SMASH INDOOR SPORTS

FULL WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION

AGREEMENT, CANCELLATION POLICY, AND TERMS & CONDITIONS

1. INTRODUCTION

By purchasing a membership, reserving or renting any space, booking a lesson, camp, clinic, practice,

training session, event, or program, entering any SMASH Indoor Sports (“SMASH”) property, using any

electronic access credentials assigned by SMASH, or otherwise accessing or using any SMASH facility,

you acknowledge that you have read, understand, and voluntarily agree to be bound by this Full

Waiver, Release of Liability, Assumption of Risk, Indemnification Agreement, Cancellation Policy,

Membership Terms & Conditions, Facility Rules, and all other policies established by SMASH Indoor

Sports.

This Agreement applies to all participants, members, renters, spectators, guests, coaches, instructors,

organizations, teams, and any other individual entering or using a SMASH facility. Parents and legal

guardians acknowledge and agree to these Terms on behalf of any minor participant under their care.

This Agreement is intended to be interpreted as broadly and inclusively as permitted under Nebraska

law. If any provision is invalid or unenforceable, the remaining provisions remain in effect.

By purchasing a membership, making a reservation, renting space, entering any SMASH facility, or

utilizing electronic access credentials, you acknowledge your acceptance of this Agreement. Such

acceptance shall have the same force and effect as a handwritten signature to the fullest extent

permitted by law.

2. ACKNOWLEDGEMENT OF INHERENT RISKS

Participation in baseball, softball, soccer, football, training, strength work, batting cages, turf

activities, team practices, and use of pitching machines involves inherent risks including,

but not limited to:

• Impact from balls, bats, equipment, or other participants

• Operation, misuse, or malfunction of pitching machines or equipment

• Collisions, slips, trips, falls on turf, concrete, nets, or facility surfaces

• Injuries from coaching, training, drills, or conditioning activities

• Injuries from improper technique or physical limitations

• Equipment failure or defects

• Weather-related conditions

• Negligence of other participants, coaches, or third parties

I knowingly and voluntarily accept all such risks, whether known or unknown.

3. ASSUMPTION OF RISK

I understand that participation in any activity at SMASH Indoor Sports may result in serious bodily

injury, permanent disability, paralysis, illness, property damage, or death.

I knowingly and voluntarily assume full responsibility for all risks, whether known or unknown,

inherent or otherwise, including risks arising from the actions of others, the condition of the premises,

equipment malfunction or misuse, unauthorized use of space or equipment, failure to follow rules, my

own physical condition, and failure to supervise minors.

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Participation is voluntary. I certify that I am physically and mentally capable of safely participating. I

acknowledge that I have had the opportunity to read and understand all Facility Rules, Membership

Policies, operational procedures, safety requirements, and Terms & Conditions established by SMASH

Indoor Sports. I agree to comply with all posted rules and policies.

I understand that SMASH Indoor Sports cannot eliminate all risks and I voluntarily assume all risks

associated with my participation and the participation of any minor under my care

4. RELEASE OF LIABILITY

I hereby RELEASE, WAIVE, AND FOREVER DISCHARGE SMASH Indoor Sports, its owners,

officers, employees, contractors, coaches, volunteers, insurers, affiliates, and agents

(“Releasees”) from any and all claims, demands, liabilities, or causes of action arising from:

• Injury, disability, death, or property damage

• Caused by negligence of Releasees or otherwise

• Occurring on, within, or around SMASH facilities, equipment, or events

This applies even if injury results from Releasees’ negligence.

5. INDEMNIFICATION & HOLD HARMLESS

I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS SMASH and all Releasees from any

and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs,

and expenses, including reasonable attorney’s fees and costs, arising out of or relating to:

• Me or my minor child

• Other participants or spectators due to my actions

• Any third party for injuries, property damage, or equipment damage I cause

• Any violation of this Agreement or facility rules

• Any chargeback, payment dispute, or breach of payment provisions

This obligation includes a duty to defend from the outset of any claim and survives

termination of participation and use of the facility.

6. MEDICAL AUTHORIZATION

I authorize SMASH staff to provide basic first aid and to contact emergency personnel. I

agree I am solely responsible for any resulting medical expenses.

7. INSURANCE AND HEALTH ATTESTATION

I certify I have adequate health insurance to cover injuries I or my child sustain, or I agree to

pay such costs myself. I certify I have no medical conditions that would impair safe participation.

8. FACILITY RULES, CONDUCT & OPERATIONAL POLICIES

I. General Responsibility & Conduct

 Adults are responsible for the actions and behavior of any youth they bring into the facility.

 Anyone under the age of 18 must have adult supervision on site at all times.

 Renters are responsible for supervising their participants and ensuring all rules and regulations are

followed.

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 Misconduct, horseplay, or inappropriate behavior will not be tolerated.

 Any fighting may result in permanent termination of use and possible criminal charges.

 This is a family-friendly facility. Profanity, vulgar language, or inappropriate gestures are not

permitted.

 No person under the influence of drugs or alcohol is permitted in the facility. Alcohol consumption

is strictly prohibited.

 Firearms are prohibited on the premises.

 Members, renters, guests, coaches, and participants are responsible for ensuring that all individuals

entering the facility under their reservation or membership are authorized to do so.

 All persons using the facility shall comply with these Terms & Conditions, Facility Rules,

Membership Policies, posted signage, and staff instructions.

 Misuse of reservations, memberships, electronic access credentials, or facility space may result in

suspension or termination of facility privileges without refund.

II. Safety & Personal Responsibility

 All individuals enter and use the facility at their own risk and are expected to use common sense at

all times.

 Remain alert and aware of your surroundings at all times.

 All participants must be properly equipped for all sports activities.

 All participants in turfed areas must wear appropriate footwear. No metal cleats allowed.

 Batters must wear helmets at all times while hitting in tunnels. Helmets are not provided.

 Only individuals inside the turfed training areas may swing a bat.

 Participants shall use all equipment, tunnels, cages, quads, turf areas, and training spaces only for

their intended purpose.

 Unsafe behavior, reckless conduct, or misuse of equipment may result in immediate removal from

the facility.

 Participants are responsible for reporting damaged equipment or unsafe conditions.

III. Equipment & Facility Use

 No one under the age of 18 is permitted to operate pitching machines.

 The renter is fully responsible for pitching machine use and participant safety.

 Pitching machines must be properly set up, taken down, and returned to storage by the renter.

 No person may pull on, hang from, or otherwise damage any netting.

 All balls, tees, and other equipment must be returned to storage after use.

 Respect the facility and equipment. Leave the space in equal or better condition.

 Equipment is intended only for use within the reserved or assigned space unless otherwise

authorized.

 Equipment shall not be relocated between tunnels, cages, quads, or other training areas without

prior approval.

IV. Food, Drink & Prohibited Items

 No food or drink is allowed in any turfed areas.

 No sunflower seeds, chewing gum, or tobacco products are permitted anywhere in the facility.

 No glass containers are permitted in turfed areas.

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 No animals are allowed in turfed areas (service animals excepted).

V. Scheduling, Access & Time Management

 Please respect your reserved rental time and plan to enter and exit within your scheduled window.

 Late arrivals do not extend rental time.

 Using the facility outside your reserved time or assigned space may result in additional charges.

 Facility access is limited to scheduled rental times unless authorized.

 Participants may only occupy the specific tunnel, cage, quad, turf area, or other space reserved or

assigned.

 Entering or utilizing additional facility space without authorization constitutes Unauthorized Use of

Space.

 The fact that another space appears vacant or unused does not authorize its use.

 Electronic access credentials may not be shared.

 Members and renters may not permit unauthorized entry ('tailgating').

 The individual making the reservation or using the assigned access credential must remain present

throughout the reservation.

VI. Damage, Liability & Enforcement

 Any damage or destruction may result in permanent termination and/or criminal prosecution.

 The renter is responsible for full repair or replacement cost of damages.

 SMASH Indoor Sports is not responsible for lost or stolen items.

 24-hour video surveillance is in use.

 A signed waiver is required prior to participation.

 Failure to comply may result in removal without refund.

 SMASH Indoor Sports reserves the right to amend these rules at any time.

 Unauthorized Use of Space may result in charges of up to two (2) times the standard rental rate,

administrative fees, suspension or termination of membership privileges, and charges to the

payment method on file.

 SMASH may utilize video surveillance, reservation records, electronic access logs, and other

evidence to verify unauthorized use.

VII. Emergency Procedures

 In the event of an emergency, call 911 immediately and notify SMASH management.

VIII. Instruction & Coaching

 Unauthorized private instruction, paid coaching, commercial training, or organized instruction is

prohibited without prior written approval from SMASH Indoor Sports.

 Facility reservations and memberships may not be used to conduct organized team practices,

commercial instruction, or other activities intended to circumvent standard rental fees or approved

trainer agreements.

IX. Clean-Up Expectations

 Trash must be disposed of properly.

 Excessive cleanup may result in additional charges.

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9. PERSONAL PROPERTY DISCLAIMER

SMASH is not responsible for lost, stolen, or damaged personal items.

10. CANCELLATION & CREDIT POLICY

All reservations require prepayment upon scheduling.

STRICT SEVEN (7) DAY CANCELLATION POLICY:

Cancellations made fewer than seven (7) calendar days prior to the scheduled start time:

• NO credit will be issued

• NO refund will be issued

• The full reservation fee is forfeited

Cancellations made at least seven (7) calendar days prior:

• No cash refunds

• A facility credit equal to 100% of the amount paid will be issued

Credits:

• Must be used within the same pricing tier and timeframe originally purchased

• May not be applied to higher-priced time without payment of the difference

• Are non-transferable unless approved in writing

• Expire one (1) year from original reservation date

Weather, improved outdoor conditions, field availability, tournament changes, or schedule adjustments do NOT

waive this policy.

Recurring and seasonal blocks are subject to the same seven (7) day rule. Failure to use reserved time does

not relieve payment obligation.

Rescheduling, if permitted, may result in an administrative fee up to $25 or 10% of the reservation value,

whichever is greater.

By providing payment information, I authorize SMASH to charge the payment method on file for rentals,

damages, unauthorized usage, unpaid balances, administrative fees, and chargeback recovery costs.

Memberships auto-renew monthly; cancellations require thirty (30) days’ written notice via email. Memberships

are non-refundable and may not be paused unless expressly approved in writing.

RECURRING MEMBERSHIP AUTHORIZATION

By purchasing any SMASH Indoor Sports membership, including a Smash Pass, the member authorizes

SMASH Indoor Sports to automatically charge the payment method on file for all recurring membership fees and

any other charges authorized under this Agreement until the membership is properly canceled in accordance

with these Terms & Conditions.

It is the member’s responsibility to maintain a valid payment method on file. Failure of a payment method does

not cancel the membership or relieve the member of any payment obligations.

Members may update their payment information through their member account or by contacting SMASH Indoor

Sports.

SMASH PASS MEMBERSHIP POLICIES

The following policies apply to all Smash Pass memberships. SMASH Indoor Sports reserves the right to create,

modify, suspend, discontinue, or replace any membership program, membership benefit, reservation privilege,

booking window, reservation limit, pricing, facility availability, or other membership feature at any time, subject to

applicable law.

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Participation in any membership program constitutes acceptance of these Membership Policies in addition to all

other provisions of this Agreement.

Smash Pass – Player

The Smash Pass – Player is an individual membership for one (1) named member only.

• Membership is non-transferable.

• Only the named member may utilize the membership and make reservations under the membership.

• The member must be present and actively participating during each reservation.

• A named member may share the reserved tunnel with up to two (2) additional active SMASH or EAA members.

A parent or legal guardian may assist by pitching, throwing, catching, or feeding balls, provided the named

member remains present and actively participating.

• Unless SMASH expressly authorizes otherwise, no more than three (3) individuals total may occupy or actively

use the reserved tunnel or training space, including any assisting parent or guardian.

• Participation must remain informal and member-directed. A coach, instructor, team representative, or other

individual may not use or coordinate membership reservations to conduct a lesson, team practice, organized

workout, or coach-led training session.

Smash Pass – Family

The Smash Pass – Family is intended only for immediate family members residing within the same household.

• All participating family members must reside at the same primary residential address.

• Only family members listed on the membership may participate.

• Friends, teammates, extended family members, cousins, or other non-listed individuals are not permitted.

• SMASH Indoor Sports reserves the right to verify household eligibility.

• Family membership reservations remain subject to the three-person maximum unless SMASH expressly

authorizes otherwise.

• A Family membership may not be combined with other memberships or coordinated reservations to conduct or

approximate a team practice, organized workout, lesson, or coach-led training session.

Smash Pass Reservations

Reservation privileges, booking windows, reservation limits, and facility availability shall be established by

SMASH Indoor Sports and may be modified from time to time.

Reservations remain subject to availability and do not guarantee access to any specific tunnel, cage, lane, quad,

training area, or reservation time. Reservation privileges are personal to the member and may not be transferred

or assigned.

Cancellation & No-Show Policy

Smash Pass reservations must be canceled at least seven (7) calendar days before the scheduled reservation

time.

A no-show includes:

• Failure to attend a scheduled reservation.

• Cancellation less than seven (7) calendar days before the scheduled reservation.

Members accumulating three (3) no-shows within any rolling thirty (30) day period shall have Smash Pass

reservation privileges suspended for thirty (30) days.

During a suspension:

• Membership payments continue.

• Reservation privileges are suspended.

• Reservation privileges automatically resume after the suspension period.

Membership Usage

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Smash Pass memberships are intended solely for individual player development or eligible family training.

Memberships shall not be used for:

• Team practices.

• Organized group workouts.

• Commercial instruction.

• Paid coaching.

• Activities intended to circumvent standard facility rental fees.

• Coordinating separate, consecutive, staggered, or overlapping membership reservations for the purpose of

conducting or approximating a team practice, organized workout, lesson, or coach-led training session.

Participation limits applicable to Smash Pass memberships shall be established by SMASH Indoor Sports.

Unless otherwise authorized, no more than three (3) participants may be present during any Smash Pass

reservation.

VICTORY CENTER RESTRICTIONS

The Victory Center is intended solely for individual and limited small-group tunnel use. Team practices, team

workouts, team gatherings, and organized group use are prohibited through any Smash Pass or EAA

membership.

Due to the size, configuration, and safety limitations of the Victory Center, no more than three (3) individuals

total may occupy or actively use a reserved tunnel area at any time. This limit includes participating members,

assisting parents or guardians, coaches, instructors, and any other person present in or around the reserved

tunnel area.

Team coaches and membership participants will be informed of these restrictions. SMASH staff may monitor

and enforce these rules, determine whether a reservation is being used improperly, remove excess or

unauthorized individuals, and suspend or terminate membership or reservation privileges as permitted by this

Agreement.

Membership Abuse

SMASH Indoor Sports reserves the right to suspend or terminate any membership if it determines, in its sole

discretion, that the membership is being misused or abused.

Examples include, but are not limited to:

• Sharing memberships.

• Sharing electronic access credentials.

• Bringing unauthorized participants into the facility.

• Misrepresenting Family Pass eligibility.

• Conducting team practices.

• Conducting commercial instruction.

• Coordinating multiple memberships or reservations to avoid participant limits, booking restrictions, standard

rental fees, or team-rental requirements.

• Exceeding the three-person participation or occupancy limit, including at the Victory Center.

• Refusing to comply with instructions from SMASH owners, managers, employees, or authorized

representatives.

• Repeated violations of Facility Rules or Membership Policies.

• Any attempt to circumvent the intent or purpose of the Smash Pass program.

Suspension or termination of membership shall not relieve the member of any outstanding financial obligations

owed to SMASH Indoor Sports.

By purchasing a Smash Pass, the member acknowledges that they have read, understand, and agree to all

Smash Pass Membership Policies, Facility Rules, Cancellation Policies, the recurring payment authorization,

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and all other Terms & Conditions contained in this Agreement. Before making the member’s first reservation,

and whenever these rules are updated, the member must affirmatively check the agreement box in the Swift

booking system to acknowledge and accept the then-current Agreement.

11. FORCE MAJEURE; NO REFUNDS; NO CHARGEBACKS OR PAYMENT DISPUTES

SMASH Indoor Sports shall not be liable for any failure, delay, cancellation, suspension,

interruption, or modification of services, reservations, rentals, memberships, events, camps,

lessons, practices, or programs due to circumstances beyond its reasonable control (“Force

Majeure Events”).

Force Majeure Events include, but are not limited to:

• Severe or inclement weather or weather-related conditions

• Power outages, utility failures, internet, software, or system outages

• Facility damage, flooding, fire, or mechanical or equipment failure

• Staffing shortages, illness, injury, or unavailability

• Government orders, public health emergencies, pandemics, or acts of civil authority

• Acts of God, natural disasters, or emergencies

• Any condition or circumstance that SMASH determines, in its sole discretion, makes

operation impracticable or unsafe

In the event of a Force Majeure Event, SMASH reserves the sole and absolute discretion to

cancel, reschedule, suspend, shorten, or modify services without liability. No cash refunds

will be issued as a result of a Force Majeure Event.

If any relief is offered, it shall be solely at the discretion of SMASH and may be limited to a

facility credit, subject to expiration dates, restrictions, and conditions determined

exclusively by SMASH. SMASH is under no obligation to provide any refund, credit, or

rescheduled time.

NO CHARGEBACKS / NO PAYMENT DISPUTES:

By signing this Agreement, I expressly agree that I will not initiate, file, or pursue any

chargeback, payment dispute, or reversal with any credit card company, bank, payment

processor, or financial institution for charges related to services impacted by a Force

Majeure Event or otherwise governed by this Agreement.

Initiating a chargeback or payment dispute in violation of this Agreement constitutes a

material breach, and I agree to reimburse SMASH for all costs incurred, including

chargeback fees, administrative costs, collection costs, and reasonable attorney’s fees.

12. PHOTO & VIDEO RELEASE

I grant SMASH the right to photograph, video record, and use my or my child’s likeness for

marketing, training, or promotional purposes without compensation.

13. GOVERNING LAW, ARBITRATION & CLASS ACTION WAIVER

This Agreement shall be governed by and interpreted in accordance with the laws of the

State of Nebraska.

All disputes shall be resolved exclusively by binding arbitration under the American

Arbitration Association. Venue shall be Omaha, Nebraska. If court involvement is required

for enforcement, jurisdiction shall lie in Douglas County District Court, Nebraska.

I waive the right to trial by jury.

I further waive participation in any class action, collective action, consolidated proceeding,

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or representative action. All claims must be brought individually.

14. PERSONAL GUARANTY (TEAM BOOKINGS)

If a reservation, recurring time block, seasonal block, camp, or program is made on behalf of

a team, organization, club, league, school, or other entity, the individual executing this

Agreement or securing the reservation (“Responsible Party”) personally guarantees

payment and performance of all financial obligations under this Agreement.

The Responsible Party agrees:

• To be jointly and severally liable for all charges, fees, damages, cancellations, unpaid

balances, rescheduling fees, equipment damage, unauthorized usage charges, and other

amounts owed.

• That SMASH Indoor Sports may pursue collection against the Responsible Party

individually without first pursuing the organization.

• That the Responsible Party remains personally liable even if the team, organization, or

entity dissolves, withdraws, or fails to pay.

This Personal Guaranty is continuing in nature and applies to all current and future

reservations made under the Responsible Party’s name or account unless expressly revoked

in writing and acknowledged by SMASH.

SMASH Indoor Sports shall be entitled to recover all reasonable attorney’s fees, court costs,

arbitration fees, and collection expenses incurred in enforcing this guaranty.

15. INTERPRETATION & ENFORCEMENT; SEVERABILITY; SURVIVAL

This Agreement shall be interpreted broadly to provide the maximum legal protection to

SMASH Indoor Sports. Any ambiguity shall be resolved in favor of enforceability and in

favor of SMASH.

Failure by SMASH to enforce any provision at any time shall not constitute a waiver of its

right to enforce the same provision in the future.

If any provision is found to be invalid, illegal, or unenforceable under applicable law, the

remaining provisions shall remain in full force and effect. Any unenforceable provision shall

be modified only to the extent necessary to make it enforceable while preserving its original

intent to the maximum extent permitted by law.

The provisions relating to release of liability, indemnification, payment obligations,

chargeback restrictions, governing law, arbitration, class action waiver, guaranty, and

surveillance acknowledgment shall survive termination of participation and use of the

facility.

16. FACILITY USE, SPACE LIMITATIONS & EQUIPMENT RESPONSIBILITY

Participants, teams, members, reservation holders, renters, guests, and all other users may utilize ONLY the

specific tunnel, cage, lane, quad, turf area, or other facility space that has been rented, reserved, assigned, or

otherwise authorized by SMASH Indoor Sports.

Entering, occupying, conducting activities within, or utilizing any additional space that has not been rented,

reserved, assigned, or otherwise authorized constitutes Unauthorized Use of Space.

The fact that a tunnel, cage, quad, turf area, or other facility space appears vacant, unused, or available does

NOT authorize its use without prior approval from SMASH Indoor Sports.

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Examples of Unauthorized Use include, but are not limited to:

• Reserving one tunnel while utilizing another tunnel.

• Reserving a tunnel while conducting activities in a quad or turf area.

• Reserving one quad while expanding into additional quads.

• Using cages, lanes, tunnels, turf areas, or training spaces that were not included in the reservation.

• Conducting activities outside the reserved or assigned space without authorization.

SMASH Indoor Sports utilizes continuous video surveillance, electronic access records, reservation records,

and other available evidence to verify proper facility usage.

If Unauthorized Use of Space is observed, SMASH Indoor Sports reserves the sole and absolute right to:

• Invoice or charge the payment method on file for the applicable rental fees associated with the unauthorized

space.

• Charge up to two (2) times the standard rental rate applicable to the unauthorized space for unauthorized

usage, administrative costs, lost rental opportunities, and enforcement.

• Suspend or terminate membership privileges.

• Suspend or revoke reservation privileges.

• Refuse future reservations or facility access.

The individual making the reservation, membership holder, or Responsible Party expressly authorizes SMASH

Indoor Sports to charge the payment method on file for all amounts due under this Agreement, including

charges resulting from Unauthorized Use of Space.

EQUIPMENT USE & RESPONSIBILITY

Use of any SMASH Indoor Sports equipment—including but not limited to baseballs, softballs, tees, L-screens,

protective screens, goals, nets, pitching machines, training aids, mats, or other equipment—is permitted only for

its intended purpose and within the reserved or authorized space.

All equipment shall be returned to its designated storage location following use.

Failure to return equipment, misuse of equipment, relocation of equipment without authorization, or damage

resulting from negligence or misuse may result in repair charges, replacement charges, suspension of

membership privileges, or additional administrative fees.

Members, renters, and Responsible Parties agree to reimburse SMASH Indoor Sports for the full repair or

replacement cost of damaged, lost, or destroyed equipment as determined solely by SMASH Indoor Sports.

17. VIDEO SURVEILLANCE, MONITORING & RECORDING ACKNOWLEDGMENT

I acknowledge and agree that SMASH Indoor Sports utilizes continuous video surveillance and recording

throughout the facility, including but not limited to common areas, turf areas, cages, lanes, training spaces,

entrances, and exterior areas, for purposes including safety, security, loss prevention, training, operational

oversight, and enforcement of this Agreement.

By entering the facility, purchasing a membership, booking a reservation, renting space, or participating in any

activity, I knowingly and voluntarily consent to being recorded on video. I understand that video and audio

recordings may capture my actions, conduct, use of space, equipment usage, and facility access.

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I agree that surveillance footage may be reviewed, retained, and used by SMASH Indoor Sports, in its sole

discretion, for purposes including but not limited to:

• Verifying proper or improper use of rented or authorized space.

• Verifying compliance with reservation limits, membership policies, authorized facility usage, and Unauthorized

Use of Space.

• Confirming compliance or non-compliance with facility rules and policies.

• Documenting equipment misuse, damage, loss, or unsafe behavior.

• Supporting enforcement actions, billing, invoicing, membership suspensions, or charges to the payment

method on file.

• Responding to payment disputes, chargebacks, claims, or legal proceedings.

I acknowledge and agree that surveillance footage, electronic access records, reservation history, and related

electronic records may be relied upon by SMASH Indoor Sports as evidence in determining responsibility for

unauthorized facility usage, membership misuse, damage claims, billing disputes, chargebacks, policy

violations, and enforcement of this Agreement.

I waive any right to inspect, obtain, or demand copies of surveillance footage except as otherwise required by

applicable law, and I release SMASH Indoor Sports from any claims arising out of the lawful use, retention,

review, or disclosure of such surveillance and recordings.

18. PRIVACY AND PERSONAL INFORMATION

SMASH Indoor Sports collects and processes personal information in connection with accounts, memberships,

reservations, payments, facility access, communications, security, video surveillance, and use of SMASH

services. The collection, use, disclosure, retention, and protection of personal information is described in the

separate SMASH Indoor Sports Privacy Policy, which is incorporated into these Terms of Service by reference.

By accessing or using SMASH services, you acknowledge that the Privacy Policy has been made available to

you. Nothing in these Terms of Service waives or limits any privacy right that cannot lawfully be waived or

limited.

Version 2.5

Effective Date: August 11, 2026

Supersedes Version 2.4