SHOOT 360 TERMS & CONDITIONS OF MEMBERSHIP
CONTRACT BILLING TERMS

Billing

• The member will be billed the agreed contract amount on the 1st of the month, regardless of usage rate.
• Once the member’s contract has been completed, the membership will continue to be billed until the membership is cancelled.
• The contract will automatically renew for the same duration after completion.
  • To avoid the contract from automatically renewing, the Member(s) must cancel the membership before the next contract renewal date.
• I authorize to have my card or account on file.
• Shoot 360 does not offer refunds. By agreeing to this policy, you acknowledge and accept that no refunds can be provided for non-usage or lack of cancellation by the member.

Suspending/Cancelling 

• Shoot 360 or Ultimate Fieldhouse will not cancel the membership on behalf of the member.
• ​Cancellations or suspensions cannot be accommodated by Shoot 360 or Ultimate Fieldhouse staff in-person, phone call, or text message. Members can only cancel or suspend their membership online or through the mobile app.
  
• Member(s) can be suspended up to three calendar months, with a suspension fee of $7 billed automatically per month.

• Cancellations can be done up to 30 days prior to the contract renewal date. Please note that early cancellation will incur a cancellation fee

• In the event of a multi-month commitment early cancellation (member cancelling before they have fulfilled the length of the signed contract) the member(s) must contact Shoot 360’s billing department at billing@shoot360.com to cancel the contract prematurely
• If the contract is terminated early, it is subject to an early cancellation fee of $300 for 12-month contract, $200 for 6-month contract, and $150 for 3-month contract
  

​​Late Cancellation/No Show Fees​

• Shoot 360 enforces a 6-hour workout no show cancellation and late-cancel policy. Participants will be charged for any pre-booked sessions that are 'Late Canceled' or are a 'No Show'
• Late Cancellation Fee: $10 - member calls/texts to cancel workout within the 6-hour window before a workout
• No Show Fee: $15 - member does not show up to a scheduled 30 minute Skills Workout or 30 minutes Shooting Workout (or both)

I authorize Shoot360 to automatically charge my card on file on the first day of each calendar month for may membership and to also charge it automatically for any no-show/late cancel fees as they are incurred.

FACILITY USE TERMS AND CONDITIONS

These Terms and Conditions apply to all Shoot 360 facilities and they are intended to govern your use of the facilities made available to you as a Shoot 360 member as they are more specifically referenced in the Membership Plan. They are not intended to deal with all conceivable issues. These Terms and Conditions are established by Shoot 360 to protect the facilities and to promote the health, safety, welfare, and enjoyment of the Members and their guests, and all other people using the facilities. Shoot 360 is committed to providing all Members and their guests with an enjoyable experience. To uphold these standards, Members and guests are expected to act in a manner consistent with good taste and decorum.

​Shoot 360 may amend these Terms and Conditions from time to time as it determines appropriate in its sole discretion.

General.

1. Members acknowledge that a facility may experience increased attendance at various times during the year and at peak periods during the day. Members agree that Shoot 360 has no liability if a Member encounters overcrowding during the term of their membership.
2. Shoot 360 reserves the right to reserve Shoot 360 facilities for special events, private parties, seminars, tournaments, or other activities. Such use may limit Members access to Shoot 360 facilities and Shoot 360 has no liability if a Member cannot access the Shoot 360 facility at a specific time.
3. Neither Shoot 360, nor its employees, will be responsible for lost or stolen articles of any kind or type in the facility. Any property found by Shoot 360 will be held by Shoot 360 at Member’s sole risk for a period of 48 hours, after which Shoot 360 may dispose of such property in its sole discretion.
4. Monthly Fees, Additional Minute Fees, guest fees, and other charges are subject to change at any time at the discretion of Shoot 360. Shoot 360 will provide Members at least 30 days prior written notice of any increase in Monthly Fees or Additional Minute Fees. All other changes to fees or assessment of new fees will be effective when posted on Shoot 360’s website.
5. Any damage done to Shoot 360 or its facility, equipment or property will be paid for by any Member who negligently or willfully causes such damage. Members are responsible for damage caused by dependent children and guests.
6. Tobacco, Cannabis, Alcohol or similar products or usage in any form is not permitted in any area of a Shoot 360 facility.
7. While Member is at the Shoot 360 facility, the Member must refrain from using loud, abusive, offensive, harmful, or slanderous language. Member must also refrain from unwanted touching, badgering, harassing, or soliciting other users of the facility or employees of Shoot 360. Physical, verbal or intentional emotional distress or abuse from any one Member to any other user of the facility or any employee, may, as determined in Shoot 360 absolute discretion, result in immediate termination or suspension of such Member’s membership.
8. Violations of any of these terms and conditions or any other Shoot 360 policies by a Member or persons in their family or guests, as determined by the absolute discretion of Shoot 360 management, will subject the Member to termination of their membership or a suspension of membership privileges for a period to be determined by Shoot 360.

A membership is subject to termination at the sole discretion by Shoot 360 for any reason at any time. If Shoot 360 terminates any membership without cause, any prepaid, but unused fees will be reimbursed to Member.

1. Membership does not confer or include any interest or ownership in the facilities or assets of Shoot 360. Membership grants no right to govern or control the affairs of Shoot 360, facilities, or activities. Notice of new policies is not required for Shoot 360’s policies and procedures to be binding and they will be binding upon posting on Shoot 360’s website.
2. Parents/Guardians who are not members of Shoot 360 will be allowed to enter Shoot 360 to pick up their children after they have completed an activity. Parents/guardians are allowed to observe their children’s workouts in designated viewing areas. Parents/guardians however, are not allowed to use any of Shoot 360’s training areas or equipment while they are in the building or participate in practices or other activities their child is participating in, unless it is a special event or tournament where such rules have been suspended.
3. Member gives unconditional permission to Shoot 360 to photograph me and/or my child(ren) and/or my guests, and to use the photographs to publicize Shoot 360 and its programs and activities in newsletters, brochures, program guides, advertisements and for other similar purposes.

Membership Information

1. A membership entitles Member to use the training facilities located at Member’s designated “home” facility. A membership is for one person and does not include spouse, siblings, or children. Member may use up to the number of minutes included in the membership, based on the level of membership. It is up to the Member to use Member’s minutes during each month during the facilities’ business hours. There are no refunds for unused minutes or if the time slots available are not suitable or desired by Member.
2. The one-time initiation fee is non-refundable.
3. Memberships are non-transferable.
4. After the minimum contract terms have been met, your membership will automatically renew for additional monthly periods and you will be obligated to pay your monthly dues, regardless of facility usage. Non-usage or fulfillment of the minimum contract terms does not exclude Member from monthly dues payments where Member hasn’t cancelled the Shoot 360 membership.
5. To cancel a membership, Member must go to www.shoot360.com, log into Member’s account, go to My Account and cancel the membership. Shoot 360 will not cancel a membership on the Member’s behalf. Memberships must be cancelled prior to the 1st day of the next month or that month will be due. There are no refunds of the current month for cancellations made after the 1st of the month.
6. Early cancellations (defined as a Member cancelling before Member has fulfilled the length of the signed contract) must contact Shoot 360’s billing department at billing@shoot360.com or speak to an authorized billing representative at Member’s facility to cancel the contract. In such case, an Early Cancellation Fee will be applied to the Member’s account.
7. If Member discontinues Member’s membership and later decides to re-join, such Member will still be required to pay another full Initiation Fee. However, a membership may be suspended for medical reasons, hardship, or other circumstances, each of which will require a written confirmation of the reason for the suspension. Whether the basis for suspension is sufficient is subject to determination by Shoot 360.
8. If Member desires to suspend Member’s membership and the Member’s home facility allows suspended memberships, Member may suspend the membership by going to www.shoot360.com, logging into Member’s account, go to My Account and suspend the membership. While the membership is suspended, Member may use the facility at the then current drop-in rate. Shoot 360 will not suspend a membership on Member’s behalf. Memberships can be suspended for a total of three months in a calendar year. A facility may choose to not offer a suspension option, in which case such suspension option is not available to Member.
9. Suspended memberships are automatically resumed on the 1st day of the month following the suspension end period. Members can resume the suspension early by paying the pro-rated monthly amount for the period remaining in the month.
10. If Member suspends the membership during the period where the initial contract length has not been met, the contract length is extended for the length of the suspension.
11. If Member suspends or cancels the membership, Member is allowed the full membership usage and privileges of the facility for the remainder of that month for which they have paid the full monthly membership amount.
12. If Member desires to change the terms of Member’s membership, Member may do so at a Shoot 360 facility in person and sign a new membership agreement. If An upgrade in a membership is made in the middle of the billing cycle and it will result in an increase, Member will pay the pro-rated difference for the remainder of the month.
13. Non-Members who wish to use a facility must pay the facility’s then-current drop-in rate and must abide by all policies applicable to that facility, including all policies governing conduct and access.
14. All memberships are non-transferable and intended for the sole use of the individual member whose name appears on the account. Memberships cannot be split, shared, or transferred to family members, parents, friends, or any other individuals. Each membership is exclusive to the account holder and cannot be used by anyone other than the designated member. Any attempts to share or misuse memberships will result in immediate suspension or termination of the membership privileges without refund.
    

Membership Accounts

1. To remain a Member and retain the privileges of the type of membership Member has selected, all fees due under this agreement must be paid in accordance with their due dates. Facility dues are payable monthly in advance, run continuously, and provide privileges for one month at a time.
2. Monthly dues are drafted from all accounts on the 1st of the month. If Shoot 360 receives closed account, stop payment, or insufficient fund returns for a member’s monthly dues, Member’s membership privileges will be suspended until the monthly payment is received and/or new payment information is provided.
3. If the Member is on a cash or check basis billing for Member’s monthly dues, this payment is due by the 1st of the month. If no payment is received after the 1st, membership privileges will be suspended.
4. If no payment has been received after 30 days, membership privileges will be suspended and the

membership may be cancelled at Shoot 360’s sole discretion.

Check-In

1. Members and guests using the facility must check in with the staff person at the front desk upon

arrival.

Guests and Guest Fees

1. A guest may use all of Shoot 360’s facilities. The guest will pay the current guest fee at the facility they are visiting. The guest is required to sign liability disclaimers.
2. Guests must abide by all policies of Shoot 360. The sponsoring member is responsible for the actions of their guests. Any equipment rented or issued to a guest becomes the responsibility of the Member who is liable for its return. The sponsoring Member is responsible for payment of any fees not paid by the guest.
3. Violation by a guest of the Member policies and any posted regulations are grounds for refusing that guest further membership privileges.

Facility Reservations and Usage

1. The shooting courts and ball-handling stations may be reserved for up to 30 minutes per each workout activity (shooting, ball-handling, etc.). Additional time may be scheduled after the workout time expires, provided there are available courts.
2. Courts may be reserved up to 7 days in advance.
3. Reserved courts must be canceled at least 2 hours in advance or Shoot 360 will charge the no-show penalty fee.
4. Reservations will be held no more than 10 minutes after the starting time. unless you notify the facility via phone call that you will be coming late.
5. No shows for a scheduled workout session are subject to a no-show penalty fee, as determined by each facility.
6. Reservations may only be made in person, by telephone during normal business hours, by mobile application, or on Shoot 360’s website.
7. No black-soled shoes, spiked high heels or shoes with soles that may mar the court surface may be worn on any courts. Proper etiquette is to be observed at all times. This includes relinquishing courts on schedule. Violators will be asked to leave without refund.
8. Appropriate clothing, including shirts and shoes, must be worn at all times.
9. No outside food or drink allowed, with the exception of water being allowed in designated areas.
10. It is recommended that users obtain a general fitness assessment before beginning the workout programs.

Rental of Shoot 360 Facilities
Shoot 360 may be rented to groups at the sole discretion of Shoot 360. The hours, days, and rates for rental of courts for private gatherings will be established by Shoot 360. Shoot 360 reserves the privileges of refusing rental of Shoot 360 if they decide the function is not in the best interest of Shoot 360 or its members.  Rental of the facility may require entering into a separate rental agreement.

Use of Shoot 360 by Outside Professionals
Shoot 360 does not allow teaching professionals or professional trainers who are not employed or contracted
by Shoot 360 to use Shoot 360 to instruct a Member.

Risk of Use of Facilities

1. Member acknowledges that the activities at Shoot 360 involve strenuous physical activity and may expose the Member to certain risks which include (without limitation):

• Member may be injured, physically or mentally, or may die
• Other persons participating in such activity may cause me injury or may damage my property
• Member may cause injury to other persons or damage their property
• The conditions in which the activity is conducted may vary without warning
• There may be no or inadequate facilities for treatment or transport of me if I am injured
• I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.

Member is solely responsible for determining if Member is physically fit and/or skilled for the activities in the facility. Member is also solely responsible for determining if Member needs personal protective equipment to participate activities in the facility.  It is always advisable, especially if Member is pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any high risk physical activity.

1. Member acknowledges and agrees as follows:

• MEMBER, ON BEHALF OF MEMBER AND MEMBER’S ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHOOT 360 AND OTHER OPERATORS, FRANCHISEES, ADMINISTRATORS, VENDORS OR PROVIDERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, CONTRACTORS, AND ADVERTISING/MARKETING AND PROMOTION AGENCIES (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES (INCLUDING, WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES), LOSSES, EXPENSES AND LIABILITIES, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY), RELATING TO ANY CLAIM MEMBER MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, FINANCIAL OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY MEMBER OR ANY THIRD PARTY AS A RESULT OF, AND/OR IN CONNECTION WITH, YOUR PARTICIPATION IN THE FACILITY, ANY USE BY SHOOT 360 OF FEEDBACK YOU PROVIDE, YOUR PUBLICITY RIGHTS, OR IN CONNECTION WITH YOUR ACCEPTANCE, USE OF, MISUSE OF, AND/OR INABILITY TO USE ANY MATERIALS OR TRAINING PROVIDED TO YOU, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE “RELEASED CLAIMS”). YOU UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.; and

General

1. This Agreement will be for the benefit of each of the parties’ successors and assigns. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. Member acknowledges that Member will not be entitled to any injunctive or other equitable relief in connection with your participation at the facility. ****Nothing in this agreement will create a joint venture, agency, or other formal business relationship of any kind.
2. This Agreement is governed in all respects by the laws of the United States of America and by the laws of the facility’s state and local governments with regard to the principles of conflicts of laws thereof. Any litigation arising out of this Agreement must be brought in the federal or state courts located in the county and state in which the non-filing party is headquartered or reside. Each of the parties irrevocably consents to the personal jurisdiction of the federal and state courts located in such courts.
3. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.
4. No term or provision hereof will be considered waived by Shoot 360, and no breach excused by Shoot 360, unless such waiver or consent is in writing signed by Shoot 360. The waiver by Shoot 360 of, or consent by Shoot 360 to, a breach of any provision of this Agreement by Member, will not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by Member. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the parties in writing.