Core Membership Terms and Financial Obligations
1.1. The Open Squash (the “Center”) is a non-profit club operated by The Squash Center, Inc. that is dedicated to making squash more accessible to the general public. The Center does not charge any membership initiation fees and relies on annual membership commitments for its financial stability. Consequently, membership is an annual contract that renews automatically, unless terminated on a timely basis.
1.2. Any member may terminate (or downgrade) his or her membership without penalty by written notice to the contact email designated on the Center’s website at least 30 days in advance of the member’s annual anniversary date, with a subject line: TIMELY TERMINATION/DOWNGRADE OF MEMBERSHIP. Early termination is not permitted, except in the sole discretion of the Center and only in limited situations, such as geographic relocation or financial hardship (i.e., loss of employment). Members are free to upgrade their memberships at any time.
1.3. In its discretion, the Center may offer shorter-term memberships for certain limited situations (for example, one-week passes for out-of-town visitors). These shorter-term memberships will be priced higher (on a pro rata basis) than the standard annual membership. All the rules of membership in these Terms and Conditions will apply to any shorter-term memberships.
1.4. Memberships are individual; the Center does not have family memberships at this time. That said, the Center does provide a discount on the second and subsequent individual memberships from the same family provided the second and subsequent family members share the same address and same valid/working credit card. (Note that any reference in these Terms to a credit or debit card apply equally to a direct debit arrangement through ACH to the extent the Center’s payment systems permit it.) The size of the discount is specified on the Center’s website.
1.5. There are three tiers of membership available: (1) “Unlimited,” (2) “Pay to Play,” and (3) “Off-Peak” (together, “Pay to Play” and “Off-Peak” are referred to as “Non-Unlimited”). Each membership tier carries with it distinct privileges at the Center, which are described in these Terms and Conditions and on the Center’s website. 1.6. At all times, each and every player on the Center’s courts, regardless of age, must be either a member in good-standing of the Center, an Authorized Guest (as defined below), or an Authorized Pro (as defined below).
1.7. The Center operates on a cashless basis and thus it is a condition of ongoing membership (and of remaining in good-standing) to have a valid/working credit or debit card in the Center’s system at all times.
1.8. The Center charges all monthly fees in advance, pro rating any monthly charges for the first month. The Center processes one-time charges (such as court fees, guest fees, cancellation fees, or items purchased at the café or pro shop) immediately as they are incurred. If the member’s credit card or debit card on file in the system fails to put through a charge for any reason (whether the member’s fault or not), it is regarded as non-payment and the member will no longer be regarded as in good standing with access to the courts.
1.9. The schedule of membership fees (including any income- or age-based discounts), other monthly fees (such as for laundry and lockers) and one-time charges (such as for pro shop items or food and drink) appear on the Center’s website. All fees may change at any time except that any change in the monthly membership fee will only become effective upon each member’s anniversary.
1.10. The Center may terminate (or suspend) any membership at any time for: (1) failure to have a valid/working credit or debit card in the system; (2) failure to follow the rules of the Center as outlined here and elsewhere (including rules governing the booking of courts, safety, sportsmanship and the other terms of membership as well as the rules covering any particular program taking place at the Center); (3) or behaving in any other manner that causes harm or offense to the Center or to another member or Authorized Guest, in each case as determined by the Center in its sole discretion.
1.11. Consistent with its mission as a non-profit, the Center offers monthly membership discounts of various kinds, including income-based discounts. It is an important condition of these Terms and Conditions that anyone who is receiving one of these discounts immediately notify (no more than 30 days) the Center of any material positive change in the member’s economic circumstances such that the member may no longer be eligible for a discount. The Center reserves the right to seek the incremental membership fee amounts for the period between the change of circumstances and any delayed notification.
Court Bookings, Cancellation Fees, and Walk-on Play
2.1. Unless otherwise specified in the court booking system, the Center’s courts are available for reservation in 45 minute increments according to the schedule set forth in the system.
2.2. The Center’s court booking system shall be open on a rolling basis a minimum of 1 week in advance of the date of play. A member may book a court without identifying the name and status (member or guest) of the second player, so long as the reservation is ultimately updated for the name and status before play commences.
2.3. No member may book more than one court, peak or non-peak, in any single 24-hour period.
2.4. The Center’s goal is to give all members with peak-time access a reasonable chance to play every week at peak times if they try to book a court in a timely manner. Accordingly, a member may not book more than two peak-time courts in any 7-day period.
2.5. Courts may not be booked for solo play during peak periods. During non-peak periods, courts may be reserved for solo play but the member playing solo must pay a full court fee not only for himself/herself (unless an unlimited member) but also for the non-existent second player.
2.6. Because court time at the Center is highly valued and limited, especially during peak times, members are expected to show up and play whenever they have booked a court in advance or to have canceled in a timely manner. Accordingly, we ask that members who are not able to show up for a booked court make every effort to cancel at least 24 hours before the time of play. If the cancellation is later than 12 hours before the time of play, the Center will impose a cancellation fee. The fee may be greater for peak-period cancellations. The amount of such fees (like any other fees) appear on the Center’s website.
2.7. Any cancellation fee shall be assessed on a per-player basis. Accordingly, if a late-canceled court was booked in the names of two members, each member will pay his or her own cancellation fee. When a late-canceled court was booked by a member with either a guest or as yet-identified member, the member who booked the court will pay a double cancellation fee.
2.8. A “no show” of either player is considered a cancellation and the cancellation fee will be imposed on the non-showing player. If neither player shows, both players will pay the cancellation fee; if one of the no-shows is a Sponsored Guest (or an as-yet identified member), the inviting member must pay both cancellation fees. Similarly, a member who has booked a (non-peak) court for solo play and is a no-show is also subject to a double cancellation fee (albeit double the cancellation fee applicable to off-peak courts).
2.9. Members may apply in writing (including by email to the contact address on the Center’s website) for a waiver of cancellation fees, which waiver shall be granted solely at the Center’s discretion and only in rare circumstances of demonstrated hardship. Any request for waiver shall set out the full circumstances for the late cancellation or no-show.
2.10. Courts that are empty (because either no member reserved them or there was a single or dual no-show) may be used by members on a first-come, first-served basis Provided the members, before going on court, formally book the court in the booking system, which will result in being charged the applicable court fees. If the court booking system already shows a (no-show) reservation, the members should book the court through the Center staff. If the court in question remains open after the time of the (newly) booked court, members may continue to play without further court fees as long as they still book the subsequent court in the system (to maintain completeness of the Center’s records). The one exception to these rules is that if a court is open with less than [20] minutes left in the applicable time period, there is no need to book the court or pay any court fees. But in such case, if the members want to play into the next time period and the court remains open, then all of the above rules including the requirement of booking and payment of one set of court fees apply.
Court Fees
3.1. Court fees for Non-Unlimited members are published on the website and assessed on a per-player basis (peak or non-peak as applicable).
3.2. If two Non-Unlimited members play each other, each member must pay a court fee.
3.3. If a Non-Unlimited Member is playing a Sponsored Guest (as defined below), the member pays both his or her full court fee and the guest fee of the Sponsored Guest (consistent with the member’s responsibility to cover all charges incurred by a Sponsored Guest, as described below).
3.4. If a Non-Unlimited Member plays an Unlimited Member, the Non-Unlimited Member must pay a full court fee.
3.5. If an Unlimited Member plays a Sponsored Guest, there is no court fee, just a guest fee as described below. (Guest fees include court fees.)
Authorized Guests and Associated Guest Fees; Authorized Pros
4.1. There are three categories of Authorized Guests at the Center: (1) Sponsored Guests, (2) Non-Sponsored Guests; and (3) Non-Playing Guests.
4.2. The most common Authorized Guests are Sponsored Guests who come to the Center for recreational play at the invitation of a member to play pursuant to the member’s court booking.
4.2.1. Sponsored Guests are not permitted to play as walk-ons.
4.2.2. A Sponsored Guest must be checked into the system as a guest with a designated sponsoring member. At check-in, the Sponsored Guest must sign a standard liability waiver and agreeing to comply with these Terms and Conditions and any other rules and regulations of the Center.
4.2.3. Sponsored Guests must adhere to all the rules of the Center as outlined in these terms and conditions.
4.2.4. The sponsoring member is legally and financially responsible for the member’s Sponsored Guests, including any payment obligations or physical damage or theft (as explained more fully in the “Legal” section, below). All charges incurred by Sponsored Guests will be charged to the sponsoring member’s credit or debit card on file (including guest fees) and any reimbursement must be sought privately. The Center’s system does not provide for payment by Sponsored Guests.
4.2.5. As explained above, guest fees for recreational play, like other one-time charges, are published on the Center’s website and may be amended from time-to-time at the Center’s discretion.
4.2.6. Because the Center encourages Sponsored Guests who may themselves become members to play at the Center, every member will receive 1 free guest pass per quarter. Notwithstanding the Center’s desire to give potential members an opportunity to “try-out” the Center, the Center is also committed to (1) ensuring that the Center’s courts are available as much as possible to the dues-paying membership, especially at peak times; and (2) that guest play does not become a substitute for paying membership. Accordingly, (1) after the one free guest pass per quarter, regular guest fees will apply and (2) the same Sponsored Guest may not play at the Center (with any member) more than once per month.
4.3. The Center also welcomes certain Non-Sponsored Guests in three specific contexts: (1) organized round-robins and clinics/large group lessons (subject to the rules set forth below), (2) official league play and (3) sanctioned tournaments.
4.3.1. Prices for activities in which Non-Sponsored Guests may participate will be published on the Center’s website.
4.3.2. All Non-Sponsored Guests must be checked into the Center’s system and must sign a standard liability waiver and agree to comply with these Terms and Conditions and any other rules and regulations of the Center.
4.3.3. With respect to organized round-robins and clinics/large group lessons, preference is always given to members. Accordingly, (1) members will always have a reasonable period of time to sign up for a round-robin or clinic/large group lesson before opening it up to Non-Sponsored Guests and (2) the fee for Non-Sponsored Guests will always be higher than for members. The Center reserves the right to impose limits on the number of round-robins and clinics/large group lessons in which a non-member may participate.
4.4. Private and semi-private lessons are limited at the Center and are not available to guests of any kind, except that (for the time being) guests are permitted to take one (and only one) full-cost lesson as an introduction to the Center.
4.5. The Center welcomes Non-Playing Guests who have reason to be at the Center (for example, the non-member parent or caretaker of a junior member, or the friend of a member who wants to see how the game is played). Non-Playing Guests will be admitted to the Center free of charge, and will need to sign into the Center’s visitor system for Non-Playing Guests and agree to adhere to the Center’s Terms and Conditions and other rules, as applicable (such as proper sportsmanship and respectful treatment of the Center’s members and property).
4.6. The Center welcomes Authorized Pros, defined as any pro who has been hired by the Center directly or by the Nicol Champions Academy, who will be hosting its programs on the Center’s courts. Authorized Pros may use the courts only for the purpose for which they were hired (e.g., hosting a round robin). Authorized pros must also abide by the Center’s Terms and Conditions (such as proper sportsmanship and respectful treatment of the Center’s members and property).
Court Safety and Behavior
5.1. Members (and guests) must always adhere to the rules of safe play, including but not limited to wearing protective eye gear at all times on the court.
5.2. Members (and guests) must wear non-marking shoes on the court.
5.3. Members (and guests) may only play during the Center’s formal operating hours and always respect the Center’s court booking system on court entitlement.
5.4. Members (and guests) must leave the court immediately when the allotted time slot is over. If the current game is almost finished (one player having 8 points or more), the players may finish the game at the discretion of the waiting players. 5.5. Members (and guests) must adhere to the rules of good sportsmanship.
5.6. No illegal activities may take place in the Center.
Juniors
6.1. Children and teenagers – whether playing inside or outside the auspices of a sanctioned/formal junior program — are subject to all of these Terms and Conditions. Further, so long as a child is a legal minor (under 18), there must be a parent or other legal representative registered in the system who is legally and financially responsible for the child (and whose credit or debit card is in the system for membership and other payments).
6.2. Children and teenagers under the age of 16 must be accompanied at all times in the Center by a parent or a caregiver or other person the parent has authorized in the system unless the child is participating in a sanctioned Center junior program (in which case the adult accompaniment rules of that program will apply).
Founding Members
7.1. Founding Members are members who have made a multi-year membership commitment to the Center that also includes a substantial donation.
7.2. In addition to all of the privileges of “Unlimited” membership, Founding Members have certain additional privileges, including
7.2.1. Founding memberships can be transferred to another person.
7.2.2. Where the Founding Member has been assigned to a junior, either of the junior’s parents or lawful guardian (but not any pros and not anyone else without express permission) may play with the junior during off-peak periods without any guest fee or same-guest limits.
Legal
8.1. IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY: By agreeing to these Terms and Conditions each member (on behalf of themselves and any Sponsored Guest) hereby expressly acknowledges and agrees that your use of the Center’s facilities, services, equipment or premises involves risks of injury to persons and property, including those described below, and you assume full responsibility for such risks. In consideration of being permitted to enter the Center for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, you agree to the following:
8.1.1. You hereby release and hold the Center, its directors, officers, employees, agents, owners, and affiliates harmless from all liability to you and your personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever give up any claim or demands therefore, on account of injury to your person or property, including injury leading to the death, to the fullest extent permitted by law, while you are on the Center’s premises or using any of the Center’s facilities, services or equipment.
8.1.2. You also hereby agree to indemnify the Center from any loss, liability, damage or cost the Center may incur due to your presence in, upon or about the Center or in any way observing or using any facilities or equipment of the Center, and for any loss, liability, damage or cost the Center may incur due the presence of your guests or their use of the Center, whether caused by the negligence of you or your guests or otherwise. The losses and costs indemnified under this paragraph shall include, but not be limited to, reimbursing the Center for damage to the Center’s courts or other property caused by you or your guest, and the costs and fees of any action against the Center for injuries arising from the actions of you or your guest.
8.1.3. You represent (a) that you are in good physical condition and have no disability, illness, or other condition that could prevent you from exercising without injury or impairment of health, and (b) that you have consulted a physician concerning an exercise program that will not risk injury to or impairment of your health. Such risk of injury includes (but is not limited to): injuries arising from your use of any of the Center’s facilities or equipment; injuries arising from the participation by you or others in supervised or unsupervised activities or programs at the Center; injuries and medical disorders arising from exercising at a the Center such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in the Center’s dressing rooms, showers, and other facilities.
8.1.4. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
8.1.5. You have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from these Terms and Conditions have been made.
8.2. Use of the Center facilities constitutes ongoing acceptance of these Terms and Conditions.
8.3. In the event of any dispute (other than one filed in a court that is limited to adjudicating small claims) between you and the Center (including the Center’s officers, directors, employees, agents, owners, and affiliates), you and the Center agree that the dispute will be resolved exclusively by arbitration in New York, New York, before a single arbitrator, under the then current rules of the American Arbitration Association. In addition, you agree not to participate in a class action, class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person’s account, if the Center, or any of its officers, directors, employees, or agents is a party to the proceeding.
8.4. These Terms and Conditions are subject to change at any time.