Operated by Ranier Rec LLC dba Sideout Pickleball Centers
IMPORTANT LEGAL NOTICE: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING OR AGREEING TO THESE TERMS. THIS AGREEMENT CONTAINS IMPORTANT LEGAL PROVISIONS THAT AFFECT YOUR RIGHTS. BY SIGNING THIS DOCUMENT OR CLICKING TO ACCEPT THESE TERMS, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT AND WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR CERTAIN CLAIMS.
This Membership Agreement (“Agreement”) is entered into between you (whether participating as a member, guest, or visitor) (“Participant,” “you,” “your”) and Ranier Rec LLC, doing business as Sideout Pickleball Centers (“Sideout,” “we,” “our,” “us”).
For purposes of this Agreement, “Sideout” includes Ranier Rec LLC and all of its affiliates, subsidiaries, parent companies, officers, directors, members, managers, employees, contractors, agents, volunteers, consultants, insurers, legal counsel, successors, assigns, and representatives, as well as their respective spouses, heirs, executors, and personal representatives.
The term “Participant” includes you and extends to your spouse or domestic partner, children, and any other minors under your legal guardianship or for whom you have authority to provide consent, as well as your heirs, personal representatives, beneficiaries, and assigns.
This Agreement sets forth both parties’ rights and obligations. All memberships are tied to a specific Sideout location and are non-transferable between clubs unless otherwise expressly stated in writing.
This Agreement governs your relationship with Sideout and is entered into as consideration for your permission to:
“Facilities” encompasses all areas owned, operated, leased, or controlled by Sideout Pickleball Centers, including but not limited to: pickleball courts (indoor and outdoor), buildings, lobbies, reception areas, locker rooms, restrooms, storage areas, corridors, food service areas, parking areas, walkways, entrances, exits, and all other interior and exterior spaces.
“Activities” includes all recreational, competitive, educational, and social programs offered by or conducted at Sideout, including but not limited to: pickleball games and matches, tournaments and competitions, leagues and organized play, instructional clinics and lessons, camps and training programs, social events, corporate functions, equipment usage, and any other services, programs, or events sponsored, endorsed, or facilitated by Sideout.
The following memberships are available at sideouttsunami.com/side-out-tsunami-memberships.
Membership begins on either (a) the date of purchase or (b) the official opening date of your selected Sideout facility, if not yet operational. Your selected plan renews automatically unless cancelled in accordance with Section 6 below.
You acknowledge that your membership will renew automatically unless cancelled. The following cancellation terms apply:
No partial refunds will be issued for unused portions of any membership period.
As a condition of membership, you agree to:
As a condition of your permission to use the Facilities, participate in Activities, and access Club services, you agree to maintain the following standards of conduct at all times:
Violation of these conduct standards may result in immediate suspension or termination of your membership at Sideout’s sole discretion, without refund of any fees paid.
Court reservations operate on a first-come, first-served basis and are subject to availability. Sideout does not guarantee court availability at any specific date or time. Sideout reserves the right to modify, restrict, cancel, or suspend court reservations to accommodate special events, tournaments, maintenance, or other operational needs. Membership does not guarantee access to special events, which may require separate registration or fees.
Members may upgrade to a higher-tier plan by paying the applicable rate difference. Downgrades are not permitted mid-billing cycle. Membership suspension may be available as determined by Sideout in its sole discretion and subject to any applicable administrative fee.
Our privacy practices are outlined in our Privacy Policy, available on our website. By enrolling in membership, you consent to our data usage practices as described therein. You further consent to receive informational communications, promotional materials, appointment reminders, and operational alerts from Sideout via SMS, email, and automated calling systems. You may opt out of non-essential communications at any time by contacting info@sideouttsunami.com.
Sideout reserves the right to update, modify, or amend these terms or any Club offerings at any time. Significant changes will be communicated to members via email or Club posting. Your continued use of the Facilities following any changes constitutes acceptance of the modified terms. Any amendments to the liability waiver, risk assumption, or indemnification provisions of this Agreement will require your express written or electronic consent.
By entering into this Agreement, you grant Sideout and its authorized representatives the unrestricted right to use, reproduce, publish, and distribute photographs, videos, audio recordings, or other media capturing your likeness, voice, or image while on the Facilities or participating in Activities, for any promotional, marketing, or operational purposes. You release and discharge Sideout from any claims arising from the use of such media. This authorization extends to any children or minors under your supervision.
You represent and warrant that you are physically and mentally capable and competent to participate in all Activities at Sideout and have no known health problems, restrictions, or medical conditions that might jeopardize your health or safety or the health or safety of others. You further represent that you have consulted with appropriate healthcare providers and have been medically cleared to participate in all Activities offered.
You acknowledge that you have adequate health insurance coverage or financial resources to cover the costs of medical treatment in the event of injury or illness. You agree to be personally responsible for all costs associated with any emergency or other medical care that you or any minors under your supervision may require while participating in Activities at the Facilities.
In consideration of being permitted to become a member of Sideout, to use the Facilities, to participate in Activities, and to use Club equipment, products, and services, and with full knowledge and understanding of the potential risks involved, you acknowledge, understand, and agree to each of the following:
Although Sideout has implemented reasonable safety measures and provided appropriate facilities and equipment, certain risks are inherent in pickleball and related activities and cannot be completely eliminated or avoided.
The Activities offered by Sideout may be physically and mentally demanding, potentially dangerous, and involve risks of injury, illness, property damage, and death.
You assert that your participation in all Club Activities is entirely voluntary and that, with full awareness and knowledge of the risks involved, you knowingly and willingly assume all such risks.
The dangers, hazards, and risks associated with the Facilities and Activities include, but are not limited to:
Injuries or damages that may occur include, but are not limited to: personal physical injuries ranging from minor to severe; serious medical conditions including death, paralysis, brain injury, cardiac events, disfigurement, heat-related illness, fractures, sprains, and bruises; aggravation of pre-existing conditions; communicable diseases; pain and suffering; financial losses including lost wages and medical expenses; and loss or damage to personal property.
NEGLIGENCE ACKNOWLEDGMENT: YOU UNDERSTAND AND ACKNOWLEDGE THAT RISKS AND INJURIES ASSOCIATED WITH USE OF THE FACILITIES AND PARTICIPATION IN ACTIVITIES MAY BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF SIDEOUT, YOURSELF, OTHER MEMBERS, GUESTS, OR OTHER INDIVIDUALS. YOU FULLY UNDERSTAND AND, WITH COMPLETE AWARENESS AND KNOWLEDGE OF THE POTENTIAL RISKS, VOLUNTARILY AND WILLINGLY ASSUME ALL RISKS AND POTENTIAL INJURIES, INCLUDING THOSE CAUSED BY THE NEGLIGENCE OF SIDEOUT.
ON BEHALF OF YOURSELF, ANY CHILDREN AND OTHER MINORS UNDER YOUR SUPERVISION OR FOR WHOM YOU HAVE AUTHORITY TO PROVIDE CONSENT, YOUR HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, AND ASSIGNS, YOU HEREBY ASSUME ALL RISK AND LIABILITY IN CONNECTION WITH YOUR USE OF THE FACILITIES, PARTICIPATION IN ANY ACTIVITIES, AND USE OF ANY SIDEOUT EQUIPMENT, PRODUCTS, SERVICES, OR AMENITIES.
YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO BRING ANY LEGAL CLAIM OR ACTION AGAINST RANIER REC LLC DBA SIDEOUT PICKLEBALL CENTERS, INCLUDING ALL OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, VOLUNTEERS, INSURERS, ATTORNEYS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR USE OF THE FACILITIES, PARTICIPATION IN ANY ACTIVITIES, AND USE OF ANY CLUB EQUIPMENT, PRODUCTS, SERVICES, OR AMENITIES, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE, MISCONDUCT, OR OTHER ACTS OR OMISSIONS OF ANY OF THE RELEASED PARTIES.
If you are the parent, legal guardian, or other adult responsible for minors who will participate in Activities at the Facilities, you acknowledge that you understand the nature of the Activities and you believe the minors are qualified, competent, in good health, and in proper physical condition to participate. You hereby assume all risk and liability for the minors’ participation and release, waive, discharge, and covenant not to sue the Released Parties from any and all liability arising from the minors’ participation, including any damages caused in whole or in part by the negligence of Sideout, the minors, other members, or other individuals.
You further agree that if, despite this release, you, the minors, or anyone acting on behalf of the minors makes a claim against any of the Released Parties, you will defend, indemnify, and hold harmless the Released Parties against any losses, damages, liabilities, attorneys’ fees, costs, or other expenses incurred as a result of any such claim.
On behalf of yourself and any children or minors under your supervision, your heirs, next of kin, personal representatives, and assigns, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, losses, damages, lawsuits, costs, expenses (including attorneys’ fees), and liabilities, including any losses or claims alleged to be caused by the negligence, misconduct, or other acts or omissions of any of the Released Parties, other members or guests, minors, or other individuals, asserted against the Released Parties by any other person arising from, resulting from, or caused by your use of the Facilities, participation in Activities, or use of any Club equipment, products, services, or amenities.
Members are responsible for all applicable taxes associated with their membership and participation in Activities.
Membership and access to Facilities and Activities is provided “as is” with no warranties of fitness for a particular purpose or merchantability. Sideout makes no representations or warranties regarding the condition of the Facilities, the quality of instruction, or the outcome of any program or activity.
To the maximum extent permitted by applicable law, Sideout’s total liability to you for any claims arising under or related to this Agreement shall be limited to the total membership fees paid by you to Sideout in the three (3) months preceding the event giving rise to the claim, or $100, whichever is greater.
By entering into this Agreement, you waive all rights to bring any claim or action related to your participation in any Sideout program, use of the Facilities, or any other matter governed by this Agreement in any forum, more than one (1) year after the first occurrence of the act, event, condition, or omission upon which the claim or action is based. This limitation period applies regardless of any longer statute of limitations that may otherwise apply under applicable law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to this Agreement or your membership, including but not limited to disputes regarding the breach, termination, enforcement, interpretation, or validity of this Agreement, shall be resolved exclusively through final and binding arbitration administered by a mutually agreed-upon arbitration organization, in accordance with its applicable rules.
You and Sideout agree that any arbitration shall be conducted on an individual basis only, and not as a class, collective, consolidated, or representative action. YOU AND SIDEOUT EACH EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. The arbitrator shall not have authority to consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.
The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including injunctive or other equitable relief, but shall not have authority to order relief in excess of what this Agreement permits. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having competent jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration, any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the exclusive jurisdiction and venue of such courts.
If any provision of this Agreement is determined to be void, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be interpreted to give maximum effect to the intent of this Agreement.
Sideout’s failure to enforce any provision of this Agreement on one or more occasions shall not constitute a waiver of Sideout’s right to enforce that provision or any other provision on any future occasion.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, or agreements relating to such subject matter. This Agreement may not be altered, amended, or supplemented except by a written instrument signed by authorized representatives of both parties.
By becoming a member, you acknowledge and confirm that:
This document was prepared for Ranier Rec LLC dba Sideout Pickleball Centers. This Agreement is effective as of the date of signature and shall remain in effect for the duration of the participant’s membership or participation in Club activities.
2300 26th Ave S, Seattle, WA 98144
