Terms and Conditions:

Cancellation Policy:

Any program cancellation must be submitted at least 10 days prior to the start of the program class. There will be no refunds/credits after the program's start date. All individual program cancellations or changes will incur a $20 administrative fee.

Make-up Policy:

Cunningham Tennis does not offer makeups, credits, refunds, or carryovers for no shows and same day cancellations of a class. Cunningham Tennis does offer an end of season clinic. To qualify for a makeup notice of a student’s absence must be given at least one (1) day in advance of the absence.  Students are limited to 3 makeups per 15-week session.  Makeups must be done in the current session and cannot be carried over to future sessions.  Since makeups are scheduled for existing formed classes students must be flexible in their schedule or they may forfeit the ability to make up a missed class.

Disclaimer:

Management reserves the right to refuse admission to or eject, any person whose conduct fails to comply with the rules set forth in Cunningham Tennis’ Code of Conduct.  Terms and conditions are subject to change at Management’s discretion without advance/prior written notice.

Waiver:

IN CONSIDERATION of being permitted to participate in any way in a Cunningham Tennis program or any event-related thereto, EACH OF THE UNDERSIGNED, for him/herself, his/her personal representatives, heirs, and next of kin:

• HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Cunningham Tennis, Fundamental Tennis and Sports Inc., City of New York and all of their directors, officers, agents, volunteers and employees, (hereinafter referred to as “Releasees”) FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR  DEMANDS  THEREFORE ON ACCOUNT OF INJURY AND/OR EXPOSURE TO INFECTIOUS SYNDROMES OR DISEASES TO THE PERSON OR PROPERTY OR RESULTING IN ILLNESS AND/OR DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO PARTICIPATION IN ANY CUNNINGHAM TENNIS PROGRAM OR ANY EVENT RELATED THERETO, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

• HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the PARTICIPATION  IN ANY CUNNINGHAM TENNIS PROGRAM OR ANY EVENT RELATED THERETO, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.

• HEREBY acknowledges that THE ACTIVITIES OF ANY CUNNINGHAM TENNIS PROGRAM OR ANY EVENTS RELATED THERETO, MAY BE DANGEROUS and involve the risk of exposure to infectious syndromes and diseases, serious illness, injury and/or death and/or property damage and he/she ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, EXPOSURE, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.

• HEREBY grants to the Releasees (and grants to the Releasees the right to grant to others), as well as their successors and assigns, in perpetuity, the irrevocable right (but not the obligation), with or without my  knowledge,  to  film,  tape,  photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, prepare derivative works from or otherwise preserve, use and/or exploit in any format and/or manner now known or hereafter developed, whether commercial or non-commercial in nature (collectively, the “Use and Materials”): (1) my appearance at and/or participation in any Cunningham Tennis program or any event related thereto; (2) my name, likeness, signature, voice, singing voice, conversation, sounds, biographical data, testimonials, and/or any other information or material secured by the Releasees in connection with my appearance at and/or participation in the Cunningham Tennis program or any event related thereto. I agree that Releasees shall have the right to the Use and Materials, for their own account, throughout the universe and in perpetuity. I acknowledge and agree that I shall not be entitled to receive any compensation whatsoever in connection with the Releasees’ exercise of its Use and Materialsrights.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL   RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

In consideration of his/her participation in any Cunningham Tennis program or any event related thereto, Participant hereby acknowledges and knowingly and voluntarily assumes any and all risks of personal injury or property damages which might be associated with tennis, sports conditioning and fitness-related activities. Participant certifies he/she is in good physical condition, sufficient to use the facility and participate in the program. Participant, on behalf of him/herself, his/her heirs and anyone acting on Participant’s behalf, releases, discharges and holds harmless Cunningham Tennis, Fundamental Tennis and Sports Inc., City of New York and their respective officers, directors, employees and representatives (collectively, “Releasees”) from and against any and all claims arising, directly or indirectly, in connection with Participant’s participation in the program or any event related thereto from any cause whatsoever, regardless of whether caused by the negligence of the Releasees (the “Released Claims”). Participant, on behalf of him/herself, his/her heirs and anyone acting on Participant’s behalf, covenants and agrees not to bring or be a party to any legal action or claim against the Releasees from any reason based on any of the Released Claims.

Other:
Participant hereby authorizes any medical assistance or treatment deemed necessary in the event of any injury to Participant while participating in any activity. Participant has appropriate insurance, or, if not, Participant agrees to pay all costs of medical services incurred on his or her behalf. Participant agrees Cunningham Tennis and its designees may use Participant’s name, voice, photographs, likenesses, biographies, testimonials and statements, and other identification for any purpose relating to Cunningham Tennis activities and advertising.