the Terms & Conditions file here

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