Membership Terms & Conditions

CHARLOTTE BASKETBALL PERFORMANCE CENTER LLC RENTAL, LICENSING, AND CONDUCT AGREEMENT THIS AGREEMENT

 (the “Agreement”), made as of the date below by and between CHARLOTTE
BASKETBALL PERFORMANCE CENTER LLC (the “Manager”), whose business address 1202 South Church Street, Charlotte, North Carolina 28203, and the coach, client, customer, guardian, agent, or otherwise present persons as signatory hereinbelow and further described on the FIRST ADDENDUM (the “Renter” or collectively, the “Parties”).
In consideration of the Mutual promises and covenants contained herein, the Parties agree as follows:

1. Space Use. Provided payment has been collected, Manager hereby grants to Renter a limited and revocable license (the “License”) to use the facilities located at 1202 South Church Street, Charlotte, North
Carolina, 28203 (the “Space”). The license permits Renter to use the Space only on the Specified Date, during the specified hours, and only for the purposes set forth in this Agreement.
2. Specified Date(s). The use of Space shall be held on the dates and times as agreed by the Renter and the Manager, provided payment has been collected by Manager. Renter shall not have access to the Space at
any time other than during these hours on the Specified Date, unless Renter receives prior written permission from Manager.
3. Payment and Fees. Renter shall pay to Manager the total fee for the use of the Space, which must be paid to Manager upon the execution of this Agreement and prior to any future use. Payment shall be provided
upfront per any invoice, standard rate, special rate, self-checkout, and so forth as presented by Manager. Manager shall have no obligations under this Agreement until the fee is paid in full. The total fee is due in
full upon receipt. If Renter fails to pay the full fee upon receipt, Manager shall have the right to revoke the License and to keep any paid fees. There may be additional fees for special use.
4. Cancellations. If Renter cancels the reservation for any reason within seven (7) days of the reservation, Manager shall be entitled to retain the entire fee. If Renter cancels the reservation seven (7) days or more
before, the Manager has the option to schedule a new date and the payment for the fees may carry over. If Manager cancels the reservation for any reason, the Renter shall be entitled to an entire fee refund or rescheduling.
5. ConditionofPremises. Unless otherwise specified, the Space shall be provided as-is, and Manager makes no warranty to Renter regarding the suitability of the Space for Renter’s intended use. Renter
shall leave the Space in the same or similar condition as when Renter entered. Renter shall be responsible for any damage caused to the Space beyond ordinary wear and tear, and shall be required to arrange for
the repair of any such damage. In the event that Renter does not satisfactorily arrange for such repair, Manager shall be entitled to arrange for any necessary repairs at Renter’s expense. Renter shall reimburse
Manager for such repairs within seven (7) days of receipt of Manager’s written request for reimbursement, which request shall be accompanied by written verification of the amount of expenses incurred.
6. Right of Entry. Manager shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Manager’s property, or injury to any person in or near the Space.
7. Indemnification. Renter hereby indemnifies and hold harmless Manager, building owner, its employees, officers, and directors for any damages, actions,suits, claims, claims or other costs (including 2 reasonable attorney’s fees) arising out of or in connection with any damage to any property or any injury caused to any person (including death) caused by Renter’s use of the Space, or omissions on the part of Renter its employees, officers, directors, independent contractors, or other agents. Renter shall notify Manager of any damage or injury of which it has knowledge in, to, or near the Space, regardless of the cause of such damage or injury.
8. Permitted Use.Renter is authorized pursuant to the License to use the space to engage in the services, including, but not limited, basketball games, working out, cardio conditioning, weightlifting, individual events, team events, and for no other purpose, unless Manager gives Renter written authorization for additional permitted uses. Renter may not use the space in any manner that may render the insurance for the Space or upon any of Manager’s property void, or which may result in increased insurance premiums
for Manager with respect to the Space or any other of Manager’s property.
9. Liability Insurance. Renter shall carry liability insurance, including business liability insurance to cover foreseeable incidents.
10. Code of Conduct. Each such Renter, Agent, Client, and so forth shall be advised of the code of conduct via the Renter, which shall include, but not be limited to, taking care to avoid harming others, avoiding selfharm, using equipment as it is intended to be used, engaging in sportsmanlike behavior, abstaining from reckless or indifferent attitudes towards others and events, avoiding waste and damage, notifying staff of any violation of this said code of conduct.
11. Capacity. The number of individuals must be agreed by the Manager.
12. Scope of Use. All non-listed services and use of space must be approved by a Manager representative prior to the use of Space.
13. External Items. All external items and equipment, and personal items of the Renter or guests should be approved by the Manager and removed upon conclusion of use.
14. Use and Likeness. Use of the Manager logo and/or any image reproduced of the Manager is expressly prohibited unless prior written approval for use and reproduction has been obtained. Conversely, use of the Renter, agent, client, customer, and forths name, likeness, image, and so forth is granted for the Manager’s use, which permission may be revoked in writing by Renter.
15. Utilities. Any special electricalrequirementssuch assound systems, lights, etc., must be arranged in advance and may incur an additional charge.
16. Alcoholic Beverages. No alcohol or illegal substances are permitted.
17. Compliance with Laws. Renter shall obtain and maintain any necessary permits, licenses, or other forms of permission necessary to use the Space according to the permitted uses set forth a lawful manner.
Renter shall not use the Space in any manner that would violate local, state, or federal laws or regulations. Renter hereby indemnifies Manager, its employees, officers, directors, or other agents for any damages,
penalties, fines, suits, actions, or other costs (including reasonable attorney’s fees) arising out of or in connection with Renters violation of any local, state, or federal law, rule, regulation or ordinance relatedto Renter’s use of the Space. 

18. Force Majeure. In the event that Manager is unable, for reasons beyond its control, to make the Space available to Renter on the Specified Date for the purposes as set forth in this Agreement, Renter shall have the option of choosing an alternate date (the “Alternate Specified Date”), at no extra charge to Renter. If Renter selects an Alternate Specified Date that is reasonably acceptable to Manager, then the Alternate Specified Date shall replace the Specified Date for the purposes of this Agreement and allobligations, rights, duties and privileges asset forth in this Agreement shall remain binding on the Parties.

If Renter and Manager cannot agree upon an Alternate Specified Date within thirty (30) days of the original Specified Date, then Manager shall refund to Renter the full amount of the Rental. In neither case shall Manager be liable for any additional costs or damages suffered by Renter (over above the fee) arising out of a rescheduling or cancellation pursuant to this Section.

19. Revocation. Manager shall have the right to revoke the License at any time prior to the Specified Date, provided it gives Renter prior written notice of revocation. In the event that Manager revokes the License prior to the use of Space for reasons other than nonpayment of fees or breach of this Agreement by Renter, Manager shall refund to Renter the full amount paid by Renter in connection with this Agreement, including the entire Deposit.

20. Assignment. Neither Party may assign or transfer their respective rights or obligations under this Agreement without prior written consent from the other Party.

21. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of North Carolina, without regard to conflicts of law principles.

22. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
23. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is
deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
24. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service,
addressed as follows:

To Manager: 6135 Park South Drive Ste 510, Charlotte, NC 28210
With copy to: Grabowski Law Firm, PLLC, 1515 Mockingbird Lane, Suite 700, Charlotte, NC
28209
25. Headings. The headingsforsection herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
26. Agreement. With the exception of the release and waiver, this Agreement constitutes the entire agreement between Renter and Manager, and supersedes any prior understanding or representation of
any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

SIGNED: DATE:
PRINT NAME: ___________________________________
SIGNED: **Bills e-signature here DATE:
PRINT NAME: Bill Kortesis
TITLE: Manager

FIRST ADDENDUM to the CHARLOTTE BASKETBALL PERFORMANCE CENTER LLC RENTAL, LICENSING,
AND CONDUCT AGREEMENT & RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
INDEMNITY AGREEMENT
I represent and warrant that I am responsible per this Addendum for the following individuals and such individuals
understand the terms contained in said agreements. Any individuals associated with me not listed, shall be considered added
hereto:

[first_name][last_name]

[membership_name] [billing_frequency]

[email]

[signature]