi-month contract of 50% of the remaining dues.

ENTIRE AGREEMENT
This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of the Risk and Release of Liability) constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.

WARRANTIES
There are no warranties either express or implied in this Agreement that are not expressly contained in this Agreement.

APPLICABLE LAW
This Agreement shall be governed by the laws of the State of North Carolina.

SIGNATORIES
This Agreement shall be signed on behalf of Hoops College LLC by Dickran Aram Parunak, its President, and by the Client, <CLIENTNAME>

Training Sessions

Training sessions may be purchased in small group sessions or individual sessions. Sessions may be purchased individually, one month at a time or at a reduced rate on contracts.  Drop-in sessions may also be purchased individually or in packages. Sessions may be canceled without penalty 8, 12, or 24 hours before they are scheduled depending on your plan.  Cancellation of any session outside the window notice will result in forfeiture of that session.

Make-up sessions may be scheduled as long as your account is in good standing along with advanced notice that you are going to miss a session. If you do not communicate with us within the cancellation window prior to not showing up for a session, you will not be allowed to schedule a make-up session. Make-up sessions must be scheduled at an appropriate time at our facility at least 24 hours in advance. All make-up classes will be conducted at our facility. Make-up sessions must be scheduled within 30 days and are not “free sessions” for next month.

Training sessions purchased as part of a membership will not expire as long as the account is in good standing. If the membership expires, the purchased training sessions will expire within the month. Any packages that have not yet been purchased will be charged at the non-member rate. Contracts may be canceled for 50% of the remaining contract. All contracts auto-renew and must be cancelled prior to their renewal.  

Late payments of 10% will be added on contracts that are overdue by more than 3 days.

Hoops College reserves the right to deny service for overdue accounts even if some sessions have been paid for.

In consideration of my being able to participate with Hoops College, I understand that I must purchase a single session or package of training session(s) and must read, agree to and sign this agreement where I assume the risks for participation, waive of liability, and personal training policies and procedures.

I understand that the program is voluntary and that Hoops College staff will develop and guide me through my program. I will be required to undergo an evaluation to assess my present level. I represent that I will disclose any health history accurately and completely including disclosure of any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been informed of by my doctor. During the program if my medications, condition, or medical limitations should change, I will notify Hoops College. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me. I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.

I understand that Hoops College staff are not physicians and cannot replace the advice and expertise of a physician.

I understand that I have the complete right to stop or decrease exercise at any time during a session and that it is my obligation to inform the Hoops College staff of any symptoms such as fatigue, shortness of breath or chest discomfort.

I realize that participation in the program including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.
I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program.

Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation.

I do hereby waive, release and forever discharge to the gym, Hoops College, LLC. from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.

Personal Training Policies and Procedure
1. Package sessions are non-refundable.
2. Package sessions must be paid in full and are scheduled at the time of sign-up.
3. Package sessions will expire if the Client’s membership expires.  
4. Client must give 24 hours advanced notice, less than 24 hours or a no-show will result in a charge to the package session.
5. Training sessions will begin promptly at the time specified by Hoops College and end according to the schedule provided by Hoops College.
6. This is a contract that obligates me to make multiple payments once I have used the number of training sessions included in this package. Future payments will remain the same as the first payment as long as the Client’s membership is up to date.  If the Client’s membership expires or is canceled, the future payments will increase to the non-member rate. This contract may be canceled at any time for 50% of the remaining balance.
7. Payment for the second group of sessions will be made when the last session is completed.
8. Unless otherwise specified by the client, payments will be charged to the credit or debit card on file.
9. Delays in payments or late payments will result in a 10% late fee for every week that the payment is not completed.
10. When this contract is completed, it will renew unless otherwise specified by the client.
11. Any sessions that are a part of a training package that is composed for a monthly rate expire after 1 month from the date of purchase.

I declare that I have read, understand and accept the contents of this Agreement in its entirety. I understand that the Assumption of Risk, Waiver of Liability, and Policies and Procedures are intended to be as broad and inclusive as permitted by the State of North Carolina and agree that if any portion is held invalid, the remainder will continue in full force and effect.

Memberships

Month-to-month memberships can be canceled at any time. A re-enrollment fee will be charged for any canceled memberships that are restarted. Memberships allow clients to remove expiration dates from their training sessions and receive discounted rates. Memberships are no longer options as of June 2021. Late payments of $25 will be added to overdue membership fees.

Requests to cancel memberships will result in the cancellation of any active contracts that include membership pricing. Canceled contracts will result in cancellation fees on your account. Cancellation fees are 50% of the remaining contract balance.

Hoops College reserves the right to deny service to anyone who has a negative account balance.

Intellectual Property Rights

Other than the content you own, under these Terms, Hoops College and/or its licensors own all the intellectual property rights and materials contained in Hoops College.

You are granted a limited license only for purposes of viewing the material contained on Hoops College.

Restrictions

You are specifically restricted from all of the following:

Certain areas of Hoops College are restricted from being access by you and Hoops College may further restrict access by you to any areas of Hoops College, at any time, in absolute discretion. Any user ID and password you may have for Hoops College are confidential and you must maintain confidentiality as well.

Your Content

In these Hoops College Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on Hoops College. By displaying Your Content, you grant Hoops College a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Hoops College reserves the right to remove any of Your Content from Hoops College at any time without notice.

No warranties

Hoops College is provided “as is,” with all faults, and Hoops College expresses no representations or warranties, of any kind related to Hoops College or the materials contained on Hoops College. Also, nothing contained on Hoops College shall be interpreted as advising you.

Limitation of liability

In no event shall Company Name, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of Hoops College whether such liability is under contract.  Hoops College, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of Hoops College.

Indemnification

You hereby indemnify to the fullest extent Hoops College from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Hoops College is permitted to revise these Terms at any time as it sees fit, and by using this Hoops College you are expected to review these Terms on a regular basis.

Assignment

The Hoops College is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Hoops College and you in relation to your use of this Hoops College, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the North Carolina in the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the USA for the resolution of any disputes.

Release of Liability

In consideration of being allowed to participate in any way in the program, related events and activities, I the undersigned, acknowledge, appreciate, and agree that:

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, BUT NOT GROSS NEGLIGENCE OF THE RELEASES; or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS HOOPS COLLEGE, LLC, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (RELEASEES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

 

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