Terms & Conditions

Last Updated: November 01, 2023
Consent to terms and Conditions
By using the Website and/or becoming a Sensa Padel member as well as purchasing/booking Sensa Padel products and/or services online, you agree that you have read and understood the Terms of Use, agree that you will comply with the same for as long as you use the Website and represent your acknowledgement that you are legally bound by them.

Use of the Site
Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website.

Sensa Padel’s services are intended for use by adults. If you are under the age of 18, your legal guardian must consent to these Terms of Use on your behalf. Therefore, by having accepted these Terms of Use, and/or participating in any activities offered on the Site, you affirm, represent, and warrant that: (a) you are either 18 years of age or older, or if you are under 18, your participation is under the direct supervision of a legal guardian who has agreed to these Terms of Use, (b) you are a resident of the United States; (c) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (d) If you are under the age of 18, your legal guardian assumes full responsibility for ensuring your compliance with these Terms of Use and any additional rules or policies set by Sensa Padel (e) you will abide by these Terms of Use; and (f) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use
From time to time, these Terms of Use may change. Sensa Padel reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Site and changes will become effective once posted. Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies. You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Ownership of the Website
Sensa Padel owns, licenses and/or has the right to use this Website and all intellectual property rights to the same (collectively, “Materials”). Sensa Padel hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Sensa Padel’ intellectual property rights in the Materials. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Sensa Padel in any form or manner.

Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or part, without the express permission of Sensa Padel, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.

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.

Health Attestation
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:

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.

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.  

Becoming A Member
If you wish to become a member of Sensa Padel, you can email memberships@sensapadel.com to inquire about the membership benefits and process. You can also sign up for Sensa Padel membership online at https://sensapadel.com. The information you provide to Sensa Padel throughout this process is subject to our Privacy Policy. Please see our Privacy Policy for more information concerning the collection and use of Personal Information from this Website. Once you complete the membership process, we will be in touch regarding member onboarding.

Booking Terms 
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.

Payment Terms
As a Sensa Padel member, you agree to pay the initiation and recurring membership fees outlined below.

If you elect to join a monthly membership tier, you agree to pay a non-refundable initiation fee upon signing up for a Sensa Padel membership as well as the first month’s membership fee upon club opening. 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. 

If you elect to join an annual membership tier, you agree to pay a non-refundable initiation fee upon signing up for a Sensa Padel membership as well as the remaining balance of your annual membership upon club opening. 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. 

Member Access to and Use of Locations
Members 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) during business hours so long as the member is in good standing (i.e., all Membership Payments are current, following the facility codes of conduct as posted in the location, following safety guidelines, and regulations). 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 also 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.

Members 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 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.

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 play@sensapadel.com. 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.

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.

Family Memberships
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.

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.

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.

Court Cancellations
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 play@sensapadel.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.

Disclaimers and Limitations on Sensa Padel’s Liability
All 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 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 play@sensapadel.com.

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 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.

Changes to Privacy Policy
Sensa Padel reserves the right to update or modify this privacy policy at any time. Changes will become effective immediately upon posting on our website. We encourage members to regularly review this policy.

Resolving Disputes
If you have a dispute with Sensa Padel relating to the Website or the Services, please contact us at play@sensapadel.com and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the Website and/or our Services. 

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
The Website may contain links to or embedded versions of other applications, Websites and social media features (collectively, “Websites”) that are not controlled and/or maintained by Sensa Padel. Access to and use of such other Websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such Websites. By providing such links or embedded versions, Sensa Padel shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such Websites. Sensa Padel is not responsible for the content contained on any such Website, or for the failure of any product or service offered for sale or advertised on any such Websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked or embedded Websites are owned by other organizations. Moreover, such other Websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Your Responsibilities
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.

User Conduct

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;
Use the Site, Material and content on the Site for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Sensa Padel endorsement, partnership or otherwise misleads others as to your affiliation with Sensa Padel;
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;
Copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use;
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.

Sensa Padel is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Unless prohibited by law, you agree to indemnify Sensa Padel, and each of its parent, subsidiary and affiliated entities (collectively, “Sensa Padel Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Sensa Padel, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications
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.

When you communicate with Sensa Padel electronically, via email or otherwise, you consent to receive electronic communications and marketing updates / newsletters from Sensa Padel. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Sensa Padel satisfy any legal requirement that such communication be in writing. Sensa Padel encourages you to retain your own copies of relevant information. Please see our Privacy Policy concerning providing information to Sensa Padel, your consent to receiving information from Sensa Padel, your ability to withdraw such consent, and Sensa Padel’ obligations with respect to maintaining and/or returning any information you have provided to Sensa Padel.

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
In the event that Sensa Padel, or an affiliate of Sensa Padel, is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Sensa Padel goes out of business or enters bankruptcy, each user hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Sensa Padel may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.

Contact Us
If you have any questions concerning Sensa Padel’s offerings or any of the policies set forth in these Terms of Use, please contact us at play@sensapadel.com

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 play@sensapadel.com

In your notice, you must include the following:

i. 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;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. 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;
iv. contact information (i.e., name, address, email address) sufficient to enable Sensa Padel to contact you;
v. 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
vi. 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
Use of this Website and these Terms of Use shall be governed by the laws of the State of Delaware of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Sensa Padel of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Sensa Padel’ failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

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.

By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Sensa Padel may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Delaware and/or in any other court chosen by Sensa Padel, in the event that Sensa Padel believes that there is a violation, or a threatened violation, that has jurisdiction of any of Sensa Padel’ intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

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