This end user license agreement and Rules of Conduct (“Agreement”) is a binding agreement between you (“Spectator” or “Guest” or “Monthly Member” or “Annual Member” or “Member”) and In The Pocket Snooker Club LLC (“Club”). This agreement (including all related documentation) governs your access and use of In The Pocket Snooker Club LLC. By electronically completing and signing the “Registration Form”, you (1) acknowledge that you have read and understand this agreement; (2) represent that you are at least 18 years of age or older; and (3) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not complete the “Registration Form.”
You have four options to enter and/or use the Club. Options are:
- Guest: A one-time fee of $10.00 will give you a one-time 24 hour player access to the property and to the Club for one day. “Guests” must register by completing the “Registration Form” (which includes providing personal information to the “Club”) and be accompanied by management or a registered “Member” to gain access to the property and to the Club. Guests are not issued an access code to enter the club. Prices may change without notice.
- Spectator: There is no fee for spectators to enter the club in order to watch “Guests” or “Members” practice, play or to tour the club. Hosted tournaments may require a spectator’s fee which will be posted in advance. Spectators must register by completing the “Registration Form” (which includes providing personal information to the “Club”) and be accompanied by management or a registered “Guest” or “Member” to gain access to the property and to the Club. “Spectators” are not issued an access code to enter the club. Spectators are not allowed to play on the snooker tables unless they re-register as a “Guest” or “Member.”
- Monthly Membership: A monthly fee of $50 will give you unlimited 24 hour access to the property and to the Club for one month. Monthly “Members” must register by completing the “Registration Form” (which includes providing personal information to the “Club”). “Monthly Members” are issued an access code or must submit a biometric fingerprint through the access lock on the door for entry into the Club. Monthly “Members” must renew each month by paying the current monthly fee in order to continue gaining access to the property and to the club and update their contact information as needed. Prices may change without notice.
- Annual Membership: An annual fee of $200 will give you unlimited 24 hour access to the property and to the Club for one year. Annual “Members” must register by completing the “Registration Form” (which includes providing personal information to the “Club”). Annual “Members” are issued an access code or must submit a biometric fingerprint through the access lock on the door for entry into the Club. Annual “Members” must renew each year by paying the current annual fee in order to continue gaining access to the property and to the club and update their contact information as needed.
Access Restrictions: “Guests” and “Members” are not allowed to bring others into the club that are not registered “Spectators,” “Guests,” or “Members.”
Pricing: Prices may change without notice.
Reservations: Snooker Table reservations are not available or required so access to play on a snooker table is on a first-come, first-served bases. There is no limit to how long a “Guest” or “Member” may use a snooker table however, “Guests” and “Members” are encouraged to share a table when all tables are occupied and others are waiting to play. Management of the “Club” reserves the right to reserve any and all snooker tables at any time at is sole discretion. A reservation placard will be placed on the table when the table is reserved.
Spectators, Guests & Members Rules of Conduct: All registered “Spectators,” “Guests,” and “Members” understand and agree to the following rules of conduct:
- Parking is in designated parking areas only. Do not block other vehicles.
- Only registered “Spectators,” “Guests,” and “Members” may enter and use the club.
- Registered “Members” must use an access code or biometric fingerprint through the access lock on the door for entry into the Club. Doors must remain closed and locked at all times before and after leaving the “Club.” Doors may not be propped open and not locked. All windows must remain closed at all times unless otherwise opened by Management.
- The “Club” is open for access 24 hours a day, 7 days per week unless otherwise noted.
- “Guests” and “Members” understand and agree that the “Club” is not in breach of this Agreement or liable for maintenance or mandatory closures, excusable events, or Force Majeure.
- The property and facilities are monitored using surveillance cameras 24 hours a day, 7 days a week. “Spectators,” “Guests,” and “Members” understand the “Club” uses video and audio security cameras and surveillance to ensure the safety of all “Spectators,” “Guests,” and “Members” and other individuals. “Spectators,” “Guests,” and “Members” consent to video and audio recordings while on premise.
- “Spectators,” “Guests,” and “Members” may not bring illegal drugs, alcoholic beverages, cigarettes or like-substances into the club. Designated areas may be used for smoking.
- “Spectators,” “Guests,” and “Members” agree not use the facility or engage in any activity on the property or Club while under the influence of drugs, alcohol, or medication that may impair Member’s ability to operate equipment safely.
- Snooker tables are for regulation snooker practice and games only. No food or drinks are allowed on snooker tables.
- Do not sit on snooker tables.
- Please clean up after yourself. This includes throwing trash in garbage and sweeping floor if you spill food or track dirt in. Clean bottom of shoes before entering Club.
- Turn off lights and lock doors if you are the last one leaving the building.
- WPBSA (World Professional Billiards and Snooker Association) rules and regulations will be followed for match play and tournaments. A hard copy is available in the Club and a pdf file will be sent to all registered members. An online copy may be downloaded here: Rules of the Game | WPBSA | Snooker and English Billiards.
- Please wash hands before playing on the snooker tables. This will help keep the felt on tables as clean as possible and keep table action as smooth as possible.
- “Spectators,” “Guests,” and “Members” shall respect the facilities and any personal property, equipment, fixtures, snooker tables, food or other property at the facilities. Destruction, or vandalism of any kind, of the facilities, personal property, equipment, fixture, snooker tables or other property shall result in a fine of $5,000, actual damages (including actual attorney’s fees), and immediate removal from the club and property.
- “Spectators,” “Guests,” and “Members” understand and agree that the “Club” shall not be liable for the loss, theft, or damage to personal property of “Spectators,” “Guests,” and “Members”.
- “Spectators,” “Guests,” and “Members” agree that In The Pocket Snooker Club LLC and Management own the rights of your immage without consideration of compensation. In The Pocket Snooker Club LLC and Management may use your immage (pictures or videos) for marketing purposes in its efforts to promote the Club, Club activities and to attract other “Spectators,” “Guests,” and “Members” to join the Club.
- “Spectators,” “Guests,” and “Members” shall comply with all posted signs including signs regarding safety, proper use of the equipment, rules and regulations.
- The “Club” may, at its sole discretion and from time to time, update, change, or amend the Rules and Regulations.
- While on the property (outside) and using the “Club” (inside), all “Spectators,” “Guests,” and “Members” shall refrain from engaging in loud, foul, or slanderous language and shall refrain from badgering or harassing other Members, Registered Users, Employees, Agents, or Contractors. Violent conduct, or the threat of, is strictly prohibited. All “Spectators,” “Guests,” and “Members” must strive to be respectful to surrounding neighbors and other “Spectators,” “Guests,” and “Members.”
- “Club” management reserves the right to terminate access and “Club” use for any “Spectator,” “Guest,” or “Member” at any time for any reason it deems necessary without notice. This includes violation of any of the terms and conditions of this “Agreement.”
- “Spectators,” “Guests,” and “Members” agree to “opt-in” and receive emails, phone calls or text messages related to activities associated with the “Club.”
- In the event of an emergency, “Spectators,” “Guests,” and “Members” must immediately contact 911 or management by calling (360) 789-5023.
Legal Terms and Conditions:
- Indemnification. You agree to indemnify, defend, and hold harmless the “Club” and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, injuries, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including actual attorneys’ fees, arising from or relating to your use or misuse of the property or “Club,” your breach of this Agreement, or use of the facilities, including but not limited to the content you submit or make available through this “Registration Form.”
- Notices: All legal notices and demands shall be sent to: 4700 181st Ln SW, Rochester, WA 98579. A copy may be sent to carl@inthepocketsnookerclub.com.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of the State of Washington in each case located in Olympia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to this agreement must be commenced within one (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.
- Jury waiver. Each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action, or counterclaim arising out of or relating to this agreement or the transaction contemplated hereby. Each party certifies that (a) no representative of the other party has represented, expressly or otherwise, that the other party would not seek to enforce the foregoing waiver in the event of a legal action, (b) each party has considered the implications of this waiver, (c) each party makes this waiver knowingly and voluntarily, and (d) the party has been induced to enter into this agreement by, among other things, the mutual waivers and certifications in this section.
- Class action waiver. Each party irrevocably and unconditionally waives any right to participate in a class action or representative action with respect to any legal action, proceeding, cause of action, or counterclaim arising out of or relating to this agreement or the transaction contemplated hereby. Neither party will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.
- Default. In the event that any Party fails to perform as outlined herein, the non- breaching Party shall have a cause of action under the terms of this Agreement to seek remedy or recourse in law or equity including, but not limited to, damages or specific performance.
- Attorney’s Fees. In the event of any dispute or litigation based upon or arising out of this Agreement, the prevailing Party shall be entitled to recover attorneys’ fees, court costs, and other associate’s expenses from the non-prevailing Party.
- Successors and Assigns. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
- Modification and Waiver. No change, amendment, or waiver of any provision of this Agreement shall be binding and valid unless it is set forth in writing and signed by all parties. Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term of this Agreement or of the same circumstance or event upon any recurrence thereof.
- Entire Agreement. This Agreement, our Website Terms & Conditions, and our Privacy Policy constitute the entire agreement between you and the “Club” with respect to the “Registration Form” and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the “Registration Form.”
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.