Terms and Conditions READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ADDRESS YOUR PAYMENT OBLIGATIONS AND OTHER TERMS WITH RESPECT TO YOUR ENROLLMENT IN ANY/ALL HIGH ALTITUDE TENNIS LLC PROGRAM. BY SIGNING UP FOR THE HIGH ALTITUDE TENNIS LLC PROGRAM YOU (“YOU”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME (THE “AGREEMENT”). PAYMENT; INVOICES; CREDIT CARD AUTHORIZATION You agree to promptly pay High Altitude Tennis, LLC (“High Altitude Tennis”, or “HAT”) for all services it provides. High Altitude Tennis will, from time to time, prepare and send You invoices setting forth amounts due and owing regarding Your participation in the program you have registered for. The total amount of each invoice is due and payable at the specified billing date. For all payment options a $35 accounting fee will be assessed on each invoice (with the exception of the “paid in full” option.) There is a 5% late fee for all past due amounts (and an additional 5% late fee for every 30 days a past due amount the remains delinquent off of the amount due). Your failure to promptly pay when due any amount due to High Altitude Tennis constitutes a default under this Agreement. In the unlikely event that a payment is past due, High Altitude Tennis reserves the right to immediately remove the student from the attending program without a refund, in addition to any other remedies that may be available to High Altitude Tennis at law or in equity. In the event You are paying with a credit card, You grant and authorize High Altitude Tennis, at its discretion, the right to charge Your credit card for the payment of all fees due and owing to High Altitude Tennis. CANCELLATION, TERMINATION AND REFUND POLICY Due to limited enrollment and out of pocket expenses incurred by High Altitude Tennis LLC in advance of each programs start date, once a student/family has confirmed their attendance in any High Altitude Tennis LLC program (Including but not limited to: Full Time, Team, Prep, Summer, Lessons, Training Trips, Adult, etc), any payments scheduled and/or agreed upon are due regardless of the time/date of cancellation (self removal) or removal; no exceptions. Severe medical issues will be handled on a case-by-case basis. Full Time Program (Boarding and Non-Boarding) - There are no refunds, credits or make-ups for the Full Time Academy. The Full Time Academy is a private tennis school and all costs to High Altitude Tennis are accounted for upfront (tennis coaches, fitness coaches, chef, booking specialist, court time, etc.). Injured students are expected to attend their normally scheduled practice times and complete the No Impact Skills Practice Protocol until they are medically cleared to play. If a student is on bed rest, they may remain at home, but are expected back at High Altitude Tennis to complete their No Impact Skills Practice Protocol once they are cleared from bed rest. High School Tennis Policy (Full Time Students) – If an attending student decides to play high school tennis, it is up to the attending family to arrange an appropriate practice schedule with the high school coach. High Altitude Tennis staff with not be responsible for arranging any practices with the high school tennis coach for the player. The player must attend a minimum of 15 hours per week at High Altitude Tennis. If the player is not at a high school match, the player will be required to attend the tournament schedule provided in the presentation packet. There are no refunds or credits due to missed practices if a student chooses to play high school tennis. If the high school coach does not agree to the terms above, the player must decide if they will forego high school tennis or self remove from the Full Time Program without a refund. The student’s family will be responsible for all fees and charges due to High Altitude Tennis agreed upon in their contract. Team and Prep Academy Students May inquire about adding or switching days within any reserved or registered session by contacting michael@highaltitudetennis.com. Additional fees may apply, and there is no guarantee that a previously reserved session may be switched. Due to limited enrollment, once the number of days you would like to attend for any/all future or current sessions is confirmed/booked, a reduction in days will not be allowed. Summer, Team and Prep Academy Students may make up missed classes due to: (i) Tournaments (according to the tournament policy); or (ii) Serious Injury (a doctor’s note is required and must state the player is not medically cleared to attend school or environments similar to school). If a student is medically cleared to attend school or environments similar to school, they will not receive a credit or have an opportunity for a make up day. Injured students are expected to attend their normally scheduled practice times and complete the No Impact Skills Practice Protocol until they are medically cleared to play. If a student is on bed rest, they may remain at home, but are expected back at High Altitude Tennis to complete their No Impact Skills Practice Protocol once they are cleared from bed rest. Missed classes due to tournaments or serious injury (a doctor’s note is required and must state the player is not medically cleared to attend school or environments similar to school) that are not made up by the completion of the session, will be put as credit on file. Tournament policies: during summer, students may receive a half-day of credit when matches begin between 8 am and 11 am or 1pm and 4 pm. If a student’s match begins during one of those times previously listed, students are expected to attend the morning or afternoon session the day of their match and will not receive a full day credit if they elect not to attend. Students may receive a full day credit for summer classes if their tournament match begins between 11:00 am and 12:59 pm. During the fall/winter/spring Team Academy program, students may receive a credit for tournaments starting between 3 pm and 7:00 pm or out of state tournaments. Full Time and Hybrid Program Tournament Travel: High Altitude Tennis will be making all booking arrangements as part of the student’s package. The students’ families will be responsible for all of the coach’s travel fees including but not limited to flights, hotel rooms and meals. These fees will be divided equally among all of the players attending. Each student’s family is also responsible for all of the student’s fees incurred on a tournament trip including but not limited to flights, hotel rooms, rental cars, tournament registrations and meals. Full Time and Hybrid Program Students are required to attend all tournaments the High Altitude Tennis has designated for them. The High Altitude Tennis staff reserves the right to change the tournament schedule at any time to ensure that each student is able to attend the appropriate tournaments required for maximum development. Returning early from a tournament: Full Time and Hybrid Program Students may return from a tournament early if and only if all of the following pre-requisites are met: 1) Student(s) are out of the competition before the originally scheduled return date, and 2) all parties involved agree to return early, and 3) there is an additional coach available to fly back with the student(s) leaving early, and 4) the ratio of student(s) to coaches still at the tournament remains 6-1; and 5) all of the remaining students are at the same tournament site. If the remaining students are at multiple sites, the additional coach will need to stay for safety reasons and the student(s) out of the competition will also remain for the entire length of the scheduled tournament trip. Please note: The family(ies) of the student(s) leaving will be responsible and charged for all change fees for the player and coach (the coach’s change fees will be divided equally among the players leaving early). If a player is out of a tournament early and a parent(s) is attending a trip, they can leave early. The family is responsible for all of the change fees of the student in addition to arranging all bookings including the appropriate flights and cancellation of the hotel rooms for the student. Any missed classes due to illness (unless severe with a Doctor’s note) will be forfeited (no credits or make up days will be awarded). Fax all Doctor’s notes to 303-841-8554 or email to michael@highaltitudetennis.com. We understand vacations are a part of family life, so Team, Prep and Adult academy students may pro-rate upcoming session(s) if the High Altitude Tennis LLC staff is informed at the time of registration. Any requests for credit due to vacations that were not confirmed at the time of registration will not be considered. We teach and expect our players to manage their time appropriately as we are preparing them for the challenges of college life (tennis/school). That being said, there will be no refunds and no credits allowed for days missed for schoolwork of any kind. Being that we are a school first academy we are 100% open to entertaining requests to complete studies during HAT practices at the HAT facility. You may submit those requests to michael@highaltitudetennis.com. Parent Co-Coaching Policy: We have a strict parent co-coaching policy and violation of this could result in removal from the program. We have this policy in place to ensure that each student is able to achieve his or her maximum potential. The parent – coach – player relationship is very important and it is key to understand that when it comes to the tennis part, we have that handled. INDEMNIFICATION You hereby indemnify, defend, and hold harmless High Altitude Tennis and its employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your breach of any term of this Agreement, or Your participation in the Team Program. High Altitude Tennis will provide You with notice of any such claim or allegation, and High Altitude Tennis will have the right to participate in the defense of any such claim at its expense. GENERAL TERMS Nonassignment. You may not assign or transfer any of Your rights hereunder, and any attempt to do so will be null and void. Entire Agreement. This Agreement, and the High Altitude Tennis Liability Waiver and Medical Release executed herewith, sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the players participation in the Team Program. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. Execution of Liability Waiver & Medical Release. You acknowledge and agree that you will not be allowed to participate in the Team Program unless and until you have made the payments required herein, and have delivered to High Altitude Tennis a fully executed High Altitude Tennis Liability Waiver and Medical Release. Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, Colo. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party. Change to These Terms and Conditions. High Altitude Tennis reserves the right, at any time and without notice, to add to, change, update, or modify the website and these Terms and Conditions, simply by posting such addition, change, update, or modification on the website. Any such addition, change, update, or modification will be effective immediately upon posting on the website. Your use, or continued use, of this website and/or High Altitude Tennis’ services after such change, update, or modification is posted constitutes your acceptance of this Agreement as modified by the posted changes. You should visit this page from time to time to review the then-current Agreement, because it is binding on you. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been posted on this website, or otherwise provided to you. © High Altitude Tennis LLC 2009 All Rights Reserved