Member registration

By purchasing a membership, you agree to be charged on a monthly cycle. You acknowledge that you have signed an installment promissory note. Failure to use your membership does not relieve you from your liability to pay. Your membership is nontransferable, non-assignable, nonrefundable, and noncancellable, except as provided by this contract. Services Under this contract are for 12 months / 12 monthly drafts. After the initial 12 month/12 draft period, services shall automatically continue to be drafted on a month-to-month basis (automatic extension) until you take an initiative to communicate your intended changes through agreed upon communication method. Seller reserves the right at any time to terminate the Buyer`s contract for any reason.

IN CONSIDERATION of being permitted to utilize the exercise/sports flooring/fitness equipment (the `Equipment`) provided by Vistara Sports (DBA of Feathers Smash LLC) at 400 W Vista Ridge Mall Dr, Lewisville, 75067 (the `Facilities`, which shall also include, without limitation, any other areas where I exercise or train with any of Vistara Sports’ personnel), and to participate in various exercise and fitness activities at the Facilities, I hereby expressly, irrevocably and unconditionally acknowledge and agree (on behalf of myself and my representatives, beneficiaries and heirs) to the following provisions contained in this Indemnification and Release of Liability (the `Release`):
1. I agree to expressly RELEASE, INDEMNIFY AND HOLD HARMLESS Vistara Sports (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of Vistara Sports) from and against any and all claims, demands, actions, liabilities, costs, expenses, and/or damages asserted against, imposed upon or incurred by Vistara Sports on account of death or injury to any person (including, without limitation, my own person), or damage to or theft of any property (including, without limitation, my own property) arising from or in connection with, or as a result of my use of the Equipment, my participation in any exercise or fitness activities at the Facilities or any related activities, or my presence at, on or around the Facilities. I expressly acknowledge and agree that Vistara Sports shall not be held responsible in any manner for any property lost, stolen or damaged while at, on or around the Premises or otherwise. I further agree to pay Vistara Sports court costs, reasonable attorneys` fees incurred and all other associated costs arising out of or in connection with such claims, demands, actions, liabilities, costs, expenses, and/or damages including, without limitation, all costs incurred in establishing the enforceability of this Release. I expressly, irrevocably, and unconditionally agree that the terms and provisions of this Release shall apply WITHOUT REGARD TO WHETHER THE CLAIM, DEMAND, ACTIONS, LIABILITY, COST, EXPENSE, AND/OR DAMAGE IS BASED ON THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MYSELF OR ANY OTHER PARTY OR WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER TORT. I HEREBY EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT THIS SECTION SHALL SURVIVE THE TERMINATION THIS RELEASE, THE TERMINATION OF MY USE AT Vistara Sports OR OTHERWISE.
2. I am aware that there are inherent and other risks (including potential serious injury of any nature, permanent disability, and death) involved in my use of the Equipment and my participation in the exercise, recreation, and fitness activities. I expressly acknowledge that Vistara Sports does not provide any supervision, instruction or assistance relating to the use of the Equipment or the exercise and fitness activities. I therefore knowingly, freely, expressly, irrevocably and unconditionally agree to assume all such risks, whether known or unknown, EVEN IF ARISING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT of Vistara Sports (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of Vistara Sports) and assume full responsibility for my use of the Equipment, my participation in any exercise and fitness activities and/or any activity incident thereto.
3. I expressly agree to comply with all rules and regulations imposed by Vistara Sports regarding the use of the Facilities and the Equipment. I agree to always conduct myself in a controlled and reasonable manner and to refrain from using the Equipment or Facility space in a manner that is inconsistent with its intended design and purpose. If any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
4. I understand that this Release shall be governed by the laws of the State of Texas, without giving effect to the conflicts of law principles of any state. I hereby irrevocably consent to be subject to the personal jurisdiction of any United States, state, or local court sitting in Denton County, Lewisville, Texas in connection with any action to determine any dispute arising under this Release or to enforce the provisions hereof.
5. I understand that whenever possible, each provision of this Release shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision (or any section of any provision) of this Release is held to be prohibited by or invalid under applicable law, such provision (or any section of any provision) shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Release.

Electronic Transactional Communications Terms
You agree and consent to receive electronically Vistara Sports initiated transactional communications, agreements, statements, notices, and disclosures. Electronic Transactional Communications include but are not limited to agreements and policies you agree to (e.g., the renewal dues terms, membership terms and conditions, annual fee terms, Terms of Use, Accessibility Policy, and Privacy Policy), including updates to or related to these documents (e.g., increases to your Membership Dues or material changes to agreements). When you have opted into receiving such Electronic Transactional Communications, we may provide these Electronic Transactional Communications to you by posting them on Vistara Sports website (https://vistarasports.com/) or by emailing you at the primary email address listed in your Vistara Sports membership or guest Pass account.
Receipt of Electronic Transactional Communications Terms
Electronic Transactional Communications will be deemed received by you when such Electronic Transactional Communication is posted on Vistara Sports website or sent to you. You agree that if Vistara Sports sends you an Electronic Transactional Communication, but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Transactional Communications, Vistara Sports will be deemed to have provided the Electronic Transactional Communication to you.
I HAVE READ THIS INDEMNIFICATION AND RELEASE OF LIABILITY, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND ACKNOWLEDGE THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY.

rate guarantee fee.....

PAYMENT AUTHORIZATION: I authorize Vistara Sports, Texas Badminton Center, Texas Pickleball Center, Texas Table Tennis Center or its agents on its behalf to, depending on my method chosen, automatically and without notice charge my designated method of payment including credit/debit card or draft from my checking/savings account (together, "EFT"), for this membership`s Joining Fees and first month`s Membership Dues on the date of my enrollment, and monthly thereafter for all amounts due. I have a right to receive notice if Vistara Sports increases my monthly Membership Dues drafted from my designated checking/savings account. If Vistara Sports increases my monthly Membership Dues by 15% or less, I waive any written notice to me of such an increase to the amount of my monthly dues.

CONTRACT AMENDMENT: Any aspect of this membership may be amended by Vistara Sports without notice. By providing an e-mail address, I expressly consent to receiving both membership-related and commercial e- mail messages regarding various products and services offered by Vistara Sports.

AUTOMATIC RENEWAL: By purchasing a membership, you agree to be charged on a monthly cycle. You acknowledge that you have signed an installment promissory note. Failure to use your membership does not relieve you from your liability to pay. Your membership is nontransferable, non-assignable, nonrefundable, and noncancellable, except as provided by this contract. Services Under this contract are for 12 months / 12 monthly drafts. After the initial 12 month/12 draft period, services shall automatically continue to be drafted on a month-to-month basis (automatic extension) until you take an initiative to communicate your intended changes through agreed upon communication method. Seller reserves the right at any time to terminate the Buyer`s contract for any reason.

CANCELLATION: Your obligation to pay Membership Dues is not dependent upon usage of facility. 30 days prior notice is required to cancel membership. The cancellation notice must be sent to [email protected]. Telephone or SMS or verbal or social media correspondence is not an acceptable means of communication for to request cancellation of your membership. Under Contract, Cancellation will be granted to the Buyer with a prepayment equivalent to the sum of four months recurring payment for the chosen plan (due at cancellation in full). Cancellations can only be made if the account has a zero balance, and is not past due. Any past due fees or payments will be due in full along with cancellation payments. Drafts will continue until the account is canceled through an official agreed upon communication method.

LATE PAYMENTS: If we receive a payment past the DUE DATE, you will incur a late charge of $10 per late payment.

RELOCATION: Buyer may cancel this contract anytime after the start date of this contract if the Buyer moves more than 40 miles away from this facility. The following conditions must be satisfied.: (A) the Buyer must pay all delinquent dues and fees prior to this request being granted;, (B) Buyer must give written or in person notice for this action to be completed; and (C) change of address must be verified by documentation (e.g., lease in Buyer`s name, utility bill in Buyer`s name, government documentation that lists the Buyer`s new address). The communication related to this must be through an official agreed upon communication method.

MEDICAL: You the Buyer may cancel this membership at any time during the contract if you become permanently disabled and can no longer benefit from any part of the facility. Proof of permanent disability from a licensed physician must be provided to the Seller to cancel in this situation. The communication related to this must be through an official agreed upon communication method.

MEDICAL FREEZE: Under circumstances that Buyer has a medical condition that prevents them from working out, a freeze on payments can be made. The Buyer must provide documentation from a licensed physician that states the required duration of time away from physical activity. Medical freezes on accounts under contract will receive an extended contract end date equivalent to the duration of the freeze. The communication related to this must be through an official agreed upon communication method.

OPEN COURTS: The published number of open courts for the membership plans may change without notice. The admin has the right to establish, monitor, and manage the open court usage policy.



DESIGNATED SPORTS: Admin has the right to change the designation of courts for various sports at its discretion.

FACILITY CLOSURE: Admin has the right to close the facility for maintenance or various events at its discretion without any prior notice and monetary compensation for the membership dues. The fees paid to reserve the courts during the closure duration will be refunded or credited towards future court reservation.

FACILITY USAGE RESTRICTION: Admin has the right to restrict the member or nonmember’s facility usage to a certain number of hours per day at its discretion.

RESERVED COURTS: Reserved court usage is restricted to the paid duration only. Any usage of reserved courts beyond paid duration may incur 2 times the cost of reservation fee for the duration.

FAMILY MEMBERSHIP DISCOUNT: A valid govt ID is required to seek a family discount. Admin may request proof of this ID any time during the membership duration. It is the member’s responsibility to inform the admin which will have an impact to the family member’s discount.

CHILDREN: All children under 18 years must be accompanied by an adult. Admin has the right to deny usage of facility for any unaccompanied children.