Terms & Conditions
Members are responsible for booking their own activity or court reservation using the online member portal.
- Drop in and ladder night bookings must be paid at the time of booking if not included in your membership.
- Court bookings may be reserved in advance but must be paid in person at reception by the member that made the reservation prior to the start of the booking. The Club reserves the right to charge your card on file if you do not pay prior to the start of your booking.
- Bookings are not required for individual drop-in use of the fitness gym or member’s lounge during opening hours for those with Premium memberships.
Private events, public events, or other functions may have their own booking system or may require the Club to be closed during this time. These functions may be additional charges to members or may not be open to members and the Club reserves the right to change its hours of operation at any time without notice at the sole discretion of the Club.
All members of the facility must book and check in for all sessions they have reserved. It is recommended to arrive at least 15 minutes prior to a session to complete check in.
The Club reserves the right to change assigned court numbers at any time.
The time of a booking does not extend when a member is late. Members must book additional sessions if they intend to extend their play and must check in prior to the start of each additional session. If there are no available spots, the member may not extend their play session.
If a member stays on to play, the Club has the right to charge additional fees for any form of extended play based on the hourly court reservation rate.
If a member is unable to attend a court booking, they must cancel at least 48 hours prior to the start of the booking. If a member is unable to attend a drop in, ladder night, or any other type of booking, they must cancel at least 24 hours prior to the start of the booking.
If not enough notice or if no notice is provided, this is considered a no show. If a member is more than 30 minutes late to a session, their booking will be forfeited and this will also be considered a no show.
There will be no refund of any booking payments made for no shows. If a booking payment has not been made, a booking payment will be charged to the member’s card on file or will be due payable prior to the start of the next booking. The booking payment will be the full amount of the type of reservation made.
The Club may, at its sole discretion, charge a fine to those on Premium Memberships for no shows. The Club will not tolerate no shows and reserves the right to modify, suspend or terminate a membership due to no shows.
The Club also reserves the right to modify, suspend, or terminate a membership or charge fines to a member for attempting to abuse any booking policies, including repeated reservations and cancellations, even if done more than 24 or 48 hours in advance.
In the event of cancellation of bookings by the Club, alternate bookings can be made or any paid booking payments can be refunded. In no event will membership fees be refunded.
For group bookings, events or private functions, please contact the Club for more details on booking and cancellation policies.
The Club reserves the right to add, modify, or remove any part of these Booking Policies at its sole discretion and without prior notice. Any updates to these terms or other Club policies will be promptly published on the website or on site at the facility. It is your responsibility to check regularly for changes. Your continued use of or access to the website, facility or any of the Club’s services following the posting of any changes constitutes acceptance of those changes.
If you do not agree to this Booking Policy, you may not use any part of the Club’s website, facility, or any of its services in any capacity. By accessing or using any part of the Club’s website, facility, or any of its services in any capacity, you agree to be bound by this Booking Policy.
Member/Guest fully accepts and assumes all risks inherent in visiting Smash Champs and engaging in physical activities offered at Smash Champs (including, without limitation, using the badminton courts, fitness gym, and other activities), whether known or inherent in the activity or not, and responsibility for any and all losses, costs, attorneys’ fees and damages Member/Guest may incur as a result of such visit and participation. To the fullest extent allowed by law, guest hereby releases, discharges, waives any claim of liability against, and covenants not to sue Smash Champs Limited Partnership, Compete Badminton Ltd., 101 – 9755 190th Street Holdings Ltd., 102 – 9755 190th Street Holdings Ltd., all partners, subsidiaries, parent companies, and affiliates of each of the foregoing, rescue personnel, inspectors, underwriters, consultants, and other persons or entities who give recommendations, directions, instructions, or engage in risk evaluation or loss control activities regarding the premises or this activity, and with respect to each of the foregoing, their respective officers, directors, agents, owners, managers and employees, all for the purposes herein referred to as “Releasees,” from any and all liability, claims, demands, losses, or damages caused, or alleged to be cause, in whole or in part, by the negligence of the Releasees or others, including any and all negligence in the court of rescue operations; and member/guest further agrees that if, despite the release, discharge, waiver of liability and convention not to sue agreement I, or anyone on my behalf, makes a claim against any of the Releasees, Member/Guest will indemnify, save, and hold harmless each of the releases from any litigation expenses, attorneys’ fees, loss, liability, damages, or costs which may be incurred as the result of such claim. Without limiting the generality of the foregoing, Guest acknowledges and assumes the inherent risk of exposure to COVID-19 that exists by visiting any public place where other people are present, and guest further HEREBY RELEASES, DISCHARGES, WAIVES ANY CLAIM OF LIABILITY AGAINST, AND COVENANTS NOT TO SUE ANY OF THE RELEASEES FOR ANY ALLEGATION OR CLAIM RELATED TO EXPOSURE TO OR CONTRACTION OF COVID-19 AT Smash Champs.
Member, guest, user, visitor, and each of their family members and invitees (collectively, “Member”), shall at all times comply with the provisions of this policy, all applicable local and federal laws (including Executive or Emergency Orders, as applicable), and rules, policies and regulations of Smash Champs (“Club”). Member agrees not to enter any areas of the Club designated for employees only under any circumstances whatsoever. Member further agrees that Smash Champs may prohibit or restrict Member from bringing any alcoholic beverages for consumption in the Club and agrees to comply with any policy covering such matters. Nothing in this Agreement shall grant to Member any right to market, advertise, promote, provide or sell products or services to other guests in or outside of the Lodge, and Member shall be prohibited from doing so.
Members understand and agree that Smash Champs has a zero tolerance policy for illegal activity and shall report such activity to the appropriate authorities.
Each parent or guardian undertakes and agrees to supervise their children at all times to ensure compliance with the Club’s policies. Parents or guardians may, at their sole discretion, give permission to their children 13 years and older to enter the Club’s premises or use any of the Club’s facilities or equipment without physical on site parental or guardian supervision during staffed hours. Parents or guardians understand and undertake to be ultimately responsible and liable for any conduct; health, safety, welfare and security; activities and services; and purchases of their children despite not being physically present. Parents and Guardians understand that the Club will not offer any supervision of any kind despite the facility having staff on site. Under no circumstances are minors under the age of 18 permitted on site without parental or guardian supervision after staffed hours.
If parents or guardians request an exception from the Club to allow a child under 13 years old to use the facility without physical on site parental or guardian supervision, the parents or guardians understand that the exception by the Club does not constitute acceptance by the Club of supervision or responsibility. Parents or guardians understand and undertake to be ultimately responsible and liable for any conduct; health, safety, welfare and security; activities and services; and purchases of their children despite not being physically present.
Smash Champs may also change facilities, alter or cancel any activities of, deny service of activities to, confine to certain premises, search the property or baggage of any Member when in the sole opinion of Smash Champs, the Member’s conduct or presence, or that of any minor for whom the Member is responsible, is believed to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of others, or is in violation of any provision of the Club’s policies.
Member, or if a minor, his or her parent or guardian, shall be liable for and indemnify Smash Champs Limited Partnership, and its and their employees, agents, and related entities from any civil liability, fines, penalties, costs or expenses incurred by or imposed on Smash Champs or the Club arising from or related to Member’s conduct or failure to comply with any provisions of the Club’s policies, including but not limited to: any purchases by or credit extended to the Member; or any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Member.
Smash Champs may refuse service to any Member, may remove any Member from the Club at any time, and/or may limit any Member to only certain activities at the property (in Smash Champ’s sole discretion), for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a Member refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a Member refuses upon request to produce positive identification; or (iv) for failure to comply with Smash Champ’s terms and conditions and policies, including, for example, Terms and Conditions or Code of Conduct.
These Terms and Conditions (“Terms” or “Terms of Service”), established by Smash Champs Badminton Limited Partnership and its affiliated companies (“we”, “us”, “our”, “Club” or “Smash Champs”), define the rules and policies governing all aspects of the Club’s online websites www.smashchamps.com and www.smashchamps.clubuatomation.com (“Website”) and on-site physical location and facilities at 9755 190th street, Surrey BC, Canada (“Site”).
When you visit our Club online or in person, create an account, make a purchase, use any of our facilities or services or otherwise communicate with us this will be collectively called the “Service” or “Services”. “You”, “your” or “User” means you as the user of the Service, whether you are a customer, in-person or website visitor, or another individual whose information we have collected pursuant to this Privacy Policy. Smash Champs offers this to you, including all information, tools and services available to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our Website or Site. By accessing or using any part of the Club, including the Website or Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms and Conditions, you may not use any part of the Club or its Services in any capacity.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website, Site or Service.
Any new features or tools which are added to the Website or Site shall also be subject to the Terms of Service.
The Club reserves the right to add, modify, or remove any part of these Terms of Service at its sole discretion and without prior notice. Any updates to these Terms or other Club policies will be promptly published on the Website or Site. It is your responsibility to check regularly for changes. Your continued use of or access to the Website, Site or Service following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
GENERAL CONDITIONS
You must comply with all applicable laws. You may not use our Website, Site, products or Services for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction.
You are prohibited from using the Website, Site, or Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Site or Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, Site, or Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website, Site, or Service or any related website for violating any of the prohibited uses.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website or Site, without express written permission by us.
We reserve the right to refuse service to anyone for any reason at any time.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website or Site is not accurate, complete or current. The material is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website or Site is at your own risk.
This Website or Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Website or Site at any time, but we have no obligation to update any information on our Website or Site. You agree that it is your responsibility to monitor changes to our Website or Site.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or Service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products, services, and fines are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service (or any part or content thereof).
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online or in person through the Website or Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website or Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, including but not limited to products or Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to be held personally liable for any changes to your account and agree to pay any part of these charges as applicable, including any fines, repair costs, replacement cost, damages, cancellation fees, etc. as per the policies listed on our Website and Site. You agree that all charges can be charged to the credit on file and understand the Club reserved the right to pre-approve these at the time of registration or booking or of using our Services.
WEBSITE CONDITIONS
You are prohibited from using any automated device, script, program, or technology—including but not limited to deep-links, page-scrapes, spiders, robots, crawlers, or indexing agents—to access, copy, monitor, acquire, or generate data from the Website. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Service.
All materials on this Website are owned by Smash Champs, its hosting provider (Club Automation), or authorized third parties and are intended solely for personal, non-commercial use. You may view or download material from the Site for personal use only, provided that all copyright and proprietary notices remain intact.
The reproduction, duplication, distribution (including via email or other electronic means), publication, modification, copying, or transmission of material from this Site is STRICTLY PROHIBITED unless prior written consent is obtained from the Club’s Management or expressly permitted by the Site. Prohibited material includes, without limitation, any text, graphics, logos, photographs, audio, video, or audiovisual stills available on this Site. Additionally, using Site materials on any other website or networked computer environment is similarly prohibited. To request permission to reproduce or distribute materials from this Site, please email the Club at [email protected].
You are also strictly prohibited from creating derivative works or materials based on the Site’s content, including fonts, icons, link buttons, wallpaper, desktop themes, online postcards, greeting cards, and unlicensed merchandise, regardless of whether such derivatives are sold, bartered, or distributed freely.
By submitting written communications to the Site, you agree that these submissions become the property of Smash Champs, which reserves the right to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publish, display, or delete these communications at its discretion.
By providing your e-mail address, you consent to receiving promotional e-mails from Smash Champs and its related and/or affiliated companies.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, in person or otherwise (collectively, “comments”), you agree that these submissions automatically become the property of the Club. We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, Website, Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
THIRD PARTIES
Certain content, products and services available via our Website, Site, or Service may include materials or access to third-party tools or providers (“Third Parties”) over which we neither monitor nor have any control nor input.
Third-party links on the Website, Site, product or Service may direct you to third-parties that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties regardless if on the Website or on Site.
You acknowledge and agree that we provide access to such Third Parties without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third Parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party regardless if on the Website or on Site.
Any use by you of optional Third Parties offered is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Third Parties are provided by the relevant third-party provider(s). Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may also, in the future, offer new services and/or features (including, the release of new tools, resources, or providers). Such new features and/or services shall also be subject to these Terms of Service.
EMPLOYMENT OPPORTUNITIES
The Club may post employment opportunities for Smash Champs on the Website, Site, or invite users to submit resumes. By submitting your name, contact information, resume, and/or other personal details in response to employment listings, you authorize the Club to use this information for lawful and legitimate hiring and employment purposes. Smash Champs reserves the right, at its sole discretion, to forward the information you provide to its management and affiliates for legitimate business purposes. Nothing in these Terms and Conditions, or on this Site, constitutes a promise or guarantee by Smash Champs to interview, hire, or employ any individual who submits information, nor does it guarantee that the Club will review all information submitted by users.
ADVERTISING
When establishing hypertext links, you must not imply or state, either expressly or by implication, that you have received endorsement, sponsorship, or support from this Site or the Club, including its owners, employees, affiliates, or other users.
If Smash Champs provides links or pointers to other websites, whether on this Site or elsewhere, no inference or assumption should be made, nor should any representation be implied, that the Club is connected with, operates, or controls those websites. The Club is not responsible for the content or practices of third-party websites that may be linked to this Site. This Site may also contain links to websites operated by companies affiliated with or connected to the Club. When visiting other websites, you should refer to each website’s own Terms of Use, Terms of Service, or Terms and Conditions, and not rely on these Terms.
Smash Champs does not endorse and is not responsible for third-party advertisements posted on this Site, nor does it assume responsibility for the goods or services offered by advertisers. The Club reserves the right, at any time and for any reason not prohibited by law, to deny permission to anyone linking to www.smashchamps.com.
COPYRIGHT INFRINGEMENT
If you believe that any material on this Site infringes your copyright, you should notify Smash Champs of your copyright infringement claim by following the procedure outlined below. The Club will review and process notices of alleged infringement in accordance with the Copyright Act and other applicable intellectual property laws.
As required by the Copyright Act, notifications of claimed copyright infringement must be sent to the Club’s Management at [email protected]. Please include the following information in your notice:
- A statement that the complaining party has a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law; or
- 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 an exclusive right that is allegedly infringed.
Emails sent with the subject “COPYRIGHT” to [email protected] for purposes other than communication regarding copyright claims may not be acknowledged or responded to.
INDEMNITY – DISCLAIMER OF LIABILITY AND WARRANTIES
While Smash Champs makes reasonable efforts to ensure the optimal performance of the Website or Site, you agree that your use and reliance on any material contained within it is at your own risk. To the fullest extent permitted by law, the Website and Site, and all materials on them, are provided “as is” and without warranties of any kind, either express or implied. This means, without limitation, that Smash Champs does not warrant that the Website or Site is fit for any particular purpose, that the functions contained in the materials on the Website or Site will be uninterrupted, accurate, complete, or current, or that the Website or Site is free of viruses or other harmful components.
You acknowledge that Smash Champs Limited Partnership, along with its affiliates, partners, owners, members, guests, managers, employees, representatives, and agents, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures, or for the theft, destruction, damage, or unauthorized access to your computer system or network.
You also acknowledge that the Club is not responsible for any defamatory, offensive, or illegal conduct or material found in connection with the Website or Site, including conduct or material transmitted by other users or parties.
You acknowledge that the Club is not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, arising from or in connection with your use of, or inability to use, the Website or Site.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
In no case shall Smash Champs Limited Partnership or its affiliated companies, including its partners, owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any product procured, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use or loss of use of the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Smash Champs Limited Partnership and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website or Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, or you have violated any applicable law, rule, regulation or engaged in unacceptable conduct, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
LEGAL COMPLIANCE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
You shall comply with all applicable domestic and international laws, statutes, and regulations in regards to usage of the Website, Site and all aspects of the Club.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
This Privacy Policy describes how Smash Champs Limited Partnership and its affiliated companies (the “Site”, “we”, “us”, or “our”) collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from our website or in person or otherwise communicate with us (collectively, the “Services”). For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the “Last updated” date and take any other steps required by applicable law.
How We Collect and Use Your Personal Information
To provide Services, we collect personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
What Personal Information We Collect
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term “personal information”, we are referring to information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Information We Collect Directly from You
Basic contact details including your name, address, phone number, email;
Order information including your name, billing address, shipping address, payment information, payment confirmation, email address, phone number;
Account information including your name and email;
Shopping information including the items you view, put in your cart;
Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services;
Service information like attendance, matches, scores, ranking, gameplay footage.
Information We Collect through Cookies
We automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, pixels and similar technologies (“Cookies”). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
Companies who support our Site and Services, such as Club Automation;
Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with the products you have requested, in order to perform our contract with you;
Player ranking information from tournaments, ladders, or other events;
When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you and others, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, facilitate any returns and exchanges, to determine player rankings, to host ladder, tournaments or other events;
Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising, and promotional communications through email, social media, in person, or on our site. This may include using your personal information to better tailor the Services and advertising;
Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal, or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately;
Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our site with Club Automation, see https://www.clubautomation.com/. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, coaching, lessons, event management, maintaining player ranking information);
With other individuals and third parties who are interested in, participate in or help manage our Services (e.g., ladders, tournaments, events, player rankings);
With business and marketing partners, including Club Automation, to provide Services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices;
When you direct, request, or otherwise consent to our disclosure of certain information to third parties;
With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business;
In connection with a business transaction, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
User Generated Content.
The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.
Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Contact
If you have questions or complaints about how we process your personal information, please contact us at [email protected]
Smash Champs offers different membership tiers for its users with each tier offering different amenities, access, activities, cost, etc. Please refer to the website or on site for more information on the various options.
Please note that no membership is required to visit the Pro Shop but that a membership is required to visit the Badminton Courts, Member’s Lounge, Fitness Gym and any other part of the facility (“Amenities” or “Facility”).
All guests intending to be a member and use the amenities will be required to create an online account for member registration, court reservations, activity bookings, etc. All guests registering for membership will be required to read and abide by the Terms and Conditions, Code of Conduct and any Rules or Policies set forth by the Club. If you do not agree to this Membership Policy, you may not register or use any part of the Club’s website, facility, or any of its services in any capacity. By registering, accessing or using any part of the Club’s website, facility, or any of its services in any capacity, you agree to be bound by this Membership Policy.
Account registration will require credit card information put on file for payment of selected membership tier. Members understand that depending on the membership tier selected, they agree to sign up for automatic monthly or annual payments charged to their card on file for their membership fee. Membership fees are non-refundable and must be cancelled prior to the renewal term as specified below:
- Annual memberships paid in full – Full payment of the whole annual membership term will be charged up front. The membership must be renewed at the end of its term at current member pricing (unless previously locked in) by purchasing a new membership online or in person at the Club.
- Annual memberships paid monthly – Payment of the annual membership will be done monthly but the member is committing to an annual membership term. The membership must be renewed at the end of its term at current member pricing (unless previously locked in) by purchasing a new membership online or in person at the Club.
- Monthly memberships – The membership term is month to month and the payment will happen automatically monthly unless terminated 2 weeks prior to the payment date.
- One month membership – The membership is valid for one month only and must be manually renewed at current member pricing.
- One day membership – The membership is valid one one day only and must be manually renewed at current member pricing.
All members who purchase memberships online must check into reception upon their first visit to the Club to verify their ID and account information and receive their access bracelet. A deposit will be required when the bracelet is issued and will be refunded upon returning the access bracelet at the end of a membership. If a bracelet is not returned when required, the deposit will be forfeited.
Access bracelets are included in the membership and provide quick and easy check in at reception for future sessions and also provide door access to Premium Member facilities like the gym and lounge, and also for facility access after staffed hours where applicable. Registration for activities are based on eligibility and availability. Access to the Member’s Lounge, Fitness Gym, and Towel Service are based on eligibility and availability on a first come first serve basis.
Access bracelets and memberships cannot be used or shared with any other individual. All memberships are required to have access bracelets and all access bracelets must be returned upon the membership ending.
Memberships and access bracelets are non-refundable, non-transferrable, and non-resaleable. They may only be used by the individual it was originally assigned to and cannot be shared or paused by the member. Smash Champs, at its sole discretion, may revoke memberships or bracelets without notice.
If your access bracelet is lost, stolen or forgotten, you must report this to reception immediately and have them issue a replacement at an additional cost. Children under 13 must be accompanied by a parent or guardian to receive a replacement bracelet. Smash Champs reserves the right to hold any bracelet holder responsible for the subsequent unauthorized use of any bracelet within their control.
No service will be provided for any overdue accounts and past due accounts are subject to cancellation and collection.
Please note that services and prices shown are subject to taxes and may change at any time at the sole discretion of the Club.
Please note that the Club reserves the right to grant, modify, or revoke membership or access privileges for all members at any time.
Access, activities, and hours of operation may change at any time without notice at the sole discretion of the Club. The Club may be closed occasionally for holidays, tournaments, private or public events, or other functions or reasons.
Private events, public events, or other functions may have their own booking system or may require the Club to be closed during this time. These functions may be additional charges to members or may not be open to members and the Club reserves the right to change its hours of operation at any time without notice at the sole discretion of the Club.
Parents must purchase memberships on behalf of their children through a linked member profile. Please note that unless disabled, both the children or the parent may enroll for activities or make court reservations. All purchases on any children’s account are the responsibility of the linked adult member profile. Kids (age 12 & under) qualify only for the Play Membership and must be supervised at all times by a parent or guardian. If parents request an exemption from the Club for their children to be eligible for a premium membership, which includes fitness gym access, the parents understand that the exception by the Club does not constitute acceptance by the Club of supervision or responsibility. In either case, the parents understand and undertake to be ultimately responsible and liable for any conduct; health, safety, welfare and security; activities and services; and purchases of their children despite being physically or not physically present. Parents and Guardians understand that the Club will not offer any supervision of any kind despite the facility having staff on site. Under no circumstances are minors under the age of 18 permitted on site without parental or guardian supervision after staffed hours.
If the Club expands premium member access to include court drop in or rental outside of staffed operating hours, the member understands that the facility is not staffed during this time and they use the facility at their own risk and must abide by all terms and conditions, policies, rules, and code of conduct set by the Club.
No member should allow any other individual into the facility or into any member authorized areas. Each member should be scanning their own access bracelet for access. Members should close doors behind them, especially outside of staffed hours to ensure safety.
Damage to or theft of Club property by a Member or Non-Member may be charged to the respective Member’s account. The Member or Non-Member may also be subject to disciplinary action as part of the Code of Conduct.
A Member is required to indemnify the Club for any loss or damage caused to the Club or Club property by the Member’s Child or for any other claims involving the Member’s Child, who is 18 years of age or under.
The Club reserves the right to add, modify, or remove any part of these Membership Policies at its sole discretion and without prior notice. Any updates to these terms or other Club policies will be promptly published on the website or on site at the facility. It is your responsibility to check regularly for changes. Your continued use of or access to the website, facility or any of the Club’s services following the posting of any changes constitutes acceptance of those changes.
If you do not agree to this Membership Policy, you may not use any part of the Club’s website, facility, or any of its services in any capacity. By accessing or using any part of the Club’s website, facility, or any of its services in any capacity, you agree to be bound by this Membership Policy.