Elite Member Agreement
Based on the selected membership type, members are entitled to the benefits stated on the membership benefits form. Members shall abide by all facility rules at all times. Violation of any facility rules and policies may result in revocation of membership privileges. A fee of $25 will be assessed for each declined transaction. A additional late fee or $25 will be assessed for payment not made within 10 days of due date for any reason including a declined credit card.
Membership cancellation requires written notice. Early termination of an annual membership requires 30 days written notice and will result in a $395 penalty fee for early cancellation (prior to payment of 12 consecutive and active months). Any prorated charges due to complete the 30 day period from receipt of written cancellation will be charged on or after the date of receipt of written cancellation. Annual memberships paid monthly will automatically convert to a month to month membership at the current month to month rate following completion of the 12 month annual commitment. The membership will remain active and billing indefinitely until a new annual agreement is completed, received and executed by TPC or until written cancellation notice is received. Annual memberships paid in full are non-refundable.
A temporary hold may be placed on the membership only in the case of injury with written documentation from the member’s physician requiring a cessation of specific activity. A fee of $19/mo will be assessed during the time of the hold. Upon return to active status, the membership will resume at the membership rate at the time of return and will be in effect through the number of remaining months to complete a full 12 month active period. To renew at the discounted annual rate, members must complete a new membership agreement form.
Receipt of written cancellation of a month to month membership will terminate the membership as of the final day of that month’s billing cycle. No portion of a charge already made will be refunded and no further membership charges will be made. Month to Month memberships will automatically renew each month until terminated. Membership benefits will terminate as of the final day of the current billing cycle. The member will be responsible to pay the difference for any events scheduled and paid for at the discounted member rate following the date of cancellation. The undersigned agrees to all terms and conditions set forth in this agreement as well as the liability release form.
Automatic Recurring Billing Authorization: The ARB portion must be completed in order to activate your membership unless you have chosen to pay annual in full.
In accordance with the member agreement below, I authorize The Pitching Center, Inc. to automatically charge my credit card or debit card each month. I understand and agree to adhere to all payment and other conditions set forth in the member agreement. The membership shall commence as of today’s date and monthly payments will be debited from the card placed on file until written cancellation notice per the member agreement is provided.
Parent or Adult Participant Name:______________________________________________________
Address:___________________________________________________ City:____________________________ State:_________ Zip:_______________
Phone:________________________________________________ Alt. Phone (Emergency/Cell Phone)_______________________________________
Email address:________________________________________________________________________________________________________________
Minor Participant Name: ______________________________________________________ Gender: M F Birth Date: _______________________
Minor Participant Name: ______________________________________________________Gender: M F Birth Date: _______________________
Minor Participant Name: ______________________________________________________Gender: M F Birth Date: _______________________
Minor Participant Name: ______________________________________________________Gender: M F Birth Date: _______________________
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND
PARENTAL CONSENT AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in any way in The Pitching Center, Inc. activities (“Activities”) I, for myself for personal representatives, assigns, heirs, and
next of kin:
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT
FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO
THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING,
SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE PITCHING CENTER, INC. ACTIVITIES AND THE MINOR’S EXPERIENCE
AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I
HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL
LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE
MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS
EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY
SUCH CLAIM.
Signature of Adult Participant or Parent/Guardian: _______________________________________________________________
Date: ________________________________
· All TPC memberships, classes, lessons and programs have a limited number of spaces available. Registration and space reservation in any class, lesson or program are not complete until payment has been received and processed successfully. Spaces will not be held without payment.
· Payment for specialty programs requires a minimum Classic membership and one (1) month deposit together with a completed auto-debit form or pre-payment in full for the program. The form allows The Pitching Center, Inc. to debit either your credit card or bank account for the remaining program balance divided into equal payments each remaining month of the program. If dividing the program fee into monthly payments a service fee will be applied for each payment.
· Check or cash payment may also be made for programs either in full or for the balance remaining following the deposit. To pay by cash or check in full, payment must be received and processed before your spot is reserved.
· Private lessons or initial evaluation sessions require a minimum payment of $49 and in some cases payment in full in upon reservation. Any balance due must be paid on or before the time of service. Payments are subject to the scheduling policy below.
· Special rate events and sessions are subject to the terms assigned to those events. Any additional amount due for persons making a reservation at a special rate for which they do not qualify will be due on or before the time of service. Be sure to note special requirements for special pricing and ask a TPC representative to verify your eligibility if you are uncertain.
· Elite membership payments are set up on an automatic recurring charge basis unless choosing an annual pay in full option. Members are subject to the terms set forth in the membership agreement. Payments will recur each full month on the same date as registration. We do not pro rate based on a calendar month.
· All students will select a specific lesson, class or classes based on the program of choice at the time of registration for any roster based specialty class, program or private lesson.
· TPC Specialty Programs generally have multiple class schedule options. Each class will have a limited number of spaces available to be scheduled as a make-up class for current students only. Students currently registered in a specialty class may attend a make up for a missed class anytime during that current session. Eligible make up classes include those in the same skill/age group or a level 1 elite training class.
· Private Lessons/Evaluations: If you have scheduled a private or semi-private lesson you must give at least 24 hours notice to cancel or reschedule. Reschedule options are based on availability. A request to cancel or reschedule a lesson between 24 – 2 hours prior will result in forfeit of the $49 deposit. Any request to cancel or reschedule with less than 2 hours notice will result in forfeit or billing of full lesson price. Deposit payment is non-refundable. With applicable notice the deposit may be applied toward a rescheduled session.
· Students who sustain an injury that prevents them from participating must supply TPC with a written Dr note including the amount of time away from relevant activity to receive consideration for fee credit or medical injury hold of a membership.
· Any student choosing to vacate a specialty program will be charged a minimum one (1) month program cost fee in addition to the cost for services rendered as well as a fee for any program discount received by said player. Early termination of an annual membership will result in applicable fees as stated in the membership agreement. There are no temporary hold options for annual memberships. The discounted annual membership rates are based on a 12 consecutive month commitment.
Thank you for visiting The Pitching Center.com, The Pitching Center, Inc. website. Your privacy is important to us, so to better protect it we provide this statement explaining our online information practices and the choices you can make about the way your information is collected and used at The Pitching Center site. While providing pitching instruction and fitness training services is the cornerstone of our business, our most important asset is our customers’ trust. Keeping customer information secure, and using it only as our customers would want us to, is a top priority for all of us at The Pitching Center, Inc.
We will safeguard, according to strict standards of security and confidentiality, any information our customers share with us.
We will limit the collection and use of customer information to the minimum we require to deliver superior service to our customers, and to administer our business.
We will permit only authorized employees, who are trained in the proper handling of customer information, to have access to that information. Employees who violate our Privacy Policy will be subject to our normal disciplinary process.
We will not reveal customer information to any external organization unless we have previously informed the customer in disclosures or agreements, have been authorized by the customer, or are required by law.
We will always maintain control over the confidentiality of our customer information.
We tell customers on request and in plain language how they may remove their names from The Pitching Center lists. At any time, customers can contact us here to remove their names from such lists.
Whenever we hire other organizations to provide support services, we will require them to conform to our privacy standards and allow us to audit them for compliance.
We will continuously assess ourselves to ensure that customer privacy is respected. We will conduct our business in a manner that fulfills our Policy in the many regions in which we do business.
Our Commitment to Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
The Information We Collect
At www.thepitchingcenter.com, you can book instructional sessions, order products, participate in polls or surveys, or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that you choose to provide and that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, and information about your interests in and use of various products, programs, and services. The Pitching Center does not collect credit card information, and instead uses a secure, trusted third-party payment gateway system to process purchase transactions.
Only persons who register and provide us with the requested personally identifiable information will be able to book services, or purchase products or otherwise participate in the site’s activities and offerings.
We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider (e.g., Comcast, America Online, etc.).
How We Use the Information
We may use the information you choose to provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about offerings, and to offer you other products, programs or services that we
believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have been added to a session from a wait list, or when we make changes to subscriber agreements, to fulfill a request made by you for an online newsletter, or to contact you about your account with us.
We use the information that you provide about others to enable us to send them products and services you may have purchased for them. From time to time, we also may use this information to offer our products, programs, or services to them.
If you choose to submit content for publication (e.g., a posting on our forum), we may publish your screen name and other information you have provided to us.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
We sometimes use anonymous, or non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Agents and contractors of The Pitching Center, Inc. who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for The Pitching Center, Inc.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice. Inadvertent disclosures may result, for example, when third parties misrepresent their identities in asking the site for access to personally identifiable information about themselves for purposes of correcting possible factual errors in the data.
Cookies
To enhance your experience with our sites, some of our web pages may use cookies, which are small text files we place in your computer’s browser to store your preferences. Cookies cannot be read by a Web site other than the one that set the cookie. Most cookies last only through a single session, or visit to our site. You can set up your Web browser to inform you when cookies are set, or to prevent cookies from being set.
Cookies, by themselves, do not contain personally identifiable information that would enable anyone to contact you via telephone, e-mail, or any other means. However, once you choose to provide personally identifiable information to us by, for example, registering at our site, this information may be linked to the data stored in the cookie.
We use cookies to record session and user-specific information about the pages users access or visit, and to understand site usage and improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g. to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to offer you products, programs, or services.
We may also use small pieces of code called ‘web beacons’ or ‘clear gifs’ to collect anonymous and aggregate metrics, such as counting page views, promotion views, or advertising responses. These ‘web beacons’ may be used to deliver cookies that conform to our cookie policy.
Privacy Options: Opt-in/opt-out
If you prefer not to receive traditional mail or other off-line promotions from The Pitching Center, or any companies not owned by The Pitching Center, Inc., please click here. If you’d rather not receive email updates, you can delete your name from our email marketing list by clicking on the opt-out link provided within an email update that you may have received from us, or you may click here.
If The Pitching Center site discloses personally identifiable information to companies not owned by The Pitching Center, Inc. who wants to market products or services to you, it will provide you with an opportunity to opt out or block such uses. If you prefer not to receive online marketing information from companies not owned by The Pitching Center, Inc., please click here.
The Pitching Center, Inc. may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive online marketing information from this or any other The Pitching Center, Inc. site, please here.
Finally, The Pitching Center, Inc. sites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.
How to Contact Us
If you have any questions or concerns about The Pitching Center, Inc. online policy for this site or its implementation please contact us via email by clicking here or at the following postal address:
The Pitching Center, Inc.
Attention: Customer Service
7073 Commerce Circle,
Pleasanton, CA 94588