Last Updated: November 29, 2023
Consent to Terms and Conditions
SECTION I - GENERAL TERMS
Use of the Site
Use of the Site
Provision of the Services by Sensa Padel
You acknowledge and agree that the form and nature of the Services which Sensa Padel provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Sensa Padel may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Sensa Padel’ sole discretion.
Before becoming a member and/or using the service, you are required to sign an additional Waiver and Release of Liability Agreement (“Waiver”). You are agreeing to sign this waiver and to request one from Sensa Padel’s staff if one is not offered to you. By signing this Waiver, you acknowledge and agree to the following terms:
A. You attest that you are healthy and fully physically able (i.e., have no injury, impairment, disability, disease, ailment or condition) to participate in the activities offered by Sensa Padel, including an exercise or sports regimen of your choosing, without undue risk of injury or other loss.
B. You acknowledge that you have voluntarily chosen to participate in a physical program that may involve strength, endurance, flexibility, aerobic, cardio or other exercises, and physical and emotional exertion and stress, all of which can be potentially hazardous, and you further acknowledge that the specific risks vary from one activity to another, such as but not limited to (1) minor injuries such as scratches, bruises, sprains, finger and nail injuries, and fainting; (2) major injuries such as fractures, anterior cruciate ligament injuries, eye injuries, joint or back injuries, heart attacks, rhabdomyolysis, and concussions; and (3) catastrophic injuries, including paralysis and death.
Agreeing to these terms involves voluntarily and knowingly acknowledging and assuming all risks associated with your failure to use reasonable care when using the service and/or your use of the service other than for its intended purpose, and you hereby agree to indemnify, defend, and hold harmless Sensa Padel from any and all claims of any nature whatsoever, including any property damage, personal injury, injury to others or death, to the extent any of the foregoing arise out of or relate in any way to your negligence, intentional acts and/or failure to exercise reasonable care when accessing and using the service.
Visitor Access to and Use of Locations
All visitors and customers will have access to and use of all of Sensa Padel’s facilities and enjoy all presently available amenities, offers, and services (applicable to their membership tier or services paid for) during business hours so long as the customer is in good standing (i.e., all payments are current, following the facility codes of conduct as posted in the location, following safety guidelines, and regulations).
All visitors and customers will strictly abide by all posted codes of conduct, safety guidelines, and regulations while using Sensa Padel’s facilities. Sensa Padel reserves the right to revoke any person’s access to the facility or membership at any time for any given reason. Sensa Padel is not responsible for the loss, damage, or theft of personal property of members or guests while in or on the club premises.
Merchandise and Equipment
All players are welcome to bring their own racket, balls and playing equipment. All Sensa Padel clubs offer padel rackets for a rental fee. If you’d like to purchase your own racket, balls, general merchandise or appare., you may also do so at our club’s retail store.
Disclaimers and Limitations on Sensa Padel’s Liability
All members, non-members and guests, in consideration of using Sensa Padel’s facilities, hereby release Sensa Padel and its owners, officers, directors, agents, and employees in connection with the use of Sensa Padel’s facilities from all losses and damages (including those caused by actions of Sensa Padel or its owners, officers, directors, agenets, and employees), and for all claims, suits, payments, and judgments, including legal fees, arising from personal injuries including death and all damage to personal property which may result from use of Sensa Padel’s facilities, except to the extent directly caused by negligence of Sensa Padel.
Sensa Padel will not in any circumstance be liable or obligated for any exemplary, special, punitive, or consequential damages, including any loss or damage of lost profits, revenues, or business opportunities, from any claim or dispute or whatever other source derived.
Collection of Information
Sensa Padel collects personal information such as name, contact details, payment information, and other relevant data necessary for membership registration, service provision, and enhancement of user experience. This may also include information gathered through the use of our website or facilities.
Use of Information
The information collected will be used for the following purposes:
- Membership and booking management, including bookings, payments, and access to facilities.
- Communication regarding services, offers, and updates.
- Improvement of Sensa Padel’s services and offerings.
- Compliance with legal obligations.
Protection and Sharing of Information
Sensa Padel is committed to protecting your personal information. We employ appropriate technical and organizational measures to prevent unauthorized access, disclosure, alteration, or destruction of your data. If you have any questions or concerns about our use of your personal information, please contact us at firstname.lastname@example.org.
Sharing of Information and Data Retention
Your personal information may be shared with third-party service providers who perform services on behalf of Sensa Padel, such as payment processing, member and booking management, and website hosting. We ensure that these parties are bound by confidentiality obligations and use your information only as necessary to perform their contractual duties. We will retain your personal information for as long as necessary to provide you with our services, comply with our legal obligations, resolve disputes, and enforce our agreements.
Your Data Rights
You have the right to access, correct, or delete your personal information. You may also have the right to object to or restrict certain processing of your data. To exercise these rights, please contact us at the details provided.
Media and Publicity
All attendees should be aware that filming and sound recording will take place at the venue from time to time. It is a condition of all bookings that attendees give their consent to their incidental inclusion in such filming or recording. Attendees agree and grant permission to Released Parties to capture, as well as grants all rights to, any videotapes, photographs, films, recordings, and other works captured at Sensa Padel’s properties (collectively, the “Materials”). The Materials shall be and remain the sole and exclusive property of Sensa Padel. Members/non-members grant Released Parties permission to use their and their guest's and invitees’ names, voices, images, logos, and/or visual likenesses (in each case whether actual or simulated, such as in a photograph, artist’s rendering, and/or video) (collectively “Likenesses”), as well as any Materials, for any lawful purpose of any Released Parties at any time without payment or consideration made to any of them, now or in the future. Members/non-members agree not to hold or seek to hold any Released Parties responsible for, and will hold Released Parties harmless for, any liability resulting from the use of the Materials or Likenesses including, without limitation, for any violation of any rights or privacy, publicity or other civil rights; for defamation, libel, or slander; or for any other violation of personal property, claim, or right.
In the interests of everyone’s enjoyment and safety, all members and non-members are expected to behave responsibly throughout the duration of their visit to the venue. The management of Sensa Padel reserves the right in its sole discretion to decline to honor a booking and/or eject from the premises any individual who is seen or believed to be drunk or under the influence of drugs; behaving in a violent, disruptive, harassing, or irresponsible manner; causing a nuisance to others; or responsible for or involved in the commission of a criminal or civil offense. Members and Non-members also agree to refrain from interfering with the ejection of any individual Sensa Padel chooses to eject and assist with such ejection upon the request of Sensa Padel. In addition, any and all damages and losses to the premises, including furniture, fixtures, decorations, or equipment caused by the member/non-member or member/non-member’s guests are the ultimate responsibility of the member/non-member and that member/non-member shall be charged accordingly.
Those present at the venue must comply with any instructions given by Sensa Padel staff coordinating activities taking place at the venue or in relation to health and safety or security matters.
All members and non-members must take responsibility for the safeguarding of their personal belongings while present at the venue. Sensa Padel accepts no liability for any loss or damage to an individual’s clothing or personal belongings. An optional coat/bag check room is available for members.
Security and Firearms
Members/non-members may not retain nor allow security personnel into the Event without the express pre-approval of an authorized representative of Sensa Padel. Firearms, explosives, knives, other weapons, and/or any other hazardous items (except only for the service weapons of on-duty federal, state, and local law enforcement) are strictly prohibited at our premises in accordance to local law.
Right to Refuse Service
Sensa Padel also reserves the right in its sole discretion to refuse admission to the venue, service and may conduct security searches on entry or at any other time or location on its premises.
Smoke Free Facility
In order to comply with local laws, Sensa Padel is a smoke free establishment.
Use in the United States
This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Links and Embedded Versions
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.
In connection with your use of the Website, you may not and you agree that you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Site;
- Dilute, tarnish or otherwise harm the Sensa Padel brand in any way, including through unauthorized use of the Material, registering and/or using Sensa Padel or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Sensa Padel domains, trademarks, taglines, promotional campaigns or Website content;
- Interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
Limitation of Liability and Warranty and Use Disclaimer
Sensa Padel endeavors to make sure that all information and data it originates on the Website is accurate. However, Sensa Padel is not responsible for any damages or loss related to the use of this Website.
By becoming a member or using Sensa Padel’s services, you agree to receive electronic communications from Sensa Padel. These communications may include emails, text messages, push notifications, and other digital formats related to our services, including membership management, bookings, updates, promotions, news, and other relevant information. It is your responsibility to ensure that your contact information is current and accurate. Please notify Sensa Padel of any changes to your contact information to ensure uninterrupted communication. Sensa Padel is committed to complying with all applicable laws and regulations regarding electronic communications and marketing, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and other relevant privacy and consumer protection laws. You have the right to opt-out of receiving marketing communications at any time. You can unsubscribe by following the instructions provided in the communication (e.g., clicking the “unsubscribe” link in an email) or by contacting Sensa Padel directly. Please note that opting out of marketing communications does not preclude you from receiving important transactional or service-related communications.
With respect to all communications you make to Sensa Padel directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Sensa Padel shall have no obligation to protect your communications from disclosure; (ii) Sensa Padel shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Sensa Padel shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.
Acquisition of Business
Copyright Infringement - Notice and Take-Down Policy
Sensa Padel values intellectual property and respects the intellectual property rights of others and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Sensa Padel in writing either by mailing a communication to 430 Park Avenue, 19th Floor, New York, NY 10022 or emailing email@example.com
In your notice, you must include the following:
- A physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- Identification of the copyrighted work(s) that is (are) allegedly being infringed;
- Identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Sensa Padel to locate such materials;
- Contact information (i.e., name, address, email address) sufficient to enable Sensa Padel to contact you;
- A statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Disputes and Governing Law
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the content and/or the Materials.
SECTION II - MEMBERSHIP TERMS
Becoming A Member
All booking, membership, and payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Matchi (https://www.matchi.se/home/useragreement). Please review carefully the terms and conditions of use on the Matchi Website. Sensa Padel is not liable to users for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Matchi terms.
As a Sensa Padel member, you agree to pay the initiation and recurring membership fees outlined below.
A. If you elect to join a monthly membership tier, you agree to pay an initiation fee upon signing up for a Sensa Padel membership as well as the first month’s membership fee. If the club is not yet open and you sign up for the membership pre launch of the club, the first month’s membership fee will be due at the time of club opening. The initiation fee will only be refunded if the club does not open within six months of signing up for a membership pre launch. Beginning the second month of the membership period, and for all subsequent months, the monthly membership fee shall be billed on an automatic recurring basis on the first day of the month unless membership is canceled in accordance with the
Membership Cancellation Rights.
Membership Cancellation Rights.
B. If you elect to join an annual membership tier, you agree to pay an initiation fee upon signing up for a Sensa Padel membership as well as the remaining balance of your annual membership.. If the club is not yet open and you sign up for the membership pre launch of the club, you agree to pay a pre launch deposit to secure your membership and the remaining annual fee will be due at the club opening. The pre launch deposit will only be refunded if the club does not open within six months of signing up for a membership pre launch. Deposits can be accounted towards the initiation fee in part or in full. Beginning the second year of the membership period, and for all subsequent years, the annual membership fee shall be billed on an automatic recurring basis on the anniversary of the Commencement Date of Membership unless membership is canceled in accordance with the Membership Cancellation Rights.
C. If you elect to join a founding membership tier, you agree to pay an initiation fee upon signing up for a Sensa Padel membership as well as the remaining balance of your founding membership.. If the club is not yet open and you sign up for the membership pre launch of the club, you agree to pay a pre launch deposit to secure your membership and the remaining founding membership fee will be due at the club opening. The pre launch deposit will only be refunded if the club does not open within six months of signing up for a membership pre launch. Deposits can be accounted towards the initiation fee in part or in full. Beginning the third year of the membership period (i.e., the two year anniversary of the member’s sign-up date), and every subsequent second year, the founding membership fee shall be billed on an automatic recurring basis on the second anniversary of the Commencement Date of Membership unless membership is canceled in accordance with the Membership Cancellation Rights.
Membership Cancellation Rights
Notice of membership cancellation may be delivered by the member at any time either in person at the club front desk, by telephone, or via email at firstname.lastname@example.org. If notice is given in person or by telephone, the date of the written confirmation received will act as the date of notice.
- For monthly memberships, you will not receive any refund if you are canceling before the 1-month minimum commitment period. Afterwards, you may cancel your monthly membership at any time and membership cancellation will take effect on the first day of the month subsequent to the date that notice of cancellation was provided. Beginning on this effective date, no further Membership Payments shall be due.
- For annual memberships, you will not receive any refund if you are canceling before the 12-month minimum commitment period. Afterwards, members wishing to cancel their annual membership will need to provide a 30-day notice before the next billing cycle and membership cancellation will take effect on the date of the member’s anniversary of the Commencement Date of Membership. Beginning on this effective date, no further Membership Payments shall be due.
- For founding memberships, you are unable to cancel your membership. Instead, you will be permitted to transfer your membership to another individual as per the conditions below.
Transfer of Membership
- Monthly members are unable to transfer their membership to any other individual.
- Annual members are permitted to transfer their membership to another individual up to a maximum of one time, pending Sensa Padel’s approval of the new proposed member.
- Founding members are permitted to transfer their membership to another individual up to a maximum of one time, pending Sensa’s approval of the new proposed member.
Members will have the ability to add up to 3 additional members to their account for an additional fee of $50 for all family members (e.g., Spouse, Children), pending Sensa Padel’s approval of provided documents by the member.
A family member is defined as a spouse, child and/or dependent under the age of 18 residing in the same household on a permanent basis. Each family member will get their unique member login to make bookings directly and all credits can be redeemed from the same family account. Added family members will also receive free off peak pickleball court bookings, be able to invite first-time friends to play padel or pickleball for free, receive invitations to all member events and benefit from event discounts.
Use of Credits
Depending on the membership plan you choose and purchase, you will be allotted credits to be used solely to book courts (Padel or Pickleball). You can choose how you use your credits across the various courts available to you. Once you sign up for a Sensa Padel account and purchase a membership, your credits will be automatically assigned to your account for immediate use.
- For monthly memberships, unused credits roll over for a maximum of one month. If the unused credits are still not used after the effective second month, they will not roll over into future months. If your membership is canceled or terminated your unused credits will expire at the end of your current cycle.
- For annual memberships, credits expire at the end of each membership cycle, meaning that any credits you don’t use will not roll over into subsequent years, unless we expressly communicate otherwise. If your subscription is canceled or terminated your unused credits will expire at the end of your current cycle.
- For founding memberships, you will not receive credits and will instead be permitted to reserve and play on our courts on an unlimited basis pending court availability.
Credits have no cash value or any other value outside of the Sensa Padel booking platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value in any way.
Membership amenities, offers, and services, including pricing for such amenities, offers, and services, are subject to change. Any forthcoming changes shall not go into effect until the first day of the subsequent month. Members shall be notified at least one 30 days prior to the implementation of any such change, providing them the right to cancel their membership, prior to its effective date.
As a Sensa Padel member, you must reserve and cancel your booked court either in person, by telephone, via Sensa Padel’s Website/App, or via email at email@example.com
Members must cancel their court reservation at least 24 hours in advance to receive a refund.
For scheduled lessons, members must cancel their lessons at least 48 hours in advance to receive a refund.
SECTION II - NON-MEMBER TERMS
By reserving a court, you are paying the individual court booking fee for yourself and for any other players added who you have selected to include in the payment. The total court booking fee will always reflect the sum of individual court booking fees for four players. If other members in your party make the payments for the courts themselves, it will reduce the liability of your payment for all four courts. If any member of your party does not pay, the remaining balance is your responsibility. All booking, membership, and payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Matchi (https://www.matchi.se/home/useragreement). Please review carefully the terms and conditions of use on the Matchi Website. Sensa Padel is not liable to users for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Matchi terms.
Players will be responsible for paying the total court booking fee for cancellations made less than 24 hours before the time of a reservation. Please add all other players to your booking to ensure your account is not charged the entire amount.
For no-shows or cancellations within 24 hours of the booking, the court fee will be automatically debited from your credit or debit card on file. If your booking is canceled with more than 24 hours notice, all players will be fully reimbursed for the court booking fee to the original form of payment.
BY CLICKING BOOK, YOU ARE PAYING THE INDIVIDUAL COURT BOOKING FEE FOR YOURSELF AND FOR ANY OTHER PLAYERS ADDED BY YOU WHO YOU HAVE SELECTED TO 'INCLUDE PAYMENT'. THE TOTAL COURT BOOKING FEE WILL ALWAYS REFLECT THE SUM OF INDIVIDUAL COURT BOOKING FEES FOR FOUR PLAYERS. If no other players are added as part of your booking or checked in at the time of your reservation, you will be responsible for the total court booking fee for yourself plus three non-members and charged accordingly as per the peak and off-peak hour schedule.
If no other players are added as part of your booking or checked in at the time of your reservation, the booking individual will be responsible for the total court booking fee.
To ensure you and your guests get the most out of your Sensa Padel experience please make every effort to ensure your party arrives on time allowing additional time in case of adverse weather or transport disruption.
If you arrive late, Sensa Padel can not guarantee a time extension to your court reservation; therefore, to minimize disruption and possible disappointment, please let us know by informing the club and we will make best efforts to host you on arrival, but cannot guarantee a time extension.