Terms and Conditions of RACFIT OPERATIONS LLC
These Terms govern:
- the use of this website and services provided by RACFIT OPERATIONS LLC, and
- any related agreement or legal relationship with the Owner in a legally binding way.
By using this Application, you agree to be bound by these Terms.
Owner Information
RACFIT OPERATIONS LLC
Buda, Texas
Contact: [email protected]
Terms of Use
By accessing or using the Application, you confirm that:
- You meet all eligibility requirements;
- You agree to comply with these Terms in full;
- You accept all risks related to facility use and participation in RacFit programs.
Waiver and Release of Liability
1. Acknowledgment of Risk
You understand that RacFit’s activities—including but not limited to tennis, pickleball, fitness training, youth programs, recreational sports, and use of onsite amenities—involve inherent physical and environmental risks. This includes the risk of personal injury, illness, property damage, or death.
You voluntarily accept all such risks, including those arising from the negligence of RACFIT INVESTMENTS LLC, its employees, contractors, volunteers, and affiliates.
2. Release and Waiver of Claims
In consideration of your access to RacFit facilities and programs, you hereby:
- Release and waive all claims of liability against RacFit for personal injury, illness, property damage, or wrongful death;
- Discharge RacFit from all claims arising from negligence or misconduct;
- Agree that this waiver is binding upon your heirs, legal representatives, and assigns.
3. Minors and Parental Consent
RacFit welcomes participants of all ages; however, users under the age of 18 (“Minors”) may only access RacFit facilities, services, or participate in programs under the following conditions:
- Parental/Guardian Consent: All Minors must have the consent of a parent or legal guardian to participate in RacFit activities, including but not limited to lessons, camps, clinics, and fitness programming. Consent must be given through a signed waiver or enrollment form prior to participation.
- Supervision Requirements: Minors under the age of 13 must be accompanied by a parent, guardian, or authorized adult unless enrolled in a supervised program.
- Responsibility: The parent or guardian is responsible for the Minor’s conduct and compliance with all RacFit rules and policies.
- Medical Authorization for Minors: By allowing a Minor to participate, the parent or legal guardian agrees to the Medical Authorization section of these Terms and consents to emergency medical treatment for the Minor, if needed.
- Media Release for Minors: By enrolling a Minor in RacFit activities, the parent or guardian consents to the use of photographs and videos of the Minor in RacFit promotional or marketing materials, unless a written opt-out request is submitted.
4. Indemnification
You agree to indemnify and hold harmless RacFit against any and all claims, damages, or expenses (including legal fees) resulting from your use of the facilities, participation in programs, or violation of these Terms.
5. Medical Authorization
You authorize RacFit personnel to secure emergency medical treatment on your behalf (or on behalf of your child) if necessary. You assume full financial responsibility for any related medical care.
6. Photography and Media Release
You grant permission to RacFit to use photographs, videos, or recordings of you (or your child) taken on premises for promotional or commercial purposes. You may opt out in writing at any time.
7. Childcare Services (Ages 3–12)
RacFit offers supervised childcare services (“RacFit Active Care”) for children ages 3 to 12, available to members and guests while on-site and for up to a 2-hour maximum period.
By enrolling a child in our childcare services, the parent or legal guardian agrees to the following:
Eligibility & Enrollment
Children must be between the ages of 3 and 12 and fully potty-trained to participate. Enrollment requires completion of all required forms, including emergency contact and medical information.
Supervision & Conduct
RacFit provides qualified staff to supervise children during posted hours. RacFit reserves the right to remove any child from care due to illness, unsafe behavior, or noncompliance with facility rules.
Parental Presence
A parent or legal guardian must remain on RacFit premises while their child is in Active Care. Children may not be left at the facility if the parent leaves the property.
Health & Safety
Children showing signs of illness will not be admitted. If a child becomes ill or injured while in care, RacFit staff will attempt to contact the parent immediately and may administer basic first aid or contact emergency services if necessary.
Liability Waiver
The parent or guardian accepts all risks associated with participation in RacFit childcare services and agrees to hold RacFit harmless from any injury or incident except in cases of gross negligence.
Media Release
By using RacFit childcare services, the parent consents to the use of photographs or videos of their child for internal or promotional purposes unless an opt-out is submitted in writing.
Acceptable Use
You agree not to misuse the Application or its services. Misuse includes—but is not limited to—unauthorized access, unlawful activity, transmission of malware, or interference with operations.
Privacy Policy
Users are encouraged to refer to RacFit’s Privacy Policy for details on how personal data is collected, used, and protected.
Intellectual Property
All trademarks, service marks, logos, designs, and other intellectual property on this Application are the property of RACFIT INVESTMENTS LLC or its licensors. Users may not copy, use, or reproduce this material without prior written permission.
Changes to Terms
RacFit may update these Terms at any time. Continued use of this site after changes are posted indicates acceptance of the revised Terms. You are responsible for reviewing the Terms regularly.
Assignment
RacFit may assign its rights or obligations under these Terms at any time without notice. Users may not transfer or assign their rights without prior written consent from RacFit.
Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Texas. Any legal action arising from these Terms or your use of RacFit’s services shall be exclusively resolved in the state or federal courts located in Travis County, Texas.
SMS Marketing Terms
By opting into our SMS marketing program, you consent to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from [Your Company Name] at the mobile number used when signing up. Consent is not a condition of purchase. Message frequency varies. Standard message and data rates may apply.
Opt-out: You can reply “STOP” to cancel at any time. After sending “STOP,” you will receive one additional message confirming your opt-out.
Help: For support, reply “HELP” or contact us at [support email or phone number].
Data Collection: We may collect information about your interactions with our messages, such as delivery status and response rates, to improve our services. For more details, please review our [Privacy Policy link].
Carriers: Wireless carriers are not liable for delayed or undelivered messages.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.