Nashville's Elite Softball Academy
Training Today's Female Athlete
5162 Hickory Hollow Pkwy, Nashville, TN 37013
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you will not receive your check back from your financial institution.
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.
As a convenience to me, I authorize my bank to make payment to Nashville’s Elite Softball Academy, including monthly dues, late fees, and any past due amounts. I agree that the treatment of such payment shall be the same as if it were signed personally by me.
Terms and Conditions of Access and Membership:
Payment Default: If Member fails to pay an amount when due, under this Agreement, the Academy shall be entitled, at any time, in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to the Academy that are not received when due, shall bear interest at 5% or the highest rate permitted by law. If Member fails to pay any amount due to the Academy when due, Member shall pay all costs and expenses of collection incurred by the Academy, including reasonable attorney’s fees and expenses.
Disclaimer of Liability/General Release and Waiver: I understand that I have been, or will be admitted as a member of the Nashville’s Elite Softball Academy the “Academy”, based in material part on this General Release and Waiver. I am fully informed and aware of the nature of the classes and physical dangers therein. As a member of the Academy, I intend to and will engage in strenuous physical activities in classes on the Academy’s premises. I understand that these physical activities involve certain risk and exposure to personal injury, which risk and exposure I voluntarily assume for myself and any member of my family, including children who visit the Complex. In consideration of the mutual covenants contained herein and other good and valuable consideration, including the use of the Academy’s facilities and the admission of members of my family including children, the receipt and sufficiency of which is hereby acknowledged, I hereby release in full and forever dischar ge the Academy, its Directors, Officers, Managers, Members, Employees, Contractors and Agents, and all other members and guests of the Academy, whether acting officially or otherwise, on behalf of myself or any member of my family, our Representative Heirs, Executors, Administrators and Personal Representatives, from any and all injury, liability, damages, claims, demands, and/or causes of action, whether foreseen or unforeseen, relating to or deriving from any injury to me or any injury to any member of my family, including children, during or arising out of the use of the Academy’s facilities or participation in any Academy event (e.g., classes, seminars, etc.).
Rules and Regulations: MEMBER AGREES TO FOLLOW CLUB RULES PROMULGATED FROM TIME TO TIME. Violation of these rules may be the cause for suspension or cancellation of membership by the Academy without a right to be refunded any prepaid fees and without relieving Member of any payment obligations set forth in the Membership Agreement, including the Note (hereafter collectively referred to as “Agreement”). Severability: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
Notice: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS and DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of the Agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Tennessee and the application of Tennessee law.
Entire Agreement: The Member and the Academy acknowledge that this Agreement constitutes the entire Agreement. It cannot be amended except in written form executed by both parties.
Cancellation: This Agreement is not cancellable by Member except as expressly provided for in this Agreement, including, without limitation by reason of Member’s failure to utilize the facilities of the Academy. In the event the Academy agrees, at its own discretion, to release Member from this Agreement for any reason not specified herein below (see “Buyer’s Rights”), Academy reserves the right to charge retroactively the Member for any difference between the “month to month” rate and any discounted rate given for a “monthly agreement.”
Transfer: Member may not transfer or assign, in whole or part, any of his/her rights, interests and obligations created by this Agreement. The Academy shall have the right to assign or transfer, in whole or part, this Agreement and all rights, interests and obligations created by it.
Permanent Disability. If by reason of death or permanent disability, the Member is unable to engage in all activities associated with membership with the Academy and acceptable written proof of death or permanent disability, including verification from a qualified physician, is sent by member via certified mail and received by the Academy, he/she and his/her estate shall be entitled to cancel the Agreement and be relieved from his/her obligation to make payments there under, except those payments that became due prior to the effective date of the permanent disability cancellation. In the event a Member has prepaid any sum for a training term and qualifies under this section for permanent disability, he/she shall be reimbursed the prepaid amount (excepting the one time membership fee) less a sum equal to the number of months that have passed in his/her term to the effective date of cancellation multiplied by the Academy’s standard, month to month membership rate.
Permanent Relocation: Should Member(s) permanently relocate their residence more than 80 miles from a Nashville’s Elite Softball Academy, Member may cancel this Agreement. A payment suspension pursuant to this section is contingent on member (s) tendering to the Academy, via certified mail, written verification of the move, which must be deemed acceptable proof by the Academy. Notwithstanding cancellation pursuant to this section, Member(s) shall remain liable for all payments that became due under the Agreement prior to the effective date of the permanent relocation cancellation. In the event a Member has prepaid any sum for a training term and qualifies under this section for permanent relocation, he/she shall be reimbursed the prepaid amount (excepting the one time membership fee) less a sum equal to the number of months that have passed in his/her term to the effective date of cancellation multiplied by the Academy’s standard month to month membership rate.
Freeze Policy/ Effective Date of Freeze or Cancellation: Member may request in writing that his/her entitlement to use the Academy’s facilities under this Agreement be put on hold for one period of time not exceeding sixty (60) days (a “freeze period”). For good cause shown by Member, and if Member is not in default under the Agreement, the Complex will extend Member’s entitlement to use the Complex’s facilities a like time as any freeze period granted. During any freeze period, all terms of the Agreement continue in full force and effect, including the Member’s payment obligations. The effective date of any freeze or cancellation requested pursuant to this Agreement shall be thirty (30) days from the Academy’s receipt of any written notification of the Agreement. Member shall remain obligated to comply with the terms of this Agreement and all payments due hereunder until the effective date of termination.
Early Termination Fee: Member who has purchased an annual membership has the right to terminate this contract by paying the “early termination fee”. The total fee is calculated by multiplying 20% to the number of the months remaining in an annual purchased contract.
Damage, Destruction, or Condemnation: Should the facilities be unavailable due to damage by fire, act of God, catastrophe, war or accident, or in the event of destruction or condemnation of the premises, the Academy will have a reasonable time to reconstruct the premises or find suitable replacement thereof within a close proximity of the present Academy. Full time missed for the above reasons will be extended.
Update Emergency Contact Records: Member agrees to provide prompt written notice to the Academy of any changes in the Member’s contact information furnished on this Agreement, including, but not limited to any changes in Member’s current mailing address, employer information and emergency contact.
No Waiver: The Academy may enforce any term of this Agreement, or exercise any right created by this Agreement, regardless of the number of times it has opted not to enforce the same term or exercise the same right in the past.
Notices: All notices required by this Agreement shall be tendered to the Academy at 5162 Hickory Hollow Parkway Antioch, TN 37013, unless Member receives written notice from the Academy instructing otherwise.
General: The Academy reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by th e Academy and may be changed at any time in its sole discretion. The Academy expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of the Academy. Membership does not confer on Member any ownership interest in the Academy or any of its property.
To terminate month-to-month or annual membership agreements, you are required to tender a written notice requesting termination to the above address or email to email@example.com. Once we have received and confirmed your request, the membership will terminate in 30-days. You are required to submit payment for the remaining 30-days within 24 hours of the confirmation of your request.
You, the Buyer, may cancel this Agreement at any time prior to midnight of the third business day of the Academy after the date of this Agreement, excluding Sundays and Holidays. To cancel this Agreement within three business days of its execution, Buyer must tender a signed written notice to the Academy specifying the election to cancel.
Auto Pay cancellation notice must be received at least 30 days in advance of your billing cycle (example: if you are scheduled to be charged February 1st and you want to cancel for the month of February, you must submit a cancellation form or email by January 1st.
Colletion of your personal information When Nashville’s Elite Softball Academy and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
Submission of proposal for services
Registration to membership programs or newsletter subscriptions
To provide registered users a more personalized and meaningful experience on the eSoft Planner website.
Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
To provide the ability to create personal profile areas and view protected content.
To provide the ability to contact you, and provide you with shipping and billing information.
To provide customer feedback and support.
To provide contests, sweepstakes or other marketing or promotional activities on the eSoftplanner.com or affiliate websites. Personal information may be collected to administer those programs.
To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary.
To support recruitment inquiries.
To understand more about you, so we can personalize newsletters and websites to your preferences. For example, allow you the opportunity to request specific information on products and services that may be of interest.
To allow you to forward information to another individual such as a friend or co-worker.
To meet contract obligations.
Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.
Sharing your personal information In some instances, Nashville’s Elite Softball Academy and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.
We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Security of your personal information Nashville’s Elite Softball Academy and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Cookies Nashville’s Elite Softball Academy and Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.
We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.
Data retention Nashville’s Elite Softball Academy and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.
Sample Membership Packages:
One Time Sign-up Fee $40
12 month contract
Single Membership $49
(10 free monthly cage rentals)
Family Membership $69
(10 free monthly cage rentals)
Single VIP Membership $59
Family VIP Membership $79
VIP Membership Includes:
Unlimited Cage Rental
20% discount on Merchandise
10% discount on Camps/Clinics
10% Discount on Lessons
Does not include all membership options