hitter agreement

We would like to invite you to become an ACTC Hitter!

ACTC is a global members club of passionate, amateur active tennis players, connected locally and internationally through city chapters and offers exclusive access to tennis clubs and courts, coaches and mentors, hitting partners, experiences and events.

The attached Hitter Agreement sets out a summary of key pieces of information and the terms and conditions which govern the arrangement between you and us. Please read the Hitter Agreement carefully and contact concierge@allcourttennisclub.com if you have any questions.

Please also read carefully the ACTC Hitter Handbook full of useful tips and information that will let you make the best use of the mobile application to start posting your paid hitting sessions and receiving requests from our members. It also contains our policies around customer service and the different functions of the mobile application. You can find it in the link here: https://allcourttennisclub.com/hitter-manual/

If you wish to come on board as an official ACTC Hitter, please indicate your acceptance of the Hitter Agreement by checking the box below.

We look forward to seeing you soon!

ALL COURT TENNIS CLUB HITTER AGREEMENT

This Agreement is between:
(1) Tennis Tournaments Limited trading as the “All Court Tennis Club”, a company registered in England and Wales whose registered office is at Audrey House 3rd Floor, 16-20 Ely Place, London, England, EC1N 6SN, company registration number 11381100 (“ACTC”, “us”, ”our”); and
(2) (“Hitter”, “you”, “your”),
each a “Party” and together the “Parties”.
Please read this Agreement carefully before signing and let us know if you have any questions. For the avoidance of doubt, this Agreement shall be legally binding upon signature (including, without limitation, via electronic signature or your agreeing to this Agreement electronically during your onboarding to the ACTC App).

YOUR ROLE AS A HITTER
• What does a Hitter do?
As an official Hitter, you will receive opportunities via us to post bookable Hitting Sessions (as defined below) to our Members (as defined below) to book, receive hitting requests from our Members for you to accept or decline, attend Hitting Sessions with our Members and receive payment for completed Hitting Sessions, along with other benefits.
The Hitting Session posts from you, requests from our Members and payments will be conducted via our proprietary mobile and web application (the “ACTC App”). There is no fee required to on-board to the ACTC App.
Tennis Court Reservations for Hitting Sessions
(A) Hitting Sessions take place in courts and clubs owned and/or operated by third parties (collectively, “Venues”). We do not own, operate or control any of the Venues that are offered at or through the ACTC App. Venues are either set out in the ACTC App or agreed as part of the booking process in the ACTC App between you and the Members and ACTC provides no guarantee for access to Venues or takes any responsibility for availability of Venues for Hitting Sessions or otherwise. For the avoidance of doubt, ACTC shall have no obligation to determine reservations for Hitting Sessions.
(B) When you post a Hitting Session, the ACTC App will require that you state whether or not the Venue has been booked by you. If you post a Hitting Session stating that you have booked the court, you must have done so and be able to access the court and/or relevant Venue to conduct that Hitting Session. If not, it will impact on our Members’ experience and may result in you not being paid your booking fee for the Hitting Session and may affect your status level in the ACTC App, as provided by this Agreement.
(C) If you post a Hitting Session stating that the court has not been booked by you and a Member books that Hitting Session, then the Member must have booked the court referred to in that Hitting Session and it will be the Member’s responsibility to provide you access to the court and/or the relevant Venue.
(D) Members can search for Hitters including you on the ACTC App and even if you haven’t posted a Hitting Session, request a Hitting Session from you. If you receive a request from a Member to attend a Hitting Session, the Member must state on the ACTC App the Venue and whether the tennis court has been booked or not booked by the Member. If you accept the request and the Member has stated on the ACTC App that the court has been booked, then (C) above will apply. If you accept the request and the Member has stated on the ACTC App that the court has not been booked, then (B) above will apply.
(E) You must not coach the Member during the Hitting Session under any circumstances; Hitting Sessions are strictly for practice only.

• What are the eligibility criteria for a Hitter?
All Hitters must be at least 18 years old and must not have been convicted of any criminal offence (other than minor traffic offences). All Hitters should also:
o hold a current ATP (Association of Tennis Professionals) or WTA (Women’s Tennis Association) ranking; a UTR (Universal Tennis Rating) of 11 or above (male) or 9 or above (female); a NRTP (National Tennis Rating Program) of 6.0 or higher; or can demonstrate that they regularly played county level tennis if based in Great Britain or Division 1, United States of America Colleges level (or equivalent level if based outside of Great Britain or the United States, respectively) while attending university or college; and
o hold membership with the LTA, or an equivalent tennis association if not based in Britain.
• How are the Hitting Sessions booked and managed?
o Hitters may post their Hitting Sessions to the ACTC App, including their own hourly rates, as specified within their profile on the ACTC App. For the avoidance of doubt, the Hitters shall have sole discretion as to the information included on their profile (provided such is at all times in accordance with the ACTC Hitter Manual);
o When Hitters on-board to the ACTC App, they will specify their own hourly rate as the Hitter’s Session Fee (as defined below) in their profile. Hitters can in their profile create several offerings of different rates (for example, different rates for different cities) but must also choose a default offering. If the Hitter does not choose a specific offering for the Hitting Session the ACTC App will automatically use the hourly rate in the default offering when the Hitter posts a Hitting Session;
o Members may additionally send, and Hitters may receive, requests from Members requesting a Hitter to post a Hitting Session to the ACTC App. In that event, you may accept or reject the request. If you accept, the Hitting Session will appear as pending in your ACTC App until the Member has paid for it in accordance with this Agreement whereupon it will appear as booked.;
o Members may request a change of time or date, of a booked Hitting Session once booked via the ACTC App, which you may accept or reject. If accepted, the ACTC App will update with the new details. If rejected, the Hitting Session will no longer be available on the ACTC App or ‘disappear’ from the ACTC App.;
o Members using the ACTC App may select, request and book Hitting Sessions by payment via our chosen payment provider from time to time (currently Stripe);
o Upon booking a Hitting Session, Members shall receive a quick response code (“QR”) in the ACTC App. Hitters shall scan the QR on arrival of the Member at the venue for the Hitting Session in order to verify the Member’s identity and their attendance at the Hitting Session;
o Only a scanned QR constitutes evidence of attendance at a Hitting Session.
o A Hitting Session is completed when the QR is scanned by the Hitter at the beginning of the Hitting Session, and the Hitting Session commences and concludes within the allotted time without cancellation mid-Hitting Session.
o Hitters may specify parameters in their profile in the ACTC App as to when a given Hitting Session is available to book in order to manage their calendar (by way of illustrative example only, e.g. 24 hours prior to the date and time of the Hitting Session). After such deadline the session will ‘disappear’ and will not be available to book within the ACTC App;
o Subject to the Terms and Conditions below and Stripe’s internal processes from time to time, ACTC will release the Hitter Session Fee from its Stripe account to the Hitter’s Stripe account (which the Hitter will set up with the assistance of ACTC) in accordance with paragraph 4.1 of the Terms and Conditions; and
o Cancellation of booked Hitting Sessions is possible via the ACTC App prior to completion, by either the Member or the Hitter, but this shall result in consequences for the Hitter as per the Terms and Conditions below where the Hitter cancels the booked Hitting Session. This also applies where the Hitting Session is not completed because the Hitter is a ‘no-show’ or has specified in posting a Hitting Session that the court was booked for such Hitting Session, but in fact was not available for such Hitting Session upon arrival of the Member to commence the Hitting Session as outlined in Recital (B) and (D) above.
• Will Hitters be paid to provide Hitting Sessions?
Yes. The Hitter will receive the Hitter Session Fee, as set by the Hitter.
• What commission does ACTC take in respect of completed Hitting Sessions?
We take a payment of the ACTC Commission, as further described in the Terms and Conditions below.
• What happens if the Member cancels the Hitting Session?
If a Member cancels a Hitting Session, you may be entitled to payment in accordance with the Terms and Conditions below.
• Are Hitters protected if they encounter problematic behaviour by a Member?
ACTC encourages Hitters to engage with ACTC regularly and to keep us up to date on the outcomes of Hitting Sessions.
If a Member behaves inappropriately towards any Hitter, including but not limited to harassment, threatening, stalking, disrupting or defrauding other Members or staff of All Court or Venues or Hitters providing Hitting Sessions or any other person, or otherwise creating or contributing to an unsafe, harassing, threatening or disruptive environment, or uses abusive language, then this must be reported to the ACTC Contact (as defined below) (or any other ACTC personnel) as soon as possible. We will ensure that any incidents of such behaviour by a Member are sensitively and confidentially investigated and ACTC will cooperate with the Hitter to resolve such incidents. Hitters are also encouraged to use the review system provided in the ACTC App which will be shown in app to you after the expiry of a completed Hitting Session and will allow you to write text. Members will not be able to see your view in the Members mobile application.
Please refer to the ACTC Hitter Manual for more information.
• Will any taxes be deducted from the Hitting Session Fee?
Local laws in certain countries or states where you provide the Services may require marketplaces like the ACTC App to withhold sales and use taxes at source and provide local tax authorities with transactional data for Hitting Sessions.

TERMS & CONDITIONS

Key Terms and Definitions

1. TERM
You shall provide the Services to ACTC from the Commencement Date for the Term.
2. CONSTRUCTION OF CONTRACT
2.1 Subject to paragraph 2.2, the ACTC App allows for the conclusion of contracts between you and the Members from the Commencement Date:
(a) for the provision of the Services;
(b) in the name of and on behalf of you; and
(c) on the terms of this Agreement and any additional terms made available by us to the Members from time to time.
2.2 ACTC accepts no liability for payment of any kind on your behalf on account of its activities in providing the ACTC App, including but not limited to any tax, levy, duty or equivalent.
2.3 ACTC accepts the appointment on those terms in paragraph 2.1 and 2.2 from the Commencement Date.
2.4 You agree to and will comply with ACTC’s ‘Terms of Use for Website and App’ made available at https://allcourttennisclub.com/terms-of-use-for-website-and-app.
3. OBLIGATIONS
Your Obligations
3.1 During the Term you shall:
(a) carry out the Hitting Sessions:
(i) at the Venue agreed between you and a given Member in the ACTC App when the given Hitting Session is booked;
(ii) with all reasonable care and skill and in a diligent, professionally presented and timely manner;
(iii) in accordance with the ACTC Hitter Manual, the rules of any applicable Venue and all instructions of ACTC from time to time;
(b) proactively manage the Member’s experience;
(c) provide (or procure that the relevant venue provides) all necessary equipment for the Hitting Sessions, including but not limited to your tennis racket, a second or spare tennis racket, tennis balls and netting;
(d) promote the interests of ACTC and, unless prevented by ill health or accident (demonstrable by written evidence of the same), devote as much time as is necessary for the performance of your obligations under this Agreement; and
(e) cooperate with ACTC to make the Hitting Session a positive experience for the Member.
3.2 You confirm that:
(a) you fulfil the eligibility criteria in relation to being a Hitter, as described in the “Your Role as a Hitter” section above;
(b) you will not contact Members with respect to paid hitting or playing sessions unless via the ACTC App;
(c) you will not provide tennis coaching to Members; and
(d) you will not do anything which, in ACTC’s reasonable opinion, is prejudicial to the good name or image of ACTC or may bring ACTC into disrepute.
3.3 If you are unable to provide the Services due to illness or injury you shall notify the ACTC Contact at least 24 hours before a given Hitting Session.
3.4 You must comply with our policies within the ACTC Hitter Manual.
3.5 You shall ensure that you are available on reasonable notice to provide such assistance or information as ACTC and/or a Member may reasonably require in relation to the Services.
3.6 You must comply with all applicable laws of the territory in which you provide the Services.
3.7 You have no authority, and shall not hold yourself out as having authority, to bind ACTC or act as ACTC’s agent.
Our Obligations
3.8 ACTC shall:
(a) provide the booking and management of all Hitting Sessions between the Hitter and the Member;
(b) provide access to ACTC’s online booking system to manage the booking of Hitting Sessions via the ACTC App;
(c) deal with any complaints or concerns you have efficiently and in a sensitive and confidential manner; and
(d) cooperate with you to make the Hitting Sessions a positive experience for the Member.
4. FEES AND EXPENSES
4.1 ACTC will pay you the Hitter Session Fee (net of the ACTC Commission and any compulsory taxes or equivalent (including but not limited to any fees charged by Apple, Inc., Google LLC, or any other application marketplace provider on which the ACTC App is made available for download)) upon the completion of each Hitting Session. You are responsible for including any applicable taxes or equivalent in the Hitting Session Fees you list.
4.2 Unless the terms of the Refund Matrix (available at https://allcourttennisclub.com/cancellation-and-refund-policy/) state otherwise, the ACTC Commission will always be deductible from the Hitter Session Fee in accordance with paragraph 4.1.
4.3 Unless otherwise agreed with ACTC, you shall bear your own expenses (including but not limited to relating to any travel, accommodation or insurance costs).
4.4 Hitters can achieve a Hitter status of “bronze”, “silver” or “gold”, in accordance with this paragraph and the table below. Any Trials (as referred to in paragraph 6. below) may have different requirements notified to you separately in communications relating to a particular Trial.
(a) All Hitters accepted onto the ACTC App shall begin at “bronze” level;
(b) Falling below “bronze” level will result in the disincentives referred to below;
(c) Reaching “silver” or “gold” level will result in the following incentives; and
(d) Targets to move up or down status levels are measured quarterly (by reference to calendar year). 

* Hitting Sessions referred to in the table above need only to be bookable, not booked and/or attended by a Member and must be posted during period which are not Trials, as defined below. The targets displayed in the table above are subject to change from time to time and the latest version of the targets will always be available via the ACTC App.
5. OTHER ACTIVITIES
During the Term of the Agreement, you shall not, without the prior written consent of the ACTC Contact or another authorised personnel of ACTC:
(a) provide the Services to our Members outside of the ACTC App; and/or
(b) pay for the Services on your own account for resale.
6. PROMOTIONS
Trials
6.1 From time to time, we may offer a trial membership that includes access to the App, trials, discount offers, and promotions (individually “Trial” and collectively “Trials”) during a trial period.
6.2 The Hitting Sessions, content and features available during your Trial may differ from those available during the ordinary course of this Agreement.
6.3 Trials will have the duration and price communicated at the time you sign up.
6.4 Unless otherwise communicated, a Trial begins at the moment of sign up (even if you choose not to take your first Hitting Session until a later date) and ends at 11:59pm local time on the last day of the trial (for a one-week trial, this would be the same weekday of the following week).
6.5 If you cancel your Trial, your cancellation will be processed and your Trial period will end immediately, any credits or vouchers will expire, and your upcoming Hitting Sessions will be cancelled, unless we communicate otherwise.
6.6 Trials may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms.
6.7 Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
6.8 You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never possessed an account on the ACTC App before and there is only one Trial permitted per credit card or payment method.
6.9 It is a breach of this Agreement to sign up for a Trial if you have signed up for an ACTC App account or Trial in the past or to have more than one ACTC App account or Trial at the same time.
6.10 We reserve the right, in our absolute discretion, to determine your eligibility for a Trial.
6.11 If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate Trial.
6.12 If we terminate your Trial because you have breached this Agreement, you understand that you will not be eligible for a refund.
Gift Cards
6.13 From time to time, we may make available gift cards or vouchers for All Court membership. The current terms that apply to gift cards or vouchers will be made available via the ACTC App. Other than gifting a gift card as described in the gift card terms, you may not gift experience or credits to third parties and your use of the ACTC App is personal to you.
Other Promotions
6.14 We may offer additional types of offers and promotions which will be subject to additional terms and conditions that we may provide.
6.15 Sometimes promotional plans are offered in conjunction with the provision of third-party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
7. CONFIDENTIAL INFORMATION AND ACTC PROPERTY
7.1 Either during this Agreement or at any time during 2 years after the termination of this Agreement you shall not use or disclose to any person any Confidential Information about the business or affairs of ACTC or any of its business contacts, its Members or about any other confidential matters which may come to your knowledge in the course of providing the Services. For the purposes of this paragraph 7, ”Confidential information” means any information or matter which is not in the public domain and which relates to the affairs of ACTC or any of its business contacts and/or Members.
7.2 The above restriction does not apply to:
(a) any use or disclosure authorised by ACTC or as required by law;
(b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure; or
(c) any information required to be disclosed by a court of competent jurisdiction or any regulatory or governmental authority with relevant powers to which either you or us, or any subsidiary or holding company, is subject or submits.
7.3 All documents, manuals, hardware and software provided for your use by ACTC, and any data or documents (including copies) produced, maintained or stored on ACTC’s computer systems or other electronic equipment (including mobile phones if provided by ACTC), remain the property of ACTC.
8. DATA PROTECTION
8.1 For the purposes of this Agreement, “Data Protection Legislation” means all applicable laws and regulations relating to personal data, the processing of personal data and/or privacy, including but not limited to the Privacy and Electronic Communications (EC Directive) Regulations 2003, Regulation (EU) 2016/679 known as the General Data Protection Regulation, the Data Protection Act 2018 and the Data Protection (Charges and Information) Regulations 2018, as each of the foregoing may be amended, replaced or re-enacted from time to time and including the applicable guidance and codes of practice issued by the ICO (whether mandatory or not).
8.2 You consent to ACTC holding and processing data relating to you for legal, personnel, administrative and management purposes for the Term and in particular to the processing of any “personal data” and any “special category personal data” as defined in the Data Protection Legislation relating to you including, as appropriate and to the extent permitted by local laws:
(a) your name, digital contact details and primary address;
(b) your date of birth;
(c) information about your physical or mental health or condition in order to make decisions as to your fitness for work;
(d) your racial or ethnic origin or religious or similar beliefs in order to monitor compliance with equal opportunities legislation;
(e) information relating to any criminal proceedings in which you have been involved for insurance purposes and in order to comply with legal requirements and obligations to third parties; and
(f) information required under Council Directive 2021/514 (DAC 7).
8.3 You consent to ACTC making such information as described in paragraph 8.2 available to those who provide products or services to ACTC (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of ACTC or any part of its business.
8.4 You agree to comply with ACTC’s privacy policy (available at: https://allcourttennisclub.com/privacy-policy/) when processing personal data relating to any Member, employee, worker, customer, ACTC, supplier or agent of ACTC or any other personal data or information provided by ACTC.
9. INTELLECTUAL PROPERTY
9.1 You hereby assign to ACTC all existing and future intellectual property rights (including, without limitation, patents, copyright and related rights) and inventions arising from the Services provided for ACTC during the Term of this Agreement. You agree promptly to execute all documents and do all acts as may, in the opinion of ACTC, be necessary to give effect to this paragraph 9. No other payment other than the Hitter Session Fee will be made in consideration of this assignment, unless required by law.
9.2 You hereby irrevocably waive all moral rights to the extent permitted under the applicable legislation in the territory in which you provide the Services (and all similar rights in other jurisdictions) which you have or will have in any existing or future works.
10. TERMINATION
10.1 ACTC may at any time terminate this Agreement and your engagement with immediate effect with no liability to make any further payment to you (other than in respect of any accrued fees or expenses at the date of termination) if:
(a) you breach any of your obligations set out at paragraph 3 of this Agreement;
(b) you are in material breach of any of your obligations under this Agreement;
(c) other than as a result of illness or accident, after notice in writing, you wilfully neglect to provide or fail to remedy any default in providing the Services;
(d) during the Term, you fail to attend a Hitting Session without prior notification of cancellation via the ACTC App; or
(e) you cancel 3 or more Hitting Sessions via the ACTC App in one calendar month;
(f) you cancel 2 or more Hitting Sessions via the ACTC App with less than 48 hours’ notice in one 3-month period;
(g) you initiate a request for a change of time, date, venue or price of a booked Hitting Session via the ACTC App on 4 or more occasions in one 3-month period; or
(h) you provide paid tennis playing sessions with Members (introduced to you via the ACTC App) outside of the ACTC App’s network.
10.2 Without prejudice to its other rights and remedies under this Agreement, ACTC may terminate this Agreement for convenience at any time on 7 days’ notice.
10.3 This Agreement can be terminated by you by giving ACTC not less than 2 weeks’ prior written notice.
10.4 Any delay by ACTC in exercising its rights to terminate shall not constitute a waiver of those rights.
11. CONSEQUENCES OF TERMINATION
11.1 Any ACTC property in your possession and any original or copy documents obtained by you in the course of providing the Services shall be returned to the ACTC Contact at any time on request and in any event on or before the termination of this Agreement. You also undertake to irretrievably delete any information relating to the business of ACTC or relating to the Members stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in your possession or under your control outside the premises of ACTC.
11.2 Upon termination of this Agreement, ACTC will delete and remove your profile and related data from the ACTC App.
12. STATUS AND LIABILITY
12.1 You will be an independent contractor and nothing in this Agreement shall render, or be deemed to render, you an employee, agent, worker, or partner of ACTC and you shall not hold yourself out as such.
12.2 You shall be fully responsible for and indemnify ACTC against any liability, assessment or claim for:
(a) any taxation, liability, deduction, contribution or assessment arising from or made in connection with either the performance of the Services or any payment or benefit received by you in respect of the Services, where such recovery is not prohibited by law;
(b) any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against ACTC arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of ACTC; and
(c) any tax, levy, duty or equivalent payment arising on account of your provision of the Services.
12.3 You shall have personal liability for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from the provision of the Services and/or Hitting Sessions (including any accident involving, or injury to, a Member demonstrably caused by you) and shall maintain in force during the period of this Agreement adequate insurance cover with reputable insurers acceptable to ACTC.
12.4 Unless authorised in writing by ACTC or permitted under this Agreement, you shall not hold yourself out as an agent of ACTC.
12.5 Unlimited liability. Nothing in this agreement shall limit or exclude the liability of either Party for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful to exclude or restrict liability; or
(d) liability under the indemnities set out in paragraphs 12.2 and 14.2.
12.6 Limitations of liability.
(a) Subject to paragraph 12.5, neither Party shall under any circumstances whatsoever be liable to the other, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for:
(i) loss of profits;
(ii) indirect or consequential loss.
(b) Damage to property. Subject to paragraph 12.5 above, the total liability of ACTC for damage to property caused by negligence in connection with this Agreement shall be limited to £100,000 for any one event or series of connected events.
(c) Cap on liability for other loss and damage. Subject to paragraph 12.5 and 12.6(b) above, the total liability of ACTC to you in respect of all breaches of this Agreement occurring during the Term shall not exceed the higher of £200or the total value of all Hitter Session Fees paid to the Hitter during the Term.
(d) No limitations in respect of deliberate default. Neither Party may benefit from the limitations nor exclusions set out in this paragraph in respect of any liability arising from its deliberate default.
13. CANCELLATION
13.1 Subject to the terms of the Refund Matrix, if you cancel a Hitting Session or fail to attend such Hitting Session, you will not receive the Hitter Session Fee.
13.2 If a Member cancels a Hitting Session, you may still be entitled to payment in accordance with the Refund Matrix.
14. COMPLIANCE AND INDEMNITY
14.1 Each Party shall at its own expense comply with and assist the other Party to comply with all laws and regulations relating to its activities under this Agreement, and with all and any conditions binding on it in any applicable licences, registrations, permits and approvals. Such laws shall include but not be limited to the Data Protection Legislation, the Bribery Act 2010, the Criminal Finances Act 2017 and all applicable anti-slavery and human trafficking laws, including the Modern Slavery Act 2015.
14.2 You will indemnify ACTC against:
(a) any liabilities imposed on ACTC as a result of your breach of any law from time to time in force in the territory in which you provide the Services; and
(b) any liabilities incurred by you on our behalf.
15. NOTICE
15.1 A notice under this Agreement shall be deemed to have been received:
(a) if sent by first class post, to the address listed at the top of this Agreement; or
(b) if sent by email, to the following email addresses:
(i) Notices to ACTC to be sent to: concierge@allcourttennisclub.com;
(ii) Notices to you to be sent to the email address you provide in on-boarding on to the ACTC App.
(c) if sent by notification via the ACTC App, upon the notification being “opened” within the ACTC App.
15.2 Any notice shall be deemed to have been received at the time of delivery.
15.3 The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.
16. VARIATION
This Agreement may only be varied by a document in writing signed by both you and ACTC.
17. THIRD PARTY RIGHTS
This Agreement is not intended to be for the benefit of and shall not be enforceable by any person other than by a Party (and, with respect to ACTC, the ACTC group). No third party shall have any rights under this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
18. ASSIGNMENT
Neither Party shall assign, transfer, sub-contract or otherwise deal with any of its rights and obligations arising under or in connection with this Agreement without the prior written consent of the other Party.
19. NO WAIVER
No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of that or any other right or remedy.
20. SEVERANCE
If any provision or part-provision of this Agreement is or becomes illegal, invalid or unenforceable the provision will apply with whatever minimum level of deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the Parties’ commercial intention. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of this Agreement.
21. ENTIRE AGREEMENT
This Agreement sets out the entire agreement between the Parties and supersedes all proposals and prior written or oral agreements, arrangements and understandings between the Parties, relating to its subject matter.
22. DISPUTE RESOLUTION
22.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (a “Dispute”), then, except as expressly provided in this Agreement, the Parties shall follow the procedure set out in this paragraph:
(a) either Party shall give to the other written notice of the Dispute, setting out its nature and full particulars (a “Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, you and a manager appointed by ACTC shall attempt in good faith to resolve the Dispute;
(b) if you and the manager appointed by ACTC are for any reason unable to resolve the Dispute within 30 working days of service of the Dispute Notice, the Dispute shall be referred to a senior manager appointed by ACTC who shall attempt in good faith to resolve it;
(c) if you and the senior manager are for any reason unable to resolve the Dispute within 30 working days of it being referred to the senior manager, the Dispute shall be referred to and finally resolved by the courts of England in accordance with paragraph 23.
22.2 No Party may commence any court proceedings under paragraph 23 in relation to the whole or part of the Dispute until the procedure in paragraphs 22.1(a) to 22.1(c) (inclusive) has been followed, provided that the right to issue proceedings is not prejudiced by a delay.
22.3 This paragraph 22 is without prejudice to either Party’s right to seek interim relief against the other Party (such as an injunction) through the English courts to protect its rights and interests, or to enforce the obligations of the other Party under this Agreement.
23. GOVERNING LAW & JURISDICTION
23.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
23.2 The courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
24. LANGUAGE
24.1 This Agreement is drafted in English.
24.2 If such document is translated into any other language, the English version shall prevail unless prohibited under the applicable law.

Your acceptance of the Hitter Agreement is duly made and this Agreement shall be legally binding upon signature (including, without limitation, via electronic signature or your agreeing to this Agreement electronically during your onboarding to the ACTC App such as when, on the ACTC App, you click accept to the terms and conditions during your onboarding process.