Effective Date: November 23, 2024
Kaya Ventures, LLC d/b/a Casa Pickle | 8725 Meadowcroft Dr, Houston, TX 77063 | info@casapickle.com
IMPORTANT: THIS AGREEMENT INCLUDES (A) A RELEASE OF LIABILITY, (B) AN ASSUMPTION OF RISK, (C) AN INDEMNITY OBLIGATION, AND (D) A BINDING ARBITRATION AND CLASS ACTION WAIVER. BY ENTERING CASA PICKLE OR PARTICIPATING IN ANY ACTIVITIES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ENTER.
1. WHO WE ARE; ACCEPTANCE; DEFINITIONS
This Comprehensive Participation Agreement, Policies, Terms & Conditions, and Liability Waiver (this “Agreement”) is between you (“you” or “Participant”) and Kaya Ventures, LLC d/b/a Casa Pickle (“Casa Pickle,” “we,” “us,” or “our”).
You accept and agree to this Agreement by (a) entering the facility, (b) participating in any Activity, (c) creating/using a Casa Pickle or CourtReserve account, or (d) signing or electronically accepting this Agreement.
“Released Parties” means Casa Pickle and its owners, members, managers, employees, contractors (including instructors/coaches and event staff), volunteers, agents, affiliates, successors, assigns, the owners/lessors of the premises, and each of their insurers. “Activities” include entering the facility, pickleball play, open play, lessons, clinics, leagues, tournaments, private events, rentals, spectating, use of the lounge/bar areas, stairs, parking areas, and use of any equipment or services.
2. ELIGIBILITY; MINORS; GUESTS; SUPERVISION
Participation is voluntary. You represent that you are legally able to enter into this Agreement and comply with the posted rules and staff instructions.
Minors: A parent or legal guardian must execute this Agreement for any participant under 18. Minors must be supervised as required by Casa Pickle policies and applicable law. Casa Pickle may refuse entry to, or remove, any minor or guardian for safety or rule violations.
Guests: You are responsible for the conduct of your guests and any minors you bring. You agree to ensure your guests read and accept this Agreement before participation.
3. HOUSE RULES; SAFETY; CODE OF CONDUCT
You agree to follow all posted rules and staff instructions. You will use appropriate footwear and attire, warm up appropriately, stay hydrated, and play within your ability. You will not engage in unsafe play, harassment, abuse, discrimination, threats, or disruptive conduct.
You will not enter or participate while your judgment is impaired by alcohol, cannabis, drugs, or any intoxicant. You will not bring weapons, illegal substances, or hazardous items onto the premises.
Casa Pickle may deny entry, remove any person, or suspend/terminate membership or privileges for safety, rule violations, misconduct, nonpayment, chargebacks, or any other reason in its sole discretion, to the fullest extent permitted by law.
4. VISTA LOUNGE; FOOD/BEVERAGE; ALCOHOL
Where available, lounge and bar services are offered for convenience and community. Alcohol service (if any) is subject to age verification and applicable law. You assume all risks related to the consumption of food and beverages, including allergens, intoxication, and interactions with medications or health conditions.
Casa Pickle may refuse service, stop service, or remove any person for intoxication, safety concerns, or policy violations.
5. EQUIPMENT, PROPERTY, AND FACILITY CONDITIONS
You are responsible for using equipment properly (including paddles, balls, nets, ball machines, training aids, and demo equipment). You agree not to misuse equipment and to report unsafe conditions immediately. You are financially responsible for damage you cause to Casa Pickle’s property, equipment, or the facility beyond ordinary wear and tear.
Personal property: Casa Pickle is not responsible for lost, stolen, or damaged personal property, including items left in cubbies, restrooms, courts, parking areas, or the lounge.
6. PET POLICY
To maintain a clean, safe, and enjoyable environment for all guests, pets are not allowed inside the Casa Pickle facility. The only exception to this policy is for certified service animals, which are permitted only in designated lounge areas. In the event of any accident involving a service animal — including but not limited to urine, feces, or vomiting — the member or guest agrees to the following: A full professional carpet cleaning fee will be charged to the responsible party. If the carpet is stained or damaged beyond cleaning, the responsible party agrees to pay for a complete carpet replacement in the affected area.
7. RESERVATIONS, PAYMENTS, AND THIRD-PARTY PLATFORMS
Casa Pickle uses third-party software and services (such as CourtReserve) to manage reservations, memberships, registrations, and payments. Your use of those services may be subject to the third party’s terms and privacy policies, which are separate from this Agreement.
Casa Pickle does not own or control third-party platforms and is not responsible for outages, errors, unauthorized access, data issues, or payment processing issues caused by third parties, to the fullest extent permitted by law. You are responsible for maintaining accurate account and payment information.
8. MEMBERSHIPS, FEES, AND BENEFITS (SUBJECT TO CHANGE)
Casa Pickle offers memberships and visitor access as published through our booking platform and/or our website.
MEMBERSHIP PRICES, PERKS, HOURS, DISCOUNTS, ACCESS LEVELS, BOOKING WINDOWS, AND PROGRAM RULES MAY CHANGE AT ANY TIME IN CASA PICKLE’S SOLE DISCRETION, INCLUDING WITHOUT NOTICE, EXCEPT AS REQUIRED BY LAW.
Memberships are non-transferable, subject to change, and may not be shared outside your household unless expressly stated in writing by Casa Pickle.
All memberships require a minimum of thirty (30) days’ written notice prior to cancellation. To cancel, the member must submit a cancellation request by email to info@casapickle.com or by calling (346) 460-5544 at least thirty (30) days before the next scheduled billing date. Upon receipt of proper notice, the membership will remain active and billable for the full 30-day notice period, during which time the member will continue to have access to applicable membership benefits. No refunds, credits, or prorations are provided for partial months or unused time. If a cancellation request is not received before the next billing cycle, the membership will automatically renew, and the applicable membership fee will be charged. All cancellation requests are effective only upon confirmation by Casa Pickle, and the member remains responsible for all charges incurred prior to the effective termination date.
All reservations and participation are subject to capacity limits, scheduling, and program rules. Membership does not guarantee court availability.
9. BILLING, AUTO-RENEWAL, CANCELLATION, CHARGEBACKS, AND NO REFUNDS
Unless otherwise stated at purchase, memberships are billed in advance on a recurring basis (monthly or annually) and automatically renew until cancelled. You authorize Casa Pickle (and/or our payment processor) to charge your payment method on file for dues, taxes, fees, no-show charges, damages, gratuities (if applicable), and other amounts you owe.
NO REFUNDS: Membership dues, event fees, reservation fees, and other charges are non-refundable and non-transferable except as required by law or as expressly stated in writing by Casa Pickle.
Cancellation: You may request cancellation through the method specified in your booking account or by emailing info@casapickle.com. Unless required otherwise by law, cancellations are effective at the end of the then-current billing cycle. You remain responsible for all charges incurred through the effective cancellation date.
Chargebacks: Unauthorized chargebacks or payment disputes may result in immediate suspension of access and may be sent to collections. You agree to pay collection costs and reasonable attorneys’ fees to the fullest extent permitted by law.
Failed payments: If your payment method fails, Casa Pickle may suspend access until payment is received.
10. RESERVATION, OPEN PLAY, AND EVENT POLICIES (INCLUDING CANCELLATIONS)
Reservations, open play registrations, lessons, clinics, leagues, and tournaments may have specific rules (including check-in requirements, player limits, start times, waitlists, and cancellation/no-show fees). Those rules may be displayed in CourtReserve, on the website, at checkout, or onsite and are incorporated into this Agreement by reference.
To the fullest extent permitted by law, Casa Pickle may modify schedules, pairings, formats, and staffing; move you to a comparable session; and cancel, reschedule, or modify Activities due to weather, maintenance, safety concerns, staffing, force majeure, or other reasons.
To the fullest extent permitted by law, Casa Pickle’s total liability for any cancelled Activity is limited to the amount you paid directly to Casa Pickle for that Activity (if any), and Casa Pickle is not liable for travel costs, lost time, or other consequential damages.
11. PRIVATE EVENTS TERMS (“PET”)
Private events (including corporate events, parties, rentals, and buyouts) may require deposits, minimum spends, signed addenda, and separate rules. Unless a written event agreement states otherwise: (a) deposits are non-refundable; (b) balances are due before the event; (c) the organizer is responsible for participant conduct, damages, and compliance with all rules; and (d) Casa Pickle may end an event early for safety or rule violations without refund.
12. ASSUMPTION OF RISK (INJURY, ILLNESS, AND PROPERTY)
You understand that activities may be physically demanding and involve inherent and other risks, including risks that cannot be eliminated even with reasonable safety measures. Risks include, without limitation: slips, trips, falls; collisions with other participants; being struck by a ball; overexertion; heat stress/dehydration; equipment failure; facility conditions; negligent or reckless acts of others; and exposure to communicable diseases.
Potential injuries and damages include, without limitation: sprains, strains, bruises, cuts, fractures, tendon/ligament injuries, concussions, eye injuries, cardiac events, heat-related illness, dehydration, allergic reactions, aggravation of pre-existing conditions, and property loss/theft/damage. You knowingly and voluntarily ASSUME ALL SUCH RISKS.
13. RELEASE AND WAIVER OF LIABILITY (INCLUDING NEGLIGENCE); COVENANT NOT TO SUE
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE ACTIVITIES, INCLUDING CLAIMS BASED IN WHOLE OR IN PART ON THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
This release applies to claims for personal injury, illness, death, emotional distress, economic loss, property loss/theft/damage, and any other harm, whether known or unknown, whether occurring on or off the premises, if related to Activities. This release does not apply to claims that cannot be released under applicable law.
14. INDEMNIFICATION; DAMAGE TO PROPERTY; ATTORNEYS’ FEES
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claim, demand, action, damage, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your participation in Activities; (b) your breach of this Agreement; (c) your violation of law or rules; (d) your guests or minors; or (e) damage to Casa Pickle property.
15. MEDICAL, INSURANCE, AND HEALTH REPRESENTATIONS
You represent that you are in adequate physical condition to participate and will stop if you feel unsafe or unwell. Casa Pickle does not provide medical or accident insurance. You are solely responsible for medical costs.
If you need emergency assistance, you authorize Casa Pickle to obtain first aid and/or emergency medical care for you, including transport, and you release the Released Parties from liability for providing or obtaining such care to the fullest extent permitted by law.
16. PHOTO/VIDEO RELEASE; SECURITY; PARTICIPANT RECORDING
You grant Casa Pickle and its designees the right to photograph, record, and use your name, image, voice, and likeness in any media for lawful business purposes (including marketing, promotion, training, and security) without compensation. You waive any right to inspect or approve any finished product and any right to royalties. Security cameras may record in public/common areas.
Participant recording: Personal, non-commercial recording is permitted only to the extent it does not interfere with play, staff, or other guests and complies with posted rules. Commercial filming/photography requires prior written consent from Casa Pickle.
17. DISCLAIMER; LIMITATION OF LIABILITY
To the fullest extent permitted by law, Casa Pickle disclaims all warranties, express or implied, regarding the facility, Activities, and services. To the fullest extent permitted, Casa Pickle is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits or lost data) arising out of or related to Activities or this Agreement.
18. DISPUTE RESOLUTION: BINDING ARBITRATION; CLASS ACTION WAIVER; LIMITATIONS
EXCEPT WHERE PROHIBITED BY LAW, ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ACTIVITIES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS APPLICABLE RULES. THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION. ARBITRATION SHALL OCCUR IN HARRIS COUNTY, TEXAS. YOU WAIVE THE RIGHT TO A JURY TRIAL AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Unless prohibited by law, any claim must be brought within one (1) year after the event giving rise to the claim. Arbitration will be confidential to the extent permitted.
19. PRIVACY NOTICE (MORE DETAILS)
Information we collect may include: identifiers (name, email, phone); account credentials; reservation and participation history; payment and billing details; communications; security footage; and device/usage data (such as IP address and cookies when you use our website).
How we use information: to provide services (reservations, memberships, events), process payments, communicate about schedules and promotions, personalize experiences, maintain safety and security, prevent fraud, comply with legal obligations, and improve operations.
How we share information: with service providers (including booking/payment platforms), for legal compliance, and in connection with a merger, acquisition, or asset sale. We do not sell personal information in exchange for money, but we may use service providers that process data on our behalf.
Your choices: You may opt out of marketing communications at any time (for email, use the unsubscribe link; for SMS, reply STOP where applicable). For privacy questions or requests, contact info@casapickle.com.
20. CHANGES; ENTIRE AGREEMENT; SEVERABILITY; ELECTRONIC SIGNATURE
Casa Pickle may update this Agreement and our policies at any time. The current version may be posted on our website and/or in our booking platform. Continued entry or participation after changes constitutes acceptance. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Electronic signatures and acknowledgments are valid and enforceable.
SIGNATURE AND ACKNOWLEDGMENT
By signing or electronically accepting below, I acknowledge that I have read and understand this Agreement, that it contains a RELEASE OF LIABILITY INCLUDING NEGLIGENCE, an INDEMNIFICATION obligation, and a BINDING ARBITRATION and CLASS ACTION WAIVER, and that I am giving up legal rights. I agree voluntarily and intend to be legally bound.
MINOR RELEASE (IF APPLICABLE)
If the participant is under 18, the person signing below represents that they are the participant’s parent/legal guardian, consents to the minor’s participation, and agrees to all terms of this Agreement (including the release, indemnity, and arbitration provisions) on behalf of both the guardian and the minor, to the fullest extent permitted by law.
Questions: info@casapickle.com