PRIVACY POLICY

1. INTRODUCTION

   • Accelerate Tennis Academy (“Academy”), owned by Kap Sports Management LLP, is a tennis academy providing coaching and training programs along with residential and day boarding facilities and operates and maintains a mess offering customizable meal plans. .

   • These terms and conditions (“Terms and Conditions”) are a compilation of the rules, rights, obligations and procedures to be followed by the players (“Player”), the parents/guardians of the Players and the Academy. 

2. ELIGIBILITY

   • The Academy is open for players  above the age of  twelve (12) years

   1. False Statement/Information

      • ​ Any misleading or false statement or information in the Admission Form shall render the admission of the Player in the Academy to be canceled. If the Player does not leave the premises of the Academy, he/she shall be liable to be forcibly removed therefrom.

   2. Medical Consent Form

      • The Academy will not permit any Player to participate in any of the programs offered by it without a medical consent form signed by the Player as well as his/her parents/guardians. By taking admission in the Academy, the Player and his/her parents/guardians authorize the Academy to conduct medical checkups of or to provide medical treatment to the Player, as and when deemed necessary by the Academy, by a medical practitioner. The Academy reserves the right to refuse admission to a Player based on the information provided in the medical consent form. In case of any change in the medical information provided by the Player, he/she shall forthwith intimate the same to the Academy in writing.

3. ADMISSION

   • Procedure. The Player and/or his/her parents/guardians, as the case may be, shall fill the form of the Academy for enrolling to its programs (“Admission Form”). Upon submission of the Admission Form and payment of the applicable Fees (as defined hereinbelow) in the manner specified in Clause 4 hereinbelow, the Player and his/her parents/guardians shall be bound to comply with these Terms and Conditions.

4. FEES AND PAYMENT TERMS

   • The Player or his/her parents/guardians, as the case may be, shall pay the fees as set out in the Admission Form (“Fees”) on the due dates as mentioned in the below schedule (“Payment Schedule”):

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• If the Player and/or his/her parents/guardians, as the case may be, fails to make payment as per the aforementioned Payment Schedule, then the Academy reserves the right to forthwith suspend the registration of the Player by way of an intimation. Further, in case the Player and/or his/her parents/guardians, as the case may be, fails to pay the dues within thirty (30) days from the due dates mentioned in the Payment Schedule, the Academy reserves the right to forthwith terminate the registration of the Player. The Academy shall not be liable to compensate the Player and/or his/her parents/guardians in any manner whatsoever for the period during which the Player is suspended.

• In addition to the Fees, a security deposit of INR 20,000/- (Indian Rupees Twenty Thousand only) (“Security Deposit”) shall be payable on the date of admission of the Player which may be used by the Academy as security against any damages caused by the Player and/or his/her parents/guardians to the Academy’s property, any disciplinary fines imposed on the Player, stringing charges or miscellaneous expenses in respect of the Player. The Academy will refund the balance amount of the Security Deposit, if any, to the original account from which it was received by the Academy, at the end of the program.

• Further, at the time of admission, the Player or his/her parents/guardians, as the case may be, shall pay a one-time registration charge of INR 1000/- (Indian Rupees Thousand only) to the Academy.

• In case of delayed payments, interest at the rate of [•] percent per annum will be payable to the Academy.

• The Fees (except the amount of the Security Deposit) shall be subject to taxes (including Goods and Services Tax) and such other charges as may be applicable. However, any deductions made by the Academy in the amount of the Security Deposit shall be subject to taxes (including Goods and Services Tax).

• The Academy reserves the right to change the Fees and/or the amount of the Security Deposit from time to time.

• The Academy retains the right to vary the acceptable methods of payment without notice from time to time.

• The Fees shall not be subject to any adjustment.

• In addition to the Fees, the Academy may levy charges for using the facilities of the Academy such as lockers, storage rooms, etc. as the case may be.

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1. CANCELLATION AND REFUND POLICY

   • The terms and conditions of cancellation of the admission of the Players and the eligibility for refund of the Fees is set out in the Cancellation and Refund Policy formulated by the Academy that is attached to the Admission Form or available at its website https://www.acceleratetennis.in/.

2. LODGING AND BOARDING

   • Room Allotment/Shifting. Each room can accommodate a maximum of [•] Players. The Players shall not interchange their room with another Player or shift into vacant room/bed without the prior written permission from the Academy. The Academy has the right to shift any Player from his/her room to another room.

   • Room Inspection. The Academy may at its discretion inspect any room in the presence of the Players living there at any reasonable time.

   • No Creation of Tenancy. No right in the nature of tenancy or any other like right is created by occupation or use of the Academy premises and property. The Player is merely permitted to stay in the Academy during the term of the program, under the rules and regulations framed by it, from time to time.

   • Furniture and Fixtures. The Player shall not bring any extra furniture or other fixtures in the room. All furniture and fixtures in the rooms allotted to the Player must be cared for properly. The Player is prohibited from interchanging any furniture/fixture from one point/location in the Academy premises to another.

   • Recovery of damage/loss to Academy’s property. The Player shall be liable to pay twice the original cost of an item, if it is found damaged or missing from their room due to his/her negligent handling. The Player shall be liable to pay twice the charges of the repair of an item that is found to have been willfully damaged or have been damaged on account of misuse or unfair wear and tear. In case of theft/damage to items that pertain to usage of the Academy, the recoveries will be made from all the Players.

   • Visitors/Parents. Visitors/Parents are allowed to visit a Player only in the visitor’s lobby between [•] on [•] days. Visitors shall not be allowed to enter the room of the Player.

3. SAFETY AND SECURITY

   • Attendance Register. The Academy will maintain an attendance register. The Player shall not be allowed to step out of the Academy premises between [•].

   • Permission for stepping out of the Academy. The Players between the ages of twelve (12) to seventeen (17) years shall not be allowed to step out of the Academy at any time unless the Academy receives a text message/email from the parents/guardians of such Players stating the reasons for leaving, the address of the destination and the date and time of return of the Player in respect of every instance that the Player wishes to step out of the Academy. In respect of Players above the age of eighteen (18) years, at the time of admission, the parents/guardians shall send a text message / an email to the Academy permitting the Player to step out of the Academy at any time that he/she requests. In such a case, the parents/guardians shall take complete responsibility for every instance that the Player steps out of the Academy and it will be assumed by the Academy that the Player has stepped out of the Academy with the knowledge and consent of the parents/guardians. In all cases, irrespective of the age of the Player, it shall be mandatory for him/her to collect a gate pass from the Academy prior to leaving the Academy premises which needs to be submitted at the security gate and collected back upon return.

   • Personal Belongings. The Player is personally responsible for the safety of his/her belongings and the Academy shall not be responsible for any theft/loss. The Player shall keep the room locked at all times. The Player will not change the lock and key without the permission of the Academy.

   • Covid-19 Guidelines. The Player must adhere to the government guidelines and the guidelines formulated by the Academy, from time to time, in respect of Covid-19, to ensure his/her safety and the safety of the others.

   • Gambling. No gambling of any kind, whatsoever, shall be allowed on the Academy premises. Violation of this Clause will lead to expulsion from the Academy and legal action as per the applicable law.

   • Firearms, Ammunition, Inflammables. Any type of storage or possession of firearms, ammunition, explosive and inflammable goods on the Academy premises is strictly prohibited. Violation of this Clause will lead to expulsion from the Academy and legal action as per the applicable law.

   • Alcohol, Drugs, Smoking. The Player shall not bring, store, possess, consume and/or drink any alcohol/ intoxicating drink, drug or substance of any kind whatsoever and/or smoke in the room and/or any part of the Academy premises. The same shall apply to the visitors also. An occurrence of such behavior shall invite strict disciplinary action leading to expulsion from the Academy and action as per the applicable law.

   • Political/Communal Activity. The Player shall not indulge in any political or communal activity which is detrimental to the law and order and/or against the government. The Player shall not carry on any propaganda or publicity of any nature whatsoever in respect of any political or communal matters. The Academy shall not be responsible for any such act of the Player.

   • Ragging/Altercation/Abuse. Ragging in any form whatsoever is strictly banned. The Academy shall not tolerate ragging, bullying, any verbal and physical altercation/abuse. Violation of this Clause will lead to expulsion from the Academy and legal action as per the applicable law. The Player should immediately report any such incident to any member of the Academy.

4. GENERAL

   • Cleanliness. The Player shall keep the room and the Academy premises clean at all times.

   • Silence. Strict silence shall be observed in the Academy premises from 11:00 PM to 06:00 AM. Any manner of noise making, which may cause disturbance to other Players in the Academy premises, will not be allowed.

   • Pets. The Player shall not bring or keep any pet in the Academy premises.

   • Dress Code. The Players should be decently dressed at all times.

   • Non-disparagement. The Player and/or his/her parents/guardians shall at no point in time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning the Academy, its affiliates, coaches, counsellors, technical staff, directors and other employees.

   • Rules, Regulations and Policies. The Player and/or his parents shall be bound to comply with the other rules, regulations and policies that may be formulated by the Academy from time to time.

5. PHOTOGRAPHS AND VIDEO RECORDINGS

   • The Academy will endeavour to maintain safe boundaries around photographing and/or video recording the Players so as to ensure that the Players are not abused / exposed / exploited in any manner.

   • Subject to Clause 9.1, the Academy reserves the right to take photographs, video recordings, sound recordings, visual recordings or other recordings by any other media of the Players during the programs (including training programs/tournaments/matches) for promotional purposes without the requirement to pay any compensation.

   • The Academy reserves the right to share such photographs, videos recordings, sound recordings, visual recordings or other recordings by any other media of the Players with third parties for promotional purposes without the requirement to pay any compensation.

   • The Player and his/her parents/guardians agree and acknowledge that the Academy shall be the sole owner of all right, title and interest in the photographs, video recordings, sound recordings, visual recordings or other recordings of the Player including without limitation all intellectual property rights associated therewith.

   • The Player and his/her parents/guardians further agree and acknowledge that the Academy shall have the right to use the photographs, video recordings, sound recordings, visual recordings or other recordings of the Player in perpetuity, worldwide and without the requirement of payment of any royalty or license fees or otherwise to anybody.

6. OBLIGATIONS OF THE ACADEMY

   • The Academy will conduct background checks and police verification for all its employees including coaches, counselors and other staff members.

   • The Academy shall orient all its employees including coaches, counselors, technical staff and  directors on child protection norms and child sexual abuse prevention.

   • The Academy will appoint a counselor for the Players.

   • In case an offense against any Player is apprehended by or comes to the notice of the Academy or any of its employees, the Academy shall immediately contact his/her parents/guardian. Thereafter, the Academy shall report the occurrence of such incident to the Special Juvenile Police Unit or to the local police.

   • In case the offense results in a medical or health related emergency, it shall be the responsibility of the Academy to ensure that the Player is provided the necessary medical treatment.

   • In accordance with the Protection of Children from Sexual Offences Act, 2012, if the statement of the Player against whom any offense is apprehended to be committed or has been committed, is to be recorded within the Academy, adequate arrangements shall be made such that the Player is in a comfortable and friendly environment enabling him or her to disclose all the necessary information.

7. OBLIGATIONS OF THE PARENTS/GUARDIANS

   • The parents/guardians of the Player shall keep the Academy up-to-date and informed of matters which affect or may affect the Player’s training.

   • The parents/guardians shall ensure that all details or other information notified or otherwise disclosed to the Academy about them and/or the Player is accurate, truthful and not misleading and that relevant details and information (or changes to them) are not withheld.

   • The parents/guardians shall attend meetings and keep in touch with the Academy, as and when required.

   • The parents/guardians shall notify the Academy of the Player’s health/medical conditions or special needs, disability or allergies that the Player has or subsequently develops, whether underlying, long-term, or short-term, including any infections. The parents/guardians must also provide the Academy, whether upon further request by it or otherwise, any reports or other materials relevant to any of the same. If the parents/guardians withhold from the Academy or otherwise misrepresent to the Academy information of this nature in particular, please be aware that this may result in expulsion of the Player.

   • The parents/guardians must inform the Academy if, at any time prior to or during the Player’s time at the Academy, a court order is put in place or an undertaking is given to a court in respect of the Player which shall include but is not limited to (i) the Player’s contact arrangements and/or (ii) the right of a parent/guardian to exercise his/her parental responsibility in respect of the Player. In any such circumstances, the parents/guardians must (whether upon request or otherwise) promptly provide the Academy with relevant information, including copies of the relevant court order.

   • The parents/guardians must nominate a 'responsible adult' for the Academy to contact in their absence.

   • The parents/guardians agree that the Academy is entitled to treat any instruction, authority, request or prohibition received from any one of them as having been given on behalf of both of them and any communication from the Academy to any one of them as having been given to both of them. 

8. DISCIPLINARY ACTIONS

   1. The experienced coaches of the Academy know when a Player’s behavior requires guidance. In case of unacceptable behavior of the Player, the Academy will counsel and explain to him/her the consequences of such behavior. The Academy will notify the parents/guardians of the Player of any such behavior.

   2. The Player and/or his/her parents/guardians shall not:  

      • commit any misconduct;

      • commit an act or omission punishable under any law for the time being in force;

      • commit a breach of these Terms and Conditions;

      • violate the regulations or rules framed by the Academy from time to time;

      • refuse to obey the direction of the Academy’s coaches, counselors, technical staff or any other authority of the Academy;

      • commit an act involving ragging, physical violence or use of abusive language or destruction of the Academy’s property;

      • participate in any activity which disturbs the peace in the Academy;

      • commit an act which brings the Academy into disrepute.

   • In case of violation of the above Clause 12.2, the Academy may take one or more of the following actions:

     • impose fine of an amount as may be deemed fit by the Academy;

     • require the Player to provide services to the Academy for certain hours;

     • suspend the Player for a specified period either from all activities of the Academy or only from specified activities;

     • expel the Player from the Academy.

9. CONFIDENTIALITY

   1. The techniques, methods, methodologies, strategies and procedures used by the Academy in training the Players are proprietary to the Academy and have been formulated by it over a plethora of years (“Confidential Information”).

   2. In the course of the programs, the Player and/or his/her parents/guardians will gain access to the Confidential Information of the Academy. The Player and his/her parents/guardians shall protect the Confidential Information and shall not disclose the same to any third party.

10. INTELLECTUAL PROPERTY RIGHTS

    1. The Player and his/her parents/guardians agree and acknowledge that the Academy is and will remain the sole owner of all right, title and interest in the present and future intellectual property rights (whether registered or unregistered)

       1. in the concepts, modules, strategies, techniques, manuals, methodologies pertaining to the programs of the Academy including but not limited to the training programs, tournaments, matches, etc.

       2. the photographs, video recordings, sound recordings, visual recordings or other recordings of the Player; together with all the goodwill associated therewith and including all adaptations or modifications thereof recognized in any jurisdiction.

11. DATA PROTECTION

    1. The Academy will store and process any personal data that may be provided by the Player and/or his/her parents/guardians in accordance with all the applicable data protection laws. The Privacy Policy of the Academy is available at https://www.acceleratetennis.in/privacy-policy.

12. DISCLAIMER

    1. The Player shall stay at the Academy at his/her or his/her parent’s risk, liability and consequences thereto. The Academy shall under no circumstances be held responsible for the acts and omissions of the Player and/or his/her parents/guardians.

    2. The Academy shall not be responsible for any health conditions of the Player arising due to intense physical training in the course of the programs.

    3. The Academy does not offer any insurance policy to the Players.

13. LIABILITY

    1. The parents/guardians of the Player shall assume full responsibility and shall indemnify and save the Academy, its affiliates, coaches, counselors, technical staff and directors from any and all liability, loss, damages including loss to life or damage to any property arising out of or caused due to the acts and omissions of the Player and/or his/her parents/guardians or any expense on account of any claims or proceedings against the Academy arising out of or caused by the Player’s and/or his/her parent’s/guardian’s misrepresentations, negligence or breach of the Terms and Conditions.

    2. The Player and his/her parents/guardians acknowledge that the programs of the Academy carry with them some degree of risk both to the person and property and knowing this risk, the Player has enrolled to such a program.

    3. Under no circumstances shall the Academy be held responsible for the acts or omissions of the Player and/or his/her parents/guardians.

    4. In any event, the liability of the Academy shall not exceed the Fees paid in respect of the Player.

14. FORCE MAJEURE

    • “Force Majeure” shall mean any events which are beyond the reasonable control of the Academy. The events of Force Majeure shall include but shall not be limited to governmental act, labor dispute, shortage of materials, fire, earthquake, flood, war, act of terrorism, pandemic, epidemic or any other event beyond the control of the Academy. Any delay in the programs will not be considered a breach of the Academy’s obligations, if such delay is caused by the occurrence of a Force Majeure event.

15. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

    • Governing Law, Jurisdiction. The Terms and Conditions shall be governed by and construed in accordance with the laws of India. Subject to the provisions of Clause 19.2, the courts at Gurgaon, India shall have exclusive jurisdiction on the matters arising from or in connection with this Agreement, without regard to the principles of conflicts of laws.

    • Dispute Resolution. All disputes and differences arising out of or in connection with any of the matters set out in this Terms and Conditions (“Dispute”), if not resolved by amicable settlement within 30 (thirty) days from the Dispute, shall be finally and conclusively determined by arbitration by a sole arbitrator mutually appointed by the parties to the Dispute, in accordance with the (Indian) Arbitration and Conciliation Act, 1996, and rules thereunder. The arbitrator shall reach and render a reasoned decision in writing with respect to the appropriate award to be rendered or remedy to be granted pursuant to the Dispute. The arbitration shall be conducted in English, and the seat and venue of arbitration shall be Gurgaon, India. All claims and counterclaims shall, to the extent such claims or counterclaims are known at the time any arbitration is commenced, be consolidated, and determined in the same arbitration proceeding. The award rendered by the arbitrator shall, in addition to dealing with the merits of the case, fix the costs of the arbitration and decide which of the Parties thereto shall bear such costs or in what proportions such costs shall be borne by such Parties. Nothing shall preclude any Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts, having jurisdiction to grant relief on any such Dispute(s). The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described in this Clause 19.2 (Dispute Resolution).

16. NOTICES

All notices, requests, waivers, and other communications shall be made to the Academy in writing, in the English language by letter (delivered by hand, courier or registered post) at the address [•] or by email  at  [•]. All notices sent by the Academy to the Player and/or to his/her parents/guardians shall be deemed to be served if sent at the addresses stated in the Admission Form. In case of any change in the addresses stated in the Admission Form, the Player and/or to his/her parents/guardians shall immediately notify the Academy. ​

MISCELLANEOUS

1. Waiver. No waiver by the Academy of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Player and/ or to his/her parents/guardians by notice in writing.

2. Severability. If any of Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

3. Entire Agreement. The Terms and Conditions, the Admission Form and any other document expressly referred to therein is the entire agreement between the Academy, the Player and his/her parents/guardians and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

4. Assignment. The Player shall not be entitled to transfer or assign his/her rights and obligations arising under the Terms and Conditions.

5. Amendment. The Academy reserves the right to amend the Terms and Conditions from time to time.

The Player and his/her parents acknowledge that the Terms and Conditions have been read and explained to them and that they have understood the terms specified herein. Further, they acknowledge that it is their responsibility to comply with all the Terms and Conditions and any revisions made to it.