Extreme Studio Performance LLC (“ESP”) will provide indoor turf field time to you according to the Term of Agreement.
Consideration: You agree to pay to ESP for the exclusive use of the court time agreed to herein. By signing this Court Time Agreement, you agree to pay for the court time on the days, times and months noted above. Your obligation to pay for court time continues regardless of whether or not the court time is utilized by you.
Additionally, you agree to be bound by the provisions delineated below:
- Any cancellation by ESP of court time, due to weather, will be credited to you.
- ESP will not credit court time for cancellation by you on dates which ESP was not forced to close due to weather.
- Any cancellation of court time by you must be made at least thirty (30) days in advance, by written notice, not to exceed 40 total hours per year.
- Any attempted cancellation which does not adhere to the conditions of paragraph three (3) will receive neither, rescheduled court time, nor remuneration of any sort.
- You agree to abide by the following ESP Rules:
a. No cupcakes, cakes, cookies or other food items will be allowed on any part of a field or exercise area.
b. No trash, balls or equipment will be left on a field or exercise area.
c. Each violation will be documented by field and coach. You will be notified within 24 hours of any violations of the court rules and expected to resolve the violations immediately.
- All payments are due one month in advance (i.e. payment for July is due on July 1st).
- All payments are due on the first (1st) of every month. Any payments received after the fifth (5th) day of the month shall be charged a late fee of $15.00 per day until payment is received.
- If payment for the month has not been received by the tenth (10th) of the month, ESP shall have the right to cancel any additional indoor turf field time held by you at your expense and offer the court time to another entity or coach of its choosing.
- You agree that all participants who use the indoor turf field, participate in any practice or group training at ESP, or who use exercise equipment at ESP will sign an Adult or Minor Waiver Release, provided by ESP prior to first use of the indoor turf field or exercise equipment and/or exercise areas.
- You are responsible for having each coach/assistant coach/agent/player, employee or trainer sign and enforce the attached rules for ESP before your first use of the indoor turf field, exercise equipment, or exercise area.
- You will notify all parents that only their children may be on the indoor turf field, using the exercise equipment, or in the exercise area. No Parents or siblings are allowed. NO EXCEPTIONS.
- RELEASE AND HOLD HARMLESS. YOU AGREE TO, AND DO, RELEASE AND HOLD HARMLESS EXTREME STUDIO PERFORMANCE AND EXTREME STUDIO PERFORMANCE LLC, ITS MEMBERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT THE EVENT ("RELEASED PARTIES"), FROM ALL LIABILITY AND DAMAGES FOR ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INCIDENT TO THIS AGREEMENT, ARISING FROM OR IN ANY MANNER RELATED TO, INVOLVEMENT OR PARTICIPATION IN ACTIVITIES DESCRIBED HEREIN, EVEN IF CAUSED BY THE EXPRESS NEGLIGENCE OF EXTREME STUDIO PERFORMANCE AND/OR EXTREME STUDIO PERFORMANCE LLC THEIR MEMBERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT ANY EVENT (A/K/A “RELEASED PARTIES”), AND SPECIFICALLY RELEASE, AND HOLD HARMLESS THE RELEASED PARTIES FROM THEIR OWN NEGLIGENCE; AND
- YOU AGREE TO AND DO INDEMNIFY AND HOLD EXTREME STUDIO PERFORMANCE AND EXTREME STUDIO PERFORMANCE LLC, ITS MEMBERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS HARMLESS FROM AND AGAINST ANY AND ALL SUITS OF ANY NATURE OR KIND CAUSED BY, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE ACTIVITY CONDUCTED ON THEIR PREMISES, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF EXTREME STUDIO PERFORMANCE OR EXTREME STUDIO PERFORMANCE LLC.
Any failure of ESP to exercise any of its options or rights under the terms and conditions of this contract, shall not act as a waiver of any other provision of the contract or its right to terminate this agreement and offer the indoor turf field time to another club, entity or person. Further, if any portion of this contract is declared void, it is the intention of the parties that the remainder shall remain in full force and effect.
This Court Time Agreement will be interpreted in accordance with the laws of the state of
Texas. Further, the parties agree that mandatory venue for any dispute under this Court Time Agreement is proper and shall be in the County or Judicial District Courts of Dallas County, Texas. By attaching its signature hereto, Coach hereby waives any complaint to the exclusive venue and jurisdiction provisions of this paragraph.
Policies and Rules
All coaches/assistant coaches/trainers, agents or persons in charge of a court being used in the facility will be responsible for the conduct of all participants associated with that field, exercise equipment, or exercise area.
All coaches/assistant coaches/trainers, agents and players on an indoor field being used in the facility are responsible for picking up all trash, balls and equipment.
All coaches/assistant coaches/trainers, agents and players are responsible for the arrival and departure of their athletes
- You must be present for athletes’ arrival; and
- You must stay until all athletes have been picked up or have left Extreme Studio Performance.
All coaches/assistant coaches/trainers and agents must abide by scheduled turf field times
(when your time is up – leave the field).
No alcoholic beverages in building or on facility property.
No smoking, chewing tobacco or gum in building.
No firearms or weapons of any kind in building.
No water bottles and sport drinks are allowed on turf fields.
ESP is not responsible for any broken, lost or stolen items.
I have read and understand the above rules and will abide and enforce them.
Date Signed: November 20, 2018