The FORT Membership Agreement

This Membership Agreement (“Agreement”) is entered into between The FORT, a public pickleball facility located at 891 SW 34th Street, Fort Lauderdale, FL 33315, and the undersigned individual (“Member”).

For purposes of this Agreement, “Start Date” shall mean the date this Agreement is signed and the first payment is made; your membership begins on the Start Date. “Anniversary Date” shall mean the recurring renewal date of your membership, determined by your payment option: for annual memberships, the same calendar date each year as your Start Date, and for monthly memberships, the same day each month as your Start Date. The Anniversary Date is used to determine when your membership renews and, for annual memberships, when changes to your plan may be made.

Membership Eligibility: Membership is open to all individuals who:

• Are eighteen (18) years of age or older to hold a membership in their own name, unless otherwise approved by the FORT's management. Individuals under eighteen (18) may participate as Secondary Members under a Family membership (see below).
• Agree to abide by the published rules and regulations (see Exhibit A)
• Complete the membership application and pay applicable dues
• Sign the Waiver of Liability Agreement (online)

Membership Plan Benefits: The FORT currently offers three (3) types of membership plans, each providing different benefits: (1) All Hours, (2) Off-Peak, and (3) Social. The details for each plan are outlined in Exhibit B.

• All Hours: access seven (7) days a week during all hours of operation.
• Off-Peak: access Monday through Friday only (no weekends). Play hours are 6:00 AM to 3:00 PM; no entry is permitted after 2:00 PM, though members who have already entered may continue to play until 3:00 PM.
• Social: includes five (5) member visits per month. A "visit" counts only toward the unpaid use of open play, skill-rated reserve play, and challenge courts. Any time a Social member pays for a clinic, lesson, event, or other paid pickleball activity, that visit does not count toward the five (5) monthly visits, and visits solely to eat or drink do not count. After the five (5) monthly visits are used, an All-Day Play Pass ("Play Pass") is required for additional visits that month.

Membership Terms:

There are two payment options for our Membership Plans. They are Monthly or Annual. Memberships may only be canceled in accordance with the cancellation terms stated below. Memberships are non-transferable, and prices are subject to change. Additional membership details are posted on the website (www.playthefort.com), and fees are subject to change with 30 days’ notice to our members.

Initiation Fee. An initiation fee, in the amount set forth in Exhibit B, applies to new memberships and includes a FORT hat and a skill rating. If a monthly membership is cancelled and later reactivated, the initiation fee is charged again each time the membership is restarted; however, the hat and skill rating are provided only the first time the Member joins. The FORT may, from time to time and in its sole discretion, waive the initiation fee as part of a promotion.

Promotions. From time to time The FORT may offer promotional pricing or membership specials. A member who qualifies for a current promotion may take advantage of it; however, The FORT will not retroactively adjust the pricing of existing memberships, except as follows: if a member enrolled within the seven (7) calendar days immediately preceding a new offer, The FORT will honor the better offer. Promotions designated for new members only do not apply to existing members, except for members who enrolled within the seven (7) calendar days immediately preceding the offer.

CANCELLATION AND REFUNDS:

All cancellations must be submitted in writing and emailed to membership@playthefort.com. Monthly memberships may be canceled prior to the beginning of any renewal month; each monthly payment is fully earned when made and is non-refundable. To be effective for the next renewal, a cancellation must be received before 5:00 p.m. Eastern Time on the calendar day preceding the applicable renewal date; access continues through the end of the paid period. Annual memberships are non-refundable, except in the case of a genuine, documented medical reason approved by The FORT. If The FORT approves a refund of an annual membership for a documented medical reason, the refund will be calculated as follows: the months the Member actually used will be re-priced at The FORT’s then-current monthly membership rate for the same plan (rather than the discounted annual rate), and The FORT will refund the difference between the amount the Member paid and the amount that would have been owed at the monthly rate for the months used. Applicable sales tax will be adjusted proportionally. For example, a Member who prepaid an annual membership and cancels with valid medical documentation partway through the year will be charged for the months used at the applicable monthly rate for that plan (as set forth in Exhibit B), and refunded the remaining balance of the amount paid, with sales tax adjusted proportionally.

GUEST PRIVILEGES:

Members may bring guests to The FORT. A guest fee applies to each guest, as set forth in Exhibit B, plus the non-member portion of any court fee (if applicable); all guest charges are billed to the Member, and the Member is responsible for the conduct of, and any damage caused by, their guest(s). The Member must accompany and remain responsible for their guest(s) while at The FORT. Each guest must be registered with their name, cell phone number, and email address and must sign a Waiver of Liability. Guest privileges may not be used for tournament play. An individual may be a guest of The FORT no more than six (6) times per calendar year in total, regardless of how many members sponsor them; after six (6) guest visits, that individual must purchase a Play Pass or a membership to continue using the facility. The FORT may decline entry to any guest at its discretion.

FORT Membership begins on the Start Date listed in this Agreement and will AUTOMATICALLY RENEW AND CONTINUE BASED ON YOUR ORIGINAL PAYMENT OPTION AND CHARGED TO THE CREDIT CARD ON FILE WITH THE FORT (“Payment Method”). Members may update their Payment Method at any time. Monthly Members may change membership plans effective on their next monthly renewal date; Annual Members may change or downgrade plans only on their Anniversary Date, though upgrades may be permitted earlier at The FORT’s discretion. Membership will continue until you or the FORT expressly cancels your membership. Changes and cancellations must be submitted in writing and emailed to membership@playthefort.com.

Member will immediately notify The FORT of any change in your payment method. The Member is responsible for keeping all account information current, including email address, phone number, residential address, household eligibility, vehicle information, and Payment Method. All individuals listed in this Agreement will be billed through the Primary Member’s account. Member understands that the Payment Method may also be used for any additional charges and purchases made from The FORT Club (e.g. food and beverages, apparel, pro shop products, services, lessons, leagues, and clinics).

Failed Payments and Chargebacks. If a payment is declined or reversed, The FORT may suspend membership benefits until all outstanding amounts are paid in full, and may re-attempt the Payment Method. Returned ACH or check payments may incur the returned-payment fee listed in Exhibit B, not to exceed the amount permitted by applicable law. The Member remains responsible for all amounts incurred before the effective date of cancellation, and initiating an unauthorized chargeback does not relieve the Member of amounts owed. The FORT may recover its reasonable costs of collection.

Membership benefits may be suspended or revoked if the Member violates the rules and regulations. Any violation that may result in a suspension or revocation will be communicated to the Member by email sent to the email address on file. If the email address on file is inaccurate or the email is returned as undeliverable, The FORT will make the Member aware in person and, as a last resort, will send written notice by mail to the address on file. The Member may appeal a suspension or revocation by requesting a meeting with The FORT’s designated review committee or management representative by sending a notice within five (5) calendar days of the suspension or revocation to concierge@playthefort.com.

Dues and fees continue to accrue and remain payable during any disciplinary suspension. The FORT may immediately suspend or revoke membership, without prior notice, for conduct involving threats, violence, harassment, fraud, theft, intoxication, or any safety concern; the appeal process above does not delay an immediate safety suspension. A termination for cause does not entitle the Member to any refund, except as required by applicable law. The FORT may also terminate a membership for business reasons unrelated to Member misconduct, in which case The FORT will refund the unused, prepaid portion of the membership on a prorated basis.

NO SOLICITATION:

Without The FORT’s prior written permission, Members may not use the facility or their access to other members, guests, or staff to sell, market, promote, or recruit for any product, service, business, or cause, or use member contact information to do so. Members must stop any such contact on request and may not interfere with staff duties. Authorized activities (e.g., approved sponsorships or the ambassador program) are excepted. Violations may result in suspension or revocation.

PRIMARY AND SECONDARY MEMBERSHIP:

The Member listed in this agreement is the Primary Member and responsible for any individual listed under their membership, including minors (“Secondary Members”). Primary Members shall ensure that all Secondary Members read and abide by all Rules and Regulations (see Exhibit A). If a Secondary Member violates the Rules and Regulations, the Primary Member understands that they are subject to the same suspension and revocation under this Agreement. Secondary Members shall be entitled to the same benefits as the Primary Member. Each adult Secondary Member (any Secondary Member eighteen (18) years of age or older) must individually read and accept the Rules and Regulations, the Waiver of Liability, and the media release, and provide any required payment authorization, before using the facility. A parent or legal guardian accepts these terms on behalf of a minor Secondary Member.

FAMILY MEMBERSHIPS AND MINORS:
A Family membership covers up to five (5) members of the same immediate family residing together at the same residential address, including spouses, domestic partners, parents or legal guardians, and their children twenty-five (25) years of age and under. Friends, roommates, and other unrelated individuals do not qualify. The FORT may require proof of relationship and residence. The Primary Member must promptly notify The FORT if a Secondary Member no longer resides in the same household or otherwise ceases to qualify, and The FORT may remove an ineligible Secondary Member or convert the membership to the appropriate plan. A child who reaches the age limit during an annual term remains covered through the end of the current paid term and is removed at renewal. For the safety and enjoyment of all players, children must play on courts appropriate to their skill level. A parent may not bring a child onto a court that does not fit the child’s skill level; if the child is of a lower skill level, the parent must play with the child on a court matching the child’s level. A child who can hold their own and compete at the appropriate skill level is welcome to play on courts at that level.

PLAYER RATING:
Members agree to obtain either a DUPR (Dynamic Universal Pickleball Rating) or a skill rating provided by the Club within thirty (30) days of the effective date of their membership if participating in skill-based open play. Ratings ensure players participate in activities and matches aligned with their skill level. Failure to obtain a rating within the required time may result in restricted access to Club activities until the requirement is met. Any Secondary Member wishing to participate in skill-based open play and tournaments must also obtain a rating in the same time frame.

Court Reservations:
Members may hold a maximum of one morning court reservation and one afternoon or evening court reservation per day, subject to the reservation duration and booking rules established by The FORT. The following conditions apply:

• A minimum of 24 hours' notice is required to cancel a court reservation or a reservation fee as listed in the Membership and any Guest Fees shall apply (see Exhibit B). FORT will make every effort to fill the cancelled reservation in which case the member will not be charged.
• Advance court reservations may be made up to fourteen (14) days in advance for All Hours and Off-Peak memberships, and up to seven (7) days in advance for Social memberships.

MEMBER DISCOUNTS:
Members are entitled to discounts that will be published and updated at the FORT’s discretion. Members must present their ID and proof of membership when requested.

Additional Agreements And Covenants.
Use of The FORT’s pickleball courts is subject to reservations, and walk-in use of the pickleball courts may be limited or restricted by The FORT. Membership does not guarantee use of a pickleball court, and Members may have to wait an indeterminate period to use a pickleball court. Unless otherwise expressly specified, membership does not include private events (including birthday or other parties, team or league events and parties, corporate events, group events or events that require separate admission).

Membership does not guarantee admission, especially during high attendance or other closure periods.

Closures and Force Majeure.

The FORT may temporarily close, reduce hours, or restrict access to all or part of the facility due to weather (including hurricanes and flooding), poor air quality, government orders, utility failures, maintenance, tournaments or events, or other circumstances beyond its reasonable control. Temporary closures, reduced hours, court unavailability, or event displacement do not automatically entitle Members to refunds, credits, or extensions, except as required by applicable law.

The FORT may update its operational rules, hours, reservation procedures, benefits, and policies upon reasonable notice, such as by email or a posting on our website. Material changes to the price or core benefits of a prepaid annual membership will generally take effect on the Member’s next Anniversary Date, except where an earlier change is reasonably required for safety, legal compliance, facility operations, or circumstances beyond The FORT’s control.

GENERAL PROVISIONS.
Assumption of Risk; Waiver. Participation in pickleball and other activities at The FORT involves inherent risks of injury. Membership is subject to and conditioned upon the Member’s (and each Secondary Member’s) execution of The FORT’s Waiver of Liability, which is incorporated into this Agreement by reference. The Member assumes all such risks on behalf of the Member and all Secondary Members.

Limitation of Liability. To the fullest extent permitted by law, The FORT and its owners, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to this Agreement or the use of the facility. In no event shall The FORT’s total liability exceed the amount of membership fees paid by the Member during the twelve (12) months preceding the event giving rise to the claim.

Indemnification. The Member agrees to indemnify and hold harmless The FORT from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from the acts or omissions of the Member or any Secondary Member or guest, or from any violation of this Agreement or the Rules and Regulations.

Photograph and Media Release. The Member acknowledges that The FORT may photograph, film, or record members and guests at the facility and during events, and consents to The FORT’s use of such images and recordings for marketing and promotional purposes without compensation. A parent or legal guardian consents on behalf of a minor Secondary Member. A Member may withdraw this consent by submitting a written request to The FORT that reasonably identifies the individual; withdrawal applies prospectively only and does not require The FORT to recall or remove materials already published. The FORT will make reasonable efforts to honor a Member’s prospective withdrawal request, but cannot guarantee exclusion from incidental crowd or background images captured in public areas or at large events.

Governing Law and Venue. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The parties agree that venue for any dispute shall lie exclusively in the state or federal courts located in Broward County, Florida.

Entire Agreement; Severability; No Waiver; Assignment. This Agreement, together with Exhibit A (Rules and Regulations), Exhibit B (Membership Plans and Pricing), and the Waiver of Liability, constitutes the entire agreement between the parties and supersedes all prior understandings. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. The FORT’s failure to enforce any provision is not a waiver of its right to do so later. The Member may not assign this Agreement; The FORT may assign it in connection with a sale or transfer of the business.