Last updated: August 9, 2024

Terms of Use for 2play Sports

THANKS FOR CHOOSING 2PLAY SPORTS!

Contractual Relationship

These terms and any additional terms incorporated by reference herein (collectively, the “Terms”) govern your use of our various products and services (collectively, our “Services”). They are provided to you by HoopLocker, Inc., doing business as 2play Sports. By using our Services (including but not limited to using our mobile app, kiosks, renting sports equipment, or creating a user account, for example), you are agreeing to these Terms, including that you are of legal age to enter into binding contracts, so please read them carefully. You are also agreeing that you have the authority to agree to these Terms, whether personally, on behalf of your family members, guests, or on behalf of an entity you’ve included in your user account registration.

You have agreed to comply with these Terms as a condition of using our Services. We may amend these Terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you with advance notice of any important revisions, we recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly supersede any prior agreements or arrangements we may have had with you. You may, of course, stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time and for any reason in our sole discretion.

Please note that the cities and parks in which you use our Services may also have additional terms and conditions that you should be aware of when using our Services.

IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 18, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.

Assumption of Risk; Waiver and Release of Claims

READ THIS SECTION CAREFULLY: THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND WAIVER AND RELEASE OF LIABILITY AGAINST 2PLAY SPORTS AND RELEASED PARTIES (AS DEFINED IN SECTION 9). The RELEASED PARTIES may plead such releases as a complete and sufficient defense to any Claim, as intended third-party beneficiaries of such releases. YOU ARE FREE TO DECLINE OUR SERVICES/PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN.

IN CONSIDERATION FOR USING OUR SERVICES/PRODUCTS, YOU, OR THE PERSON OR ENTITY ON BEHALF OF WHOM YOU ENTERED INTO THESE TERMS, OR YOUR LEGAL GUARDIAN (IF HE/SHE REGISTERED AND CONSENTED TO YOUR USE IF YOU ARE A MINOR), AGREE TO THE FOLLOWING:

TO ASSUME ALL RISKS: You acknowledge that (a) there are risks associated with the use of our Services/Products (as defined in Section 3), (b) the Products will be used by other people both before and after your use of such Products, (c) the Products can become damaged or may be in disrepair due to regular use, wear and tear, negligence of 2play Sports or other users through vandalism, or other causes, and 2play Sports may not be notified of such damage or disrepair right away; (d) although 2play Sports endeavors to keep the Products in good repair, Products that you use may be damaged or in need of repair of which 2play Sports is not aware; (e) your use of the Products may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH; these risks and dangers may be caused by the negligence or omission of 2play Sports, the negligence of others, including other park users, or may arise from the repair, maintenance, or operation of the Products, weather conditions at the time of use, park conditions, or other causes, including any other additional foreseeable or unforeseeable causes. By using our Services, you, on behalf of yourself, your personal representatives, and your heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES/PRODUCTS for any such injuries, losses, and/or damages, including those caused solely or in part by the negligence or omission of 2play Sports and the Released Parties.

WAIVER AND RELEASE OF CLAIMS: You, on behalf of yourself, your personal representatives, and your heirs, hereby EXPRESSLY AGREE TO WAIVE AND RELEASE ALL RELEASED PARTIES FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING OUR SERVICES OR PRODUCTS, including those caused solely or in part by the negligence or omission of any of the Released Parties. The WAIVER AND RELEASE includes any claims for injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH; these risks and dangers may be caused by the negligence or omission of 2play Sports, the negligence of others, including other park users, or may arise from the repair, maintenance, or operation of our Services or Products, weather conditions at the time of use, park conditions, or other causes, including from any other additional foreseeable or unforeseeable causes.

WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

You volunteer to use our Services and Products with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS; YOU DO NOT HAVE TO USE OUR PRODUCTS OR SERVICES. If you have any questions concerning the terms of the Assumption of Risk or Waiver and Release of Claims, you can contact 2play Sports at: [your contact information here].

It is your responsibility to use our Services and Products safely. You are responsible for any harm you cause to other people, including your family members, other park users, animals, and/or any property. (See, Indemnification Section 10).

What 2Play Sports Offers

2Play Sports was founded on the simple idea that all communities deserve access to smart, affordable sports and recreational opportunities. Our Services help make this idea a reality. We are continually evolving our Services, and as of the date above, they include a range of sports and recreational equipment, facilities, and related services provided or made available by 2Play Sports. In these Terms, we refer to these as a “Product” or collectively as “Products.” Our Services also include our mobile application (the “App”), all other related equipment, maintenance, personnel, our websites (including this one and our e-commerce shop), social media assets, and any other information, technology, and services provided or otherwise made available to you at our discretion. Our App may also be used with certain user-owned equipment to provide additional functionality (such as enabling you to book, reserve, and track usage) and to enable us to provide the Services to you. Our Services may come with additional terms or product requirements, which we will make available to you with the relevant Services, and they will become part of your agreement with us when you use them. Please note that we are not a common carrier; we offer our Services as a convenience to those who are able and qualified to use them, and alternative means of accessing sports and recreational activities are available to you and the general public.

Your 2Play Sports User Account

Account Setup

To use most aspects of the Services, you must register for and maintain an active personal user account, which requires a valid debit or credit card or other approved payment method with an expiration date and billing postal code, as well as other requested information depending on the Product (e.g., proof of membership for certain facilities). Alternative account creation and payment methods may be available for some of our Products and Services if they are available in your area. The information you provide to us must be true, accurate, complete, and updated as necessary to remain accurate. You must create a username and a strong password, which should not be shared with anyone. Your account is personal to you and is not intended for use by anyone else, and you are responsible for all activity that occurs under it. Notify us immediately if you suspect unauthorized use of your account. We have the right to provide information about you or your account details (such as billing, account, content, or use records and related information) if required by law or to protect our rights, customers, or business.

A Note on Fraud

We take fraud seriously, both for your protection and ours. You may only use a payment method that you have the legal right to use, and you authorize us to charge any payment method you designate for any charges you incur. If we suspect that any information you’ve provided is inaccurate, incomplete, or fraudulent, we may suspend or terminate your account until the issue is resolved. During that time, you may lose access to some or all of our Services, either temporarily or permanently.

Using the App and Our Services

Once your account is properly set up, you can use the App to locate, reserve, and/or access our available Products.

Reservations

Please understand that due to supply and related reasons, we reserve the right to accept or reject your reservation requests. Your receipt of our confirmation does not necessarily equal acceptance or constitute confirmation of our offer to make the Services available in any particular instance. If your reservation via the App is rejected after your request, you’ll receive the applicable refund assuming your payment method was charged. If pricing in the App turns out to be incorrect for any reason, we reserve the right to cancel or reject a corresponding reservation and will issue you the applicable refund.

Rules for Using Our Products

You agree to abide by the Rules of Use applicable to each 2Play Sports Product you use. Each set of Rules may be amended by 2Play Sports at its sole discretion, and the revised Rules will be posted on the website or in the App. Your continued use of the Product after we make any changes to the Rules constitutes your agreement to those changes. Each set of Rules is expressly incorporated by reference into these Terms.

Our equipment and facilities are maintained to ensure your safety and enjoyment. It is your responsibility to use the equipment properly and to be aware of any conditions or requirements associated with it. We work diligently to ensure that our equipment is available and in good working condition, but we cannot guarantee availability or suitability for your specific needs at any given time.

Group Reservations

For some equipment or facilities, the Services may allow you to make group reservations and have your guests access Products. To use this feature, you are responsible for ensuring that each of your guests personally reads and agrees to be bound by the Terms and our Privacy Notice. You are fully responsible for (1) ensuring that all of your guests are at least 18 years old (or other legal age of majority), (2) any damages and injuries that occur during the use of the Services that are caused by you or your guests, (3) ensuring only one guest per designated equipment or facility unless otherwise authorized, (4) paying for all of the fees that occur in connection with your group reservation, and (5) being legally responsible for all of your guests’ activity as if it were your own.

Safety and Proper Use

We want a safe experience for you and those around you in your community, and that means we have some rules. Aside from simply exercising caution and good judgment, you shouldn’t carry any items or use any device that could impair or hinder safe use (no texting while using our equipment, for example). Unless expressly permitted, you should not tamper with or otherwise misuse any of the equipment or facilities. You are prohibited from using our Services while under the influence of alcohol, drugs, or other substances that may affect your ability to safely use our Services. Don’t allow unauthorized individuals to use your reserved equipment or facilities. If you misuse or cause damage to any of our Products, you may be held financially responsible.

Treat Our Products Like They Were Your Own!

Proper Use: We expect all customers to treat our Products with respect. Please take good care of them when they are in your possession. Equipment has usage limitations, which you can find in the Rules for each Product. You may not use any Product in a manner that it was not intended for, and you are expected to use the Products safely, including when carrying or transporting personal items. If you leave any personal belongings on or in our Products or on our premises (and we find them), we’ll hold them for 90 days unless the law requires longer.

Damage: We expect that, other than normal wear and tear, you’ll return a Product in the same condition in which you received it. If you damage it (accidentally or intentionally), or fail to properly return it and damage occurs, you’ll be responsible for the associated costs. The same charges will apply for any Product not returned within the specified time, which we consider lost or stolen and, depending on the circumstances, we may need to file a police report against you. We also reserve the right to take any action against you that the law allows, including holding you liable for the value of the Product.

Product Pick-Up: If you are unable to return a Product to a valid area (for example, if you leave it in an area that is locked or otherwise unreachable), and you ask that we pick that Product up, we may charge you a pick-up fee. If you abandon a Product in a place it shouldn’t be left, you’ll be responsible for all associated fees until it’s recovered, plus a service charge. We may charge these amounts in our sole discretion to any payment method in your account and without notice.

Accidents or Damage to Products

You must report any accident, damage, personal injury, or a stolen or lost Product to us within two (2) hours of the accident or incident, or, in the event you are injured, as soon as reasonably practicable following the accident or incident. If an incident involves personal injury, property damage, or a stolen Product, you must also file a report with the local authorities within 24 hours of the incident (or, in the event you are injured, as soon as reasonably practicable following the incident).

Insurance

For certain Products and in certain locations, we may provide personal accident coverage and/or liability coverage for specified damages arising from your use of a Product if you fully comply with these Terms and all applicable insurance terms and conditions at the time of the incident. You may be required to have your own insurance to use some of our Products. You agree to use your own insurance as the primary coverage. Damages beyond the limits of our insurance and below any applicable deductibles are your responsibility.

Warranty Disclaimers

2play sports strives to provide its services with a high level of skill and care. While we are committed to quality and reliability, there are certain things we cannot guarantee. All services provided by 2play sports are offered "AS IS" and "AS AVAILABLE." Except as expressly stated in these terms, neither 2play sports nor its affiliates, subsidiaries, and other partners (collectively referred to as the "Released Parties") make any specific promises regarding the services. This includes, but is not limited to, guarantees about the specific functions of our services, their reliability, quality, availability, or ability to meet your specific needs. We also do not guarantee that our services will be uninterrupted, error-free, or available at all times.

Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we and our Released Parties disclaim all warranties, whether express or implied. This means that, unless legally required otherwise, the services provided by 2play sports come with no implied warranties.

When we use the term "Released Parties" in these terms, we are referring to:

(i) 2play sports, its affiliates and subsidiaries, and our respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors, and any third parties with whom we partner to distribute, market, or commercialize our services.
(ii) Municipalities and public entities, including their elected and appointed officers, officials, employees, and agents, that authorize us to operate our services.
(iii) Owners and ground lessees of the properties where we are authorized to operate our services, including their elected and appointed officers, officials, employees, and agents.
(iv) Any third party and its affiliates and subsidiaries if you access our services through their application, website, content, product, or service.
If you use any of our products in a way that is prohibited by these terms, all insurance, accident, or liability coverages provided by us or our insurer, including any collision damage waiver (where legally permissible), will be voided. Such prohibited use will also make the product subject to immediate recovery by us, without any notice to you, and you will be responsible for all loss or damage to the product, including any related expenses, to the extent that such loss or damage is due to the prohibited use.

The provisions in this section apply to the maximum extent allowed by law.