Kossover Court Rules & Conditions

1. Refund Policy & Cancellation Policies

Refunds are issued on a case-by-case basis by the Kossover Tennis Center administration. Should you choose to cancel your registration for any of the summer classes:

At least 24 hours prior to session start: Full refund

Between 0-24 hours prior to session start: 50% refund

Any time after session start: No refund

After the first class, should you or your child decide to pursue a different program type of level, then we will issue a credit voucher for 80% of the initial registration fee. To request a voucher, you must contact the Kossover Tennis Center before the second class begins, or you forfeit your credit voucher.

Medical cancellation

Should a medical emergency arise, you may submit medical documentation to receive 100% refund of the classes missed (the medical documentation must note the dates missed)

Reasons Kossover Tennis Center may cancel your order

Kossover Tennis Center reserves the right to cancel any session at any time. We will do our best to email registrants at least 24 hours in advance of the class start time. Most cases will be due to:

1. Low enrollment

In order to provide quality instruction and programs we require a minimum number of registrations for each class. In this situation, if we are unable to find a suitable program alternative, then we will issue a full refund.

2. The participant is not of the appropriate age or skill level

3. To ensure participants’ safety and positive experience

A coach may remove a participant from the program if said participant is disrupting the drill through bullying, disrespect, or general poor behavior, irrespective of special needs. If a solution cannot be found, then a pro-rated refund will be issued.

Please note that this is not a complete list of cancellation reasons.

2. Inclement Weather Cancellation Policy

If class is canceled due to weather:

Prior to class start: 100% refund

After class start but before 50% of the session is completed: 50% refund

After class start and with more than 50% of the session completed: No refund

Non-Weather-Related Session Cancellation Policy

If the session is canceled due to unforeseen circumstances, such as a coach emergency, then we will issue a 100% refund for the classes canceled.

3. Non-Attendance

Every multi-week session will have one make-up date. In the event that you are unable to attend one of the scheduled classes, we ask that you provide at least a 48 hours notice so that we may plan the class accordingly, and you will be admitted into the make-up class following regular programming.

Should you become unable to attend several classes, for any reason other than medical, then there will be no refunds issued aside from the one make-up class. We also may not allow participants to attend a different program to make up the class because of safety and liability reasons which adherence to coach-to-student ratios and liability agreements.

4. Child Supervision

Parents are required to stay on the premises and to monitor their child’s play if the child is 6 years of age or under, and if the program is 1 hour in duration or less.

Parents may be asked to stay inside or outside of the court area depending on the court location and coach’s discretion.

5. Checking In

Participants must check in at the clubhouse front desk for every program, junior or adult. For children's programs (12 & under), a parent or guardian must check in their child prior to the beginning of class. At the end of class, children will be asked to stay on court or near the premises with coach supervision until picked up

If a different person is picking up your child at the end of class, the coach must be informed prior to class start and a name provided. The person picking up your child must present matching ID.

If you would like your child to walk home unsupervised, then we require a signed letter from a parent/guardian prior to session start with dates specifying when this is permitted.

6. Program Changes & Cancellations

Your purchase may be cancelled, postponed, changed, or class rescheduled at any time with or without prior notice based on Kossover’s discretion. Organizers may not be held liable for alterations caused by unforeseeable events such as acts of God, power failures, government/state/county/township regulations, war, or any other similar or dissimilar condition that is unforeseeable. For inclement weather policies and refunds, please refer to “inclement weather cancellation policy”

7. Violation of Terms & Conditions

You understand and agree that Kossover Tennis Center reserves the right, and without prior notice, to terminate, suspend, or modify your registration and to void any transactions if Kossover Tennis Center believes that you have violated the outlined Terms & Conditions. In such situations, you understand that Kossover Tennis Center is not required to provide a full refund and all outstanding fees will be your responsibility.

You and Kossover Tennis Center agree that this Agreement, for all purposes, shall be governed in accordance with Kansas laws and any action must be brought to a state or federal court in the State of Kansas. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

8. Agreement & Liability Waiver

You must agree to Kossover Tennis Center’s Agreement & Liability Waiver upon registration and prior to participation in a program. Admittance will not be permitted without your acceptance of the terms, please view our Agreement & Liability Waiver.

Prior to registering for any of our programs, we ask that you acknowledge having read and agreed to the terms outlined in the Agreement and Liability Waiver ("Agreement") provided below.

By accepting all following terms, you agree to waive the right to sue and to release Kossover Tennis Center and its employees and affiliates from all liabilities to the fullest extent as permitted by law. If the participant is a minor, we require the adult/guardian to agree to the outlined Agreement on behalf of the participant. You acknowledge that you are agreeing to this Agreement voluntarily and freely.

I certify that:

• I agree to the contents of this Agreement as the participant or on behalf of a minor (under age 18) as the parent/guardian.

• I UNDERSTAND AND AM WILLNG TO ACCEPT THE INHERENT RISKS OF INJURY IN PLAYING TENNIS, as well as an in other related activities.

• I certify that the participant is fully capable of participating in tennis and is in good health condition. If I have any concerns in the participant’s readiness prior to or during participation in the program, I will stop them from participating and notify the staff immediately.

• I authorize and permit Kossover Tennis Center to capture images and likeness of the participant while enrolled in the programs, using any media including video and audio. I waive any right to inspect or to approve the use, modification, print or distribution of the media by Kossover Tennis Center prior to its use. Uses may include, without limitation, web site images, advertisements, publications, and any other electronics displays.

I ACKNOWLEDGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS KOSSOVER TENNIS CENTER, TTA, GENESIS HEALTH CLUBS, SHAWNEE COUNTY, AND ANY ADDITIONAL AFFILIATES, SPONSORS, PARTNERS, AND EMPLOYEES AND REPRESENTATIVES INCLUDING DIRECTORS, OWNERS, AND COACHES FROM LIABILITIES ARISING OUT OF:

• Participation in the programs, including liabilities arising from the negligence (including action or inaction) of the above parties or otherwise, to the fullest extent permissible by law.

• My use or inability to use Kossover sites and services

• My violation of the terms set forth in this Agreement.

• Use of media taken of the participant (while in the program), including without limitation, claims for invasion of privacy rights or publicity

• If participant is found by a court of jurisdiction to not be bound by the terms and conditions of this Agreement.

This remainder of the Agreement & Waiver explains your legal rights as they apply to:

2. Release Authorization

3. Photograph/Media Release

4. Assumption of Risk

5. Representation

6. Release and Waiver of Liability

7. Disclaimer of Warranties

8. Severability

9. Violation of Terms

________________________________________

2. Release Authorization

On behalf of yourself and/or the participant, you warrant to Kossover Tennis Center that you have the full power and legal authority to register for the program, as well as to pay for the program if using a credit or debit card. If you are completing the registration on behalf of a minor (under age 18), then you certify that you are their legal parent/guardian and that you have the legal rights to enter into this Agreement and to accept the terms on their behalf.

3. Photograph/Media Release

You permit Kossover Tennis Center and its partners to capture image and likeness using media (videos & audio) of the participant during the program. You acknowledge that Kossover Tennis Center will own such media and you grant Kossover Tennis Center the right to use, modify, and display such media in any manner related to its business, including but not limited to advertisements, brochures, and websites. Furthermore, you waive the right to inspect or to approve the use of the media prior to its use by Kossover Tennis Center. You agree to forever release Kossover Tennis Center from all liability arising from its use of the media. You waive all claims of action related to the use of the media, including but not limited to, claims for invasion of privacy rights or publicity.

4. Assumption of Risk

By registering and participating in a program, you voluntarily accept complete responsibility for any injury that may occur to you or to participant at the program location and/or during participation in the program.

You understand that tennis presents risks and you certify that you or the participant are in healthy physical condition to register and to participate in the sport. You understand that participation in the program carries risks that cannot be completely neutralized by Kossover Tennis Center. You are aware of and assume all risks associated with participation, which may include but are not limited to injury and death from obstacles, falls, contact with players or with obstacles, and weather.

5. Representation

By registering for and/or participating in a program you certify that the participant is healthy and has no disabilities or infirmities that would restrict full participation in tennis.

You consent permission for the participant to receive emergency medical treatment and transportation. You waive and release Kossover Tennis Center, its partners, and its employees from any costs associated with the medical treatment and transportation of an emergency.

You acknowledge and agree:

• To follow Kossover Tennis Center and program-specific safety rules and procedures

• To abide by any decision made by the program staff regarding safe participation

• To respect other people, equipment, facilities, and property through appropriate and non-discriminatory behavior while at Kossover Tennis Center

• Program and Kossover Tennis Center staff reserve the right to remove you from the program and/or the premises without refund if your behavior and/or participants behavior is deemed dangerous, discriminatory, or as having a negative impact (in the opinion of the staff)

• You are responsible for your own personal belongings; Kossover Tennis Center is not responsible for lost, damaged, or stolen items

• Kossover Tennis Center reserves the right to cancel a program in the event of inclement weather, accidents, or for any reason that may affect participant’s safety. In such situations, there will be no refunds unless authorized by the program director

• If you are found in violation of these policies and Agreement, the Kossover Tennis Center has the right to cancel your participation without notice or refund

6. Release and Waiver of Liability

You hereby waive, release, and discharge Kossover Tennis Center and its partners from all liabilities, claims, or damages you may have against them caused by your registration or participation in the program in anyway, including but not limited to any liabilities caused by negligence of the above parties, to the fullest extent permissible by law.

You acknowledge and agree that Kossover Tennis and its partners shall, under no circumstance, be liable for any direct, indirect, accidental, special incidental, consequential, punitive, or exemplary damages caused in any way, and on any theory of liability.

You understand and agree that Kossover Tennis Center and its affiliates hold no responsibility for the following:

• your participation in a program

• your use of or inability to use Kossover Tennis Center services

• your participation in any promotion or program organized by Kossover Tennis Center and its affiliates

• personal injury

• unauthorized access to or alteration of your data

• all other matters relating to Kossover Tennis Center sites and services

YOU ACKNOWLEDGE AND AGREE THAT KOSSOVER TENNIS CENTER’S MAXIMUM LIABILITY TO YOU (FOR ANY REASON OR CAUSE) SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED FROM YOU BY KOSSOVER TENNIS CENTER.

Please note in entering into this Agreement your statutory rights as a consumer are not affected. It should not be interpreted as excluding Kossover Tennis Center or any partner from liability arising from misconduct that is unlawful or of a criminal nature, including personal injury directly caused by gross negligence, fraud, and fraudulent misrepresentation.

7. Disclaimer of Warranties

You understand and agree that use of Kossover Tennis Center’s services are provided on an “as is” basis and that you may use them at your own risk. Kossover Tennis Center does not guarantee that the information provided on its sites and services will be accurate nor complete, nor is it responsible for any inaccuracies or errors. Kossover Tennis Center expressly disclaims all warranties of any kind.

8. Severability

You understand and agree that this Agreement is intended to be as broad and as inclusive as permissible by law. If any provisions of this Agreement are too broad to allow for enforcement to the fullest extent, then both parties consent and agree that the scope may be judicially modified only to the necessary extent to conform to the law, and that the whole of the Agreement’s provisions shall be upheld.

9. Violation of the Terms of this Agreement

You understand and agree that Kossover Tennis Center may at any time, and without notice, terminate or suspend your access to site or services and refuse to honor pending purchases if you or someone acting on your behalf has violated the conditions of this Agreement or the law, or have violated the rights of any person involved in a program. Furthermore, in such situation, Kossover Tennis Center is not required to refund any payments, and any outstanding fees will be your responsibility and you agree to pay said fees.

You and Kossover Tennis Center agree that this Agreement shall be governed and construed according to the laws of the State of Kansas, and any action against Kossover Tennis Center and its partners must be brought to a state or federal court. Both parties also agree to submit to the personal jurisdiction and venue of such courts.